California employers should pay close attention to the 2021 legislative session. Amid the current pandemic, labor-related issues may soon look different. Some of the new proposals, if signed into law, will affect paid sick leave, emergency childcare, expansion of the "family member" definition, and other important aspects of labor law....
The Trademark Modernization Act of 2020 became law on December 27, 2020. This new law ushered in uniform procedures in many facets of trademark litigation, but none more so than ex parte cancellation proceedings. In an effort to reduce bad faith filings and clutter, any petitioner may now file a...
On December 21, 2020, the final version of the Consolidated Appropriations Act, 2021 (the “Act”), was passed by Congress and signed into law by President Trump on December 27, 2020. The Act includes a $900 billion economic stimulus package as a result of the continued need for coronavirus relief. The...
Beginning January 1, 2021, the following increased minimum wages and exempt employee salaries will go into effect: Statewide Minimum Wage On January 1, California’s minimum wage will increase to $14 per hour for employers with 26 or more employees and $13 per hour for employers with 25 or fewer employees....
Starting February 16, 2021, the California property tax parent-child exclusion will become heavily restricted. Currently, parents may transfer their primary residence to a child without facing property tax reassessment and shelter up to $1,000,000 in appreciation of real property that is not a primary residence. Under Proposition 19, a child...
Businesses across California are checking their customers' temperatures to combat the spread of COVID-19. While checking temperature can be a great tool to slow the spread of COVID-19, does it also present a data privacy issue? The California Consumer Protection Act ("CCPA") protects a wide range of consumer information from...
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...
