RECENT POSTS
Competing Tests: Employee or Independent Contractor? Saving the Franchise Model
Assembly Bill 5 took effect in California on January 1, 2020 and governs when a business can treat a worker as an employee as opposed to an independent contractor. Under AB5 and its “ABC” test,
2020 Ballot: California’s Propositions 15, 19 Amend Tax on Real Property
Of the twelve statewide ballot propositions certified to appear on the ballot for the upcoming election on November 3, 2020, two seek to amend the taxation of real property in California. Before diving into the
New Franchise Regulations on the Horizon?
On September 16, 2020, Rohit Chopra, one of the five commissioners on the Federal Trade Commission (FTC), declared on Twitter that “[franchise] regulators must stop unfair, deceptive, and discriminatory practices that target franchisees and their
Franchise 101: New Joint Employer Rule Nixed for Now; and Trashing the Competition
Franchisor 101: New Joint Employer Rule Nixed In another twist to the joint employer saga, a United States District Court in New York voided the Department of Labor’s (“DOL”) new rule for joint employment. Eighteen
COVID-19 In the Workplace: Employees May Seek Workers’ Compensation
In May 2020 Governor Gavin Newsom issued an executive order that created a time-limited rebuttable presumption for employees to seek workers’ compensation benefits if they tested positive for COVID-19 while on the job. The Executive
Employers: Notify Employees of Potential COVID-19 Exposure ASAP
On September 17, 2020, Governor Newsom signed AB 685, which imposes stringent notice and reporting requirements in the event of COVID-19 exposure in the workplace and expands the California Division of Occupational Safety and Health’s
New California Law Provides Supplemental Paid Sick Leave for COVID-19 Affected Workers
Governor Gavin Newsom recently approved a significant supplemental paid sick leave law which became effective September 19, 2020. The law, codified as Labor Code Section 248.1, requires certain larger employers to provide up to 80
Business Beware: Environmental and Occupational Warnings Under Prop 65
After 34 years California’s Proposition 65 continues to serve as a ripe source of litigation against businesses which fail to warn that their products can expose consumers to chemicals that cause cancer or reproductive toxicity.
Effective Immediately: Residential Tenants Receive Further COVID-19 Protections in California
On August 31, 2020, California Governor Gavin Newsom signed an eviction protection law that significantly amends the long-standing procedures for initiating and prosecuting residential unlawful detainer actions based on failure to pay rent. The new
Executive Order on Deferring Payroll Taxes – Frequently Asked Questions
On August 8, 2020, the President issued a Presidential Memorandum directing the Secretary of the Treasury to use his authority to defer withholding, deposit, and payment of certain payroll tax obligations (the “Executive Order”). On