Beginning January 1, 2021, California employers with five employees or more must provide up to 12 weeks of unpaid, job-protected family and medical leave to eligible California employees during each 12-month period. Senate Bill 1383, recently signed into law by Governor Newsom, significantly expands the California Family Rights Act. Under...
On September 4, 2020, Governor Gavin Newsom approved AB-2257, which expands the occupations and business relationships that are exempt from the “ABC test,” which was established by AB-5. In 2019, the California State Assembly passed AB-5, enacting stricter laws to avoid the misclassification of workers as independent contractors, which effectively...
The year of 2020 has brought about many unexpected challenges. Although the COVID-19 pandemic might have presented some particularly unique challenges, many did not expect issues of discrimination to also be at the top of the list of 2020 concerns. As fights against racism, sexual abuse, police brutality, gender discrimination,...
In a ruling stemming from a lawsuit brought by the city attorneys of San Diego and two other cities and the state, a California appeals court extended the length of time Uber and Lyft will have to comply with an order requiring them to reclassify rideshare drivers as employees. If...
At POTENTE, our entire team has worked very hard to spread our global presence. Whether it be our global network of colleagues and clients, or a physical presence in global locations such as Mexico City and Tokyo, our global outreach is a primary objective of our firm. We firmly believe...
Are you thinking about re-branding your business? In the United States, trademark protection follows the concept of "use it or lose it" - when considering re-branding, it is important to remember that "trademark trolls" may be able to claim your intellectual property even if you have a registered trademark. This...
San Diego is the craft beer hub of the US. It’s one of the things that makes San Diego so unique. With the customer service industry taking the brunt of the COVID-19 economic slowdown, local breweries find themselves in an incredibly tough position. POTENTE is a huge supporter of this...
On July 8, 2020, the United States Supreme Court ruled that the provision in the Patient Protection and Affordable Care Act of 2010 (ACA) that exempts employers with religious and conscientious objections from providing employees healthcare coverage for contraception, is lawful. After the ACA was passed, the final rules required...
On June 15th, the United States Supreme Court ruled Title VII of the Civil Rights Act of 1964 extends to gay and transgender workers. In a 6-3 decision, the Court held that along with race, color, national origin, religion and sex, employers are now prohibited from discriminating based upon an...
A message to our global community, The health, safety, and well-being of the POTENTE team, our clients, and the communities in which we live is the most important consideration today and always. As we cope with the ever-changing circumstances related to COVID-19, we believe we have to take unprecedented steps...
TheCalifornia Consumer Privacy Act (CCPA), enacted in 2018, creates new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses. The CCPA took effect on January 1, 2020 and is one of the most significant regulations overseeing the data-collection practices of companies...
