Key Points Effective January 1, 2021, public colleges, universities, and governmental entities whose primary purpose is providing medical or hospital care are eligible for the employee retention and rehiring tax credit. The amount of the credit is equal to 70 percent of up to $10,000 in eligible wages per employee per quarter for the first two quarters of 2021. The tax credit is claimed as an offset to employment taxes otherwise payable by the employer ...
Long considered “emerging contaminants,” per- and polyfluoroalkyl substances (PFAS) have now emerged. And water agencies throughout California must take heed. As we last reported, in November 2017, the California Office of Environmental Health Hazard Assessment (OEHHA) added two widely used PFAS compounds to the Proposition 65 list of chemicals known to cause reproductive toxicity: perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) ...
In 2016, the Centers for Medicare and Medicaid Services (CMS) issued regulations that prohibited long-term care facilities from entering into pre-dispute arbitration agreements with residents and their families. Shortly thereafter, those regulations were successfully challenged in federal court, and CMS has not attempted to enforce them. On July 18, 2019, CMS issued a final rule that will formally rescind the ban on pre-dispute arbitration agreements with long-term care residents ...
Last week, the U.S. Department of Labor (DOL) issued proposed rules to expand access to “Association Health Plans” for small businesses that are unaffiliated, but are in the same line of business or geographic area. An “Association Health Plan” or “AHP” is a group health plan adopted by members of an employer association to provide health coverage for their employees ...
On January 1, 2017, AB 1661 went into effect, requiring local agency officials, including board members, to receive sexual harassment prevention training and education. This training requirement is similar to the sexual harassment and prevention training already required for supervisory employees every two (2) years under AB 1825. Local agencies should expand their sexual harassment prevention training programs to include agency officials who are covered under the new law ...
Key Points The California Department of Housing and Community Development has released new guidelines for implementing the Surplus Land Act, which clarify when leases are subject to the terms of the Act. Pursuant to the new guidelines, leases are not subject to Surplus Land Act when the lease involves "land on which no development or demolition will occur" or leases with "a term that is less than five (5) years (including any extensions, amendments or options) ...
On April 30, 2018, the California Supreme Court in Dynamex Operations West Inc. v. Superior Court (Case No. S222732) modified the test for determining whether a worker is an independent contractor for purposes of California wage orders. The Court expanded the definition of "employee" and rejected its long-standing independent contractor test ...
On September 1, 2019, AB2342 and its new timing requirements for issuing certain eviction notices and for answering eviction lawsuits go into effect in California. AB2343 amends California Code of Civil Procedure Sections 1161(2) and (3) regarding 3-day notices to pay or quit and 3-day notices based on neglect or failure to perform other conditions or covenants of the lease or agreement ...
Key Points New York federal district court vacates the DOL’s “health care provider” definition in the DOL’s Final Rule implementing the Families First Coronavirus Response Act. The court also vacates the DOL’s employer consent requirement for intermittent leave and the “unable to work” requirement for receipt of leave benefits. The national impact of the decision is currently unknown as the DOL contemplates next steps ...
Effective April 22, 2019, new legislation expands the obligation of property owners to register vacant commercial storefront spaces with the City. The Board of Supervisors may also place a "vacancy tax" on November's ballot, which would tax owners for vacant storefronts after six months of vacancy. The newly effective measure amounts to an update of a previous ordinance that was passed in 2014. Both were introduced by District 1 Supervisor Sandra Lee Fewer ...
On March 4, 2020, Governor Newsom declared a State of Emergency in the State of California as a result of the threat of COVID-19 ...
On March 27, 2020 California Governor, Gavin Newsom, issued Executive Order N-37-20 (“Order”), temporarily restricting the ability of landlords to evict residential tenants for nonpayment of rent if the failure to pay rent is due to the impacts of the COVID-19 Coronavirus (“COVID-19”) ...
On March 12, 2020, Governor Newsom issued Executive Order N-25-20 (“Executive Order”) in response to the COVID-19 pandemic, invoking the Governor’s authority under the Emergency Services Act under Government Code section 8572. The Executive Order is available here ...
On March 13, the Ninth Circuit issued its highly anticipated opinion in HomeAway.com v. City of Santa Monica, upholding the City's ordinance restricting short-term home rentals on popular websites like Airbnb.com. Background In light of the severe housing crisis currently afflicting California, concerns have arisen over the impact of short-term home rentals on the supply of long-term housing ...
In a short, unpublished opinion, the Ninth Circuit Court of Appeals ruled that an ERISA pension plan administrator should have treated a deceased participant's registered domestic partner as a surviving spouse and granted his claim for survivor benefits ...
A federal appeals court has rejected two challenges to the environmental review of the Los Angeles County Metropolitan Transportation Authority's (Metro's) planned subway expansion in Downtown Los Angeles. The "Regional Connector" project, approved in 2012, will create a three-station, underground link through Downtown that will allow passengers to travel from points on the Metro Gold Line to the Blue and Expo lines without having to transfer trains ...
Key Points Ninth Circuit reaffirms the “significant nexus” test for determining whether filling certain wetlands in 2007 violates the Clean Water Act The narrower test for determining the Clean Water Act’s jurisdiction under the 2020 Navigable Waters Protection Rule did not apply since it postdated the 2007 filling of the wetlands ...
On February 21, 2017 the Ninth Circuit Court of Appeals in the case San Luis and Delta-Mendota Water Authority v. Haugrud found that water releases under California Fish and Game Code Section 5937 to keep fish in "good condition" creates an exception to the requirement to obtain a water right permit change from the State Water Resources Control Board (SWRCB). The Haugrud case addresses the Bureau of Reclamation (BOR) 2013 release of Trinity River water from the Lewiston Dam ...
On June 6, 2018, the NLRB General Counsel ("GC") issued a memorandum (GC 18-04) to all Regional Offices directing them to recognize certain types of workplace rules as generally lawful. This guidance should provide employers with greater assurance and clarity regarding acceptable workplace rules under the National Labor Relations Act ("NLRA") ...
On December 14, 2017, in a pair of employer-friendly decisions, the National Labor Relations Board overturned its momentous 2015 Browning-Ferris Industries[1] joint-employer decision, as well as its 2004 Lutheran Heritage Village-Livonia[2] standard for weighing the legality of employee handbook policies. In Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co ...
Key Points The IRS recently issued guidance (Notice 2020-32) regarding the deductibility of expenses incurred in a taxpayer’s trade or business when the taxpayer receives a PPP loan under the CARES Act. Section 1106 of the CARES Act provides that PPP loans may be forgiven without causing the borrower to incur cancellation of debt income ...
On March 17, 2020, California Governor Gavin Newsom issued an Executive Order suspending some of the notice requirements under the California WARN Act ("Cal-WARN"), the state counterpart to the Federal WARN Act. The order came in response to the sudden onslaught of workplace closings across California due to COVID-19. Under the Cal-WARN, employers with 75 or more employees must give 60-days' written notice to employees and unions before layoffs occur ...
On March 17, 2020, California Governor Gavin Newsom issued an Executive Order suspending some of the notice requirements under the California WARN Act ("Cal-WARN"), the state counterpart to the Federal WARN Act. The order came in response to the sudden onslaught of workplace closings across California due to COVID-19. Under the Cal-WARN, employers with 75 or more employees must give 60-days' written notice to employees and unions before layoffs occur ...
We have been asked whether businesses should cancel or severely limit business meetings and social engagements due to the Coronavirus pandemic crisis. It is admittedly difficult to run a business while essentially sheltering in place until such time, as the country achieves some sort of reliable testing program and medical treatment availability. Our recommendation is to cancel all but the most critical of meetings and gatherings ...
We have been asked whether businesses should cancel or severely limit business meetings and social engagements due to the Coronavirus pandemic crisis. It is admittedly difficult to run a business while essentially sheltering in place until such time, as the country achieves some sort of reliable testing program and medical treatment availability. Our recommendation is to cancel all but the most critical of meetings and gatherings ...
