NEWSFLASH: COURT HALTS CONTROVERSIAL ARBITRATION LAW

Posted: January 31, 2020 | Posted by Crystal Whitfield | No Comments
Business groups today are hailing a ruling in the case against California’s new law banning employers from requiring arbitration agreements as a condition of employment. In the case, United States District Court Judge Kimberly J. Mueller ruled: “having carefully considered all relevant briefing, including supplemental briefing, the court GRANTS plaintiffs’ motion for a preliminary injunction in full. In the coming days the court will explain its reasoning in a detailed, written order.” The ...

LLC – BROKER BILL PASSES ASSEMBLY

Posted: January 31, 2020 | Posted by Crystal Whitfield | No Comments
On a bipartisan 56-0 vote, AB 687 (Daly; D-Anaheim) passed the California State Assembly.  This bill will allow real estate brokers to incorporate as a limited liability company (LLC), in addition to a C or S corporation. This is a measure that our industry has been pursuing for years, and the Department of Real Estate notes there is pent-up demand for this change in law, estimating more than 30,000 brokers would seek to incorporate as an LLC, which has become commonplace since first being introduced. AB ...

BALLOT MEASURE CHALLENGING AB 5 GAINS MOMENTUM

Posted: January 31, 2020 | Posted by Crystal Whitfield | No Comments
California’s new law, AB 5, attempting to clarify the Dynamex Court ruling has been drawing lots of complaints for having a variety of unintended consequences.  Our industry worked hard to clarify that Real Estate Brokers were not included in the law, however another major issue we had was that the bill was not clear in how it impacted business-to-business contracts between two incorporated entities and are seeking to clarify that issue further in clean up legislation this year. However, there ...

HOUSING DENSITY BILL FAILS – TWICE

Posted: January 31, 2020 | Posted by Crystal Whitfield | No Comments
A measure that has made lots of headlines over the past year, that would set aside some local ordinances to clear the way for more dense housing near transit corridors, failed twice this week in two votes on the Senate Floor. SB 50 (Weiner; D-San Francisco) attempts to help break the housing logjam in the state by overriding local zoning rules to encourage apartment construction in cities and counties.  It needed 21 votes and only was able to muster 18, in the Democrat-dominated State Senate. In ...

COMMUNITY AIR PROTECTION PROGRAM INPUT SOUGHT

Posted: January 31, 2020 | Posted by Crystal Whitfield | No Comments
Assembly Bill 617 signed into law in 2017, directs the California Air Resources Board to establish the Community Air Protection Program.  The program a community-focused action to reduce air pollution and improve public health in communities that experience disproportionate burdens from exposure to air pollutants. On September 27, 2018, the Board selected ten communities for the first year of this program to implement community emissions reduction programs, community air monitoring, or both. At ...

LLC – BROKER BILL PASSES COMMITTEE UNANIMOUSLY

Posted: January 24, 2020 | Posted by Crystal Whitfield | No Comments
After years of trying, and months of negotiations with interested stakeholders, we are pleased to report that our sponsored bill, AB 687 (Daly; D-Anaheim) to allow limited liability companies (LLC) to operate as a real estate broker has moved through the Assembly Judiciary Committee and, yesterday, the Appropriations Committee, on bipartisan votes. Real estate broker licensing was not extended to LLCs when other types of licensing were extended to LLCs over 20 years ago because at that time our industry ...

PERSONAL SERVICES CONTRACTS – OPPOSE

Posted: January 24, 2020 | Posted by Crystal Whitfield | No Comments
As part of an employer coalition, we OPPOSE AB 790, which would require that targeted companies provide notices to personal service workers of another entity regarding the personal service workers’ right to form or assist labor organizations as permitted under federal law. Specifically, AB 790 requires that the Department of Industrial Relations identify employers with a market capitalization of at least $1,000,000,000 and owns, operates, maintains, or rents any building in California. Those employers ...

COMMUNITY AIR PROTECTION PROGRAM INPUT SOUGHT

Posted: January 24, 2020 | Posted by Crystal Whitfield | No Comments
Assembly Bill 617 signed into law in 2017, directs the California Air Resources Board to establish the Community Air Protection Program.  The program a community-focused action to reduce air pollution and improve public health in communities that experience disproportionate burdens from exposure to air pollutants. On September 27, 2018, the Board selected ten communities for the first year of this program to implement community emissions reduction programs, community air monitoring, or both. At ...

NEW EMPLOYMENT LAWS – INCLUDING LACTATION AND INDEPENDENT CONTRACTORS

Posted: January 24, 2020 | Posted by Crystal Whitfield | No Comments
On January 1, hundreds of new laws came into effect.  Our friends at Cox, Castle & Nicholson have provided some information on the high priority laws that our industry should be immediately aware of.  Many of these have been covered in past eWeeklys, but we are providing again because it’s so important your business know about these new laws and get into compliance. Click here to read the list which covers everything from the new Independent Contractor law you have read so much about, to ...

AG’S BIASED TITLE AND SUMMARY FOR SPLIT ROLL SPARKS OUTRAGE

Posted: October 25, 2019 | Posted by Crystal Whitfield | No Comments
The San Diego Union-Tribune published a scathing editorial opposing California Attorney General Xavier Becerra’s biased title and summary for the split-roll measure. According to leadership at Californian’s to Stop Higher Property Taxes, the biased wording gives the proponents an unfair advantage at passing their $12.5 billion-a-year property tax increase. The measure received its title and summary last week, sparking outrage across the state for the blatant misrepresentation in what ...
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