Resources

On June 25, 2015, the Supreme Court in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. held that disparate-impact claims are cognizable under the Fair Housing Act (FHA). The Inclusive Communities Project, Inc. (ICP), brought suit against the Department of Housing and Community Affairs for disparate-impact…

Time means money; in employment, work means wages. As is generally known, there is a broad definition of “work” under both federal and state law. Under federal law, a person must be paid for exertion (physical or mental) required by the employer and pursued for the employer’s business. The definition…

All employers are faced with the risk of employees misusing their work computers: not only can employees waste time watching sports, checking and updating social media, and navigating through inappropriate and unsecure websites, but there is also the risk of employees accessing files without authorization and even obtaining confidential information…

A forum selection clause in an employment contract is a valuable tool for companies in the multifamily industry who maintain operations in multiple states. A forum selection clause allows parties in an employment contract to designate the state where lawsuits must be brought should any controversy arise, including but not…

Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), employers have an affirmative duty to engage in a timely good faith “interactive process” and to provide reasonable accommodations to disabled employees. In fact, the employer has as duty to initiate the process if the…

A new law affecting California employers becomes effective on July 1, 2015.  This new law—the Healthy Workplaces, Healthy Families Act of 2014 (“Paid Sick Leave law”), codified as California Labor Code sections 245 through 249, requires almost all public and private sector employers to provide almost all workers in California…

The Homeowner Bill of Rights (HBOR) was supposedly designed to ensure “fair” lending practices; however, far from creating fairness, it has placed a substantial burden on lenders and their ability to enforce their rights with regards to borrowers. In fact, some courts have even used HBOR to justify imposing obligations on…

A common question among landlords is that extent of a tenant’s rent liability where the tenant is evicted or abandons the premises prior to the end of the lease term. This question is often framed as follows: “I served my tenant with a Three Day Notice to Pay Rent or…

Briseno v. ConAgra, 9th Cir., 1/3/17 In consumer fraud class actions, where the class is made up of consumers who purchase small ticket items (like groceries) and don’t typically keep their receipts, it is difficult to identify and ascertain the identities of class members. The manufacturer and retailer probably don’t…

Hernandez v. Ross Stores, 4/2, 1/3/17 Employee filed a single count PAGA claim based on various alleged California Labor Code violations. The trial court denied employer’s motion to compel arbitration (of course). We all know what Iskanian v. CLS Transportation Los Angeles LLC (2014) 59 Cal.4th 348, 387 (Iskanian) says…