April 2020 – Hot Topics

Most of CCCBA’s Lawyer monthly editions revolve around one subject with related articles. This month’s edition is a bit different.  It presents a broad spectrum ‘Readers’ Digest’ of current events in the law that clients are going to be impacted by now and in the immediate future.

As I write this, the COVID 19 flu and possible economic recession are dominating every news cycle and are foremost on most people’s minds.  What will happen in the days, weeks and months to come regarding those subjects is difficult to predict and I leave those prognostications to others.

What can be predicted right now are the complexities for clients to cope with as to the systematic changes that have already occurred, whether by case law determination or new statutes.

This edition includes a detailed advisory on the new lactation accommodation requirements codified in Labor Code §1030 et seq.  To give you a perspective as to why this article by James Wu is so timely, please consider this:  According to BLS statistics, in 2018, nationwide, women were 46.9% of the labor force, with the projection to be 55.4% of the labor force by 2024. Further, in 2018, women were 51.5% of the management, professional and related occupations in the U.S. with that number expected to continue to grow as well.   Employer planning will be key to keep up with these demographics when 1 out of every 2 of their employees may have needs in this area.

The newly enacted ‘California Consumer Privacy Act’ (Civil Code §1798.100 et seq) leads the nation and may well serve as the federal model.  According to this article by Ashley L. Shively, businesses of all sizes will need advice and counsel as to how best to comply and implement safe guards, both for consumers and for themselves. This article also provides 1 hour of MCLE credit to those completing the questions following it.

While most people involved in residential real estate have heard of AB 1482 by now, this timely article by Jamie Sternberg & Steven Mehlman on the ‘Tenant Protection Act of 2019’ is both concise and in depth on the various elements of the law and who will be impacted.  Further, it gives an outline of the notices that client Landlords will need to give to avoid enforcement issues down the road.

Immigration policy was a central factor in the last presidential election of 2016, and likely to be so again this year.  While not a new concept, the current and stricter regulations on ‘Public Charge’ standards for immigrants are set forth and explained in this article by Marco Garzon to help bring clarity to this subject.

As Californians, we are no strangers to the periodic devastation of earthquakes and fire.  Part of the equation is how to prepare and this article by Matthew Cody explores the situations and dilemmas faced by homeowners, insurers and the State in risk management.

Perry Novak has provided us with a discussion of the ‘CalSavers’ program of mandatory retirement plans (partially codified in Gov’t Code §100000-100050) to be implemented by employers.  This article sheds light on the structure of the program,  current litigation regarding it, and the surprises of who it may include in the post ‘Dynamex’ / AB 5 world of employment definitions.

We live in a world where ‘Be Prepared’ has to be more than just a time-honored Scout motto.  CCCBA and its Editorial Board wish you good health and clarity of thought for your clients in these complicated times.