Alyson Claire Law, Prof. Corp.

California employers with 25 or more employees already know that employees may take time off from work to seek medical attention for injuries caused by crime or abuse, receive services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of crime or abuse, receive psychological counseling or mental health services related to an experience of crime or abuse, or participate in safety planning and take other actions to increase safety from future crime or abuse.  And most California employers are also aware that employees can take time off to obtain a temporary restraining order for a crime involving abuse or injury or to attend judicial proceedings related to a serious or violent felony.  But these so-called “violence” leave laws are somewhat patchworked together and can be confusing. Which is why we now have AB 2499, which aims to clarify and combine these various laws into one law under FEHA (the Fair Employment and Housing Act) as well as add some additional protections.  The key things to note in this new omnibus rule are: ·      A new term of “qualifying acts of violence” which is defined as: (1) domestic violence; (2) sexual assault; (3) stalking; or (4) conduct that involves bodily injury, death, using (including brandishing) a firearm or dangerous weapon, or threats of physical injury of death.  And no one has to be arrested, prosecuted, or convicted for there to be a qualifying act of violence. ·      All employers, regardless of size, are prohibited from retaliating or discriminating against an employee because of their, or their family member’s, status as a victim of qualifying acts of violence.  Or for being on a jury or testifying as a subpoenaed witness in a judicial proceeding. ·      Employers with 25 or more employees will still have to provide all of the violence related leaves they are currently required to provide, but now they will also have to provide leave, in certain circumstances, to employees who have family members (children, parents, grandparents, grandchildren, siblings, spouses, domestic partners, or designated persons) who are victims of qualifying acts of violence.  The ten expanded types of leave and the potential lengths of these leaves are fairly detailed and can’t be easily summarized, so make sure you look carefully at the new Section 12945.8 of the California Government Code. ·      A new workplace notice regarding these rights for victims of violence will be coming out sometime next year (from the California Civil Rights Department) and all employers will be required to provide this to new hires, once annually, upon request, and upon learning that an employee or their family member is a victim of a qualifying act of violence. Okay, so maybe AB 2499 doesn’t exactly make compliance “easier” for employers, so if you need some help updating and implementing your leave policies for 2025, reach out and let’s chat. Photo by Erwan Hesry on Unsplash

If it wasn’t already confusing enough for California employers trying to figure out who can be an independent contractor and what test applies (when in doubt treat everyone like a W2 and if you need a legal analysis, reach out, because these are not easy questions to answer), SB 988, the “Freelance Worker Protection Act”, was just signed into law last month.  (https://lnkd.in/g9aC6ADR) Starting January 1, 2025, the FWPA requires a written contract for all new or renewed agreements involving freelance workers earning $250 or more within a 120 day period.  (In the past, only certain categories of independent contractors required written agreements.)  And the contract must include (on top of any other requirements already codified into law): 1. “The name and mailing address of each party.”  (Yes, an actual mailing address, not just an email address.) 2. “An itemized list of all services to be provided by the freelance worker, including the value of those services and the rate and method of compensation.” 3. The date payment is due or a description of how that date will be determined.  (If unspecified, then payment is due no later than 30 days after completion of the services.) 4. The  date the services are to be completed by to allow for timely payment. Freelance workers are also to be protected from retaliation and hiring parties cannot, as a condition of timely payment, change the terms of the agreement (specifically the amount of compensation, the services to be performed, or the IP rights) once performance has begun. Additionally, and unlike traditional contracts, there are specific mandated damages for breaches of both a freelance contract and the FWPA by the “employer”, including a $1,000 penalty for failing to provide a written contract prior to the commencement of work. So if you need help putting together your new independent contractor contracts, reach out and let’s get your 2025 off to a compliant start. Photo by Chris Liverani on Unsplash.

Another ⭐⭐⭐⭐⭐ review for Alyson Decker's coaching work! If you are interested in working with Alyson to focus your objectives and strategically plan for growth, drop us a line! And find out more here about our consulting & coaching services: https://lnkd.in/gQAZZ6rw

Heard about BOI reporting? What about CTA compliance? Don’t worry, Alyson Decker has the down and dirty on this new extra (but not that hard) step all small businesses have to do.

Breaking (not heart breaking, we swear) news straight from the desk of our CEO:

Please join the Orange County Paralegal Association in thanking our wonderful Lunch & Learn presenter, Alyson Decker from Alyson Claire Law, Prof. Corp. We appreciate the 1 hour MCLE presentation on, Discovering How to Get the Most Out of the Most Hated Part of Litigation: Discovery 101.

Most of the time, California Labor Commission cases are for very small amounts of money, but not always. Earlier this year we were retained by an employer who was dealing with a Labor Commission complaint seeking $166,910.25 in damages, not including interest. The case had been pending since 2019 and their prior counsel had disappeared. (Yes, Labor Commission cases can sometimes take longer than civil court cases.) Now, most Labor Commission cases are hard to win outright, and this case was no exception as there were no time records or pay stubs or former employees who could testify in support of the employer. So when we stepped in just before the final hearing our goal was to chip away at that more than six figure demand to get it down to something reasonable. What evidence could we provide to show not all the claims were founded? How could we show the hours the employee actually worked without any records? What questions could we ask to get the employee to admit that they had, in fact, gotten their meal breaks? Based on our answer to the complaint, the employee reduced their claim for damages at the hearing to $127,806.25. Still a lot of money, but almost a 25% reduction right off the bat. And then we defended our client at the hearing. And these hearings are not simple affairs. They are several hour long telephonic/virtual evidentiary mini-trials complete with an opening, cross examinations, direct examinations, submissions of exhibits, a closing, and responding to detailed questions from the Labor Commissioner along the way. After months of waiting for a final order, the Labor Commissioner awarded the employee only $67,563.00 in damages, pre-interest. Now I know that still sounds like a lot of money, but that’s almost $100,000 less than what was originally demanded and an overall reduction of almost 60%. In summary, it helps a lot to have someone handle Labor Commission cases that has experience with this unique dispute system and understands that the best strategy can often simply be: reduce, reduce, reduce. P.S. And, remember, results can vary. #laborcommission #employmentlaw #wageandhour Photo by Ussama Azam on Unsplash

#tbt to that time (last month) when Alyson Decker got to speak on the Focus Stage at LinkedIn.

If you missed Alyson Decker's presentation, "Discovering How to Get the Most Out of the Most Hated Part of Litigation: Discovery 101”, this year at Legal Up 2024, she’s doing an encore performance on July 24th! You don’t want to miss this a second time.

Consulting and coaching? Yeah, we do that too!