News & Events

On July 3, 2019, California has become the first state in the nation to protect employees from racial discrimination based on their hairstyle (New York followed suit on July 12, 2019.) Governor Gavin Newsom signed the groundbreaking Senate Bill 188, which states that “hair discrimination targeting hairstyles associated with race is racial discrimination.” Senate Bill 188, or the Creating a Respectful and Open Workplace for Natural hair (“CROWN”) Act, amends both the Education Code and the Fair Employment and Housing Act and expands the definition of race to include “traits historically associated with race, including but not limited to, hair texture and protective hairstyles.” “Protective hairstyles” are defined to include braids, twists, and dreadlocks; afros are also protected (and have been the only hairstyle that was recognized as a basis of race discrimination prior to the enactment of this legislation). This legislation addresses crucial bias toward natural Black hairstyles in both school and the workplace and allows employees, students, and applicants to wear their hair in whatever style they choose (so long as there is no legitimate business purpose for the prohibition, such as safety) without fear of being terminated, punished, or rejected from a position on the basis of their hairstyle. The Legislature specifically declared, among other things, that “the history of our nation is riddled with laws and societal norms that equated ‘blackness,’ and the associated physical traits, for example, dark skin, kinky and curly hair to a badge of inferiority, sometimes subject to separate and unequal treatment,” […]

California voters made their views on rent control clear last November when Proposition 10 (rent control) was rejected by nearly 20 percentage points. Even though Californians are faced with an unprecedented housing crisis, many believe that rent control just doesn’t work because it discourages real estate development that is crucial to reducing the costs of housing prices. However, Governor Gavin Newsom and Assemblyman David Chiu do not seem to agree. Early this month, Governor Newsom voiced his support for San Francisco-based Assemblyman David Chiu’s pending AB 1482, a measure that would extend rent control protections in California and cap annual increases at 7%, plus the rate of inflation, up to a maximum of 10% a year. The measure would apply in jurisdictions where voters and local elected leaders have rejected rent control policies but would not supersede locally passed rent control laws. In addition to capping rents, AB 1482 would apply “just cause” eviction policies statewide. Governor Newsom has been promoting a new state fund to help California renters fight eviction. When asked about David Chiu’s rent bill, the LA times quoted Newsom as saying that the measure is “long overdue in the state of California” and he hopes to see it on his desk soon. Chiu pushed AB 1482 through the Assembly last May and now needs to move the plan through the State Senate. The bill cleared a big hurdle just last month, passing its first Senate committee on a 6-1 vote, but ended up being pushed to […]

Effective Mediation and Settlement of Commercial Real Estate Disputes September 19, 2019 12:00pm – 2:00pm Join us at the: SCCBA Conference Center 31 North Second Street, 4th Floor San Jose, CA 95113 Reserve your spot today! Register Attend Online A highly experienced panel of real estate litigators and mediators will focus on best practices in settling commercial real estate disputes in mediation through business solutions, cash payments or equitable remedies. They will focus on mediation and settlement of a variety of commercial real estate disputes including co-owner disputes; partition; partnership, LLC and LLP dissolutions; commercial lease disputes; and claims of misrepresentation and nondisclosure in purchase and sale agreements, real estate finance disputes, and other dispositions of commercial real estate. The topics will include: When is the right time to mediate and what are the benefits Assessment of liability and damages scenarios to reach a monetary solution Exploring potential business solutions to the dispute Who should attend the mediation Effective mediation memoranda, pre-hearing conferences and oral presentations at the mediation Opening offers and settlement moves, avoiding or breaking impasse and closing the deal Documenting the settlement This seminar is co-sponsored by the California Lawyers Association Real Property Law Section. Speakers: John Cavin, Hoge Fenton Nancy J. Johnson, Berliner Cohen LLP Perry Woodward, Hopkins & Carley Julia M. Wei, Diemer & Wei Moderator: Frank Burke, ADR Services MCLE Credit: 2.0 General Substantive Law In-Person Registration includes Lunch: SCCBA Member: $89 New Admittee: $79 (Under 5 years in practice) Non-Member: $129 Honorary: $30 […]

Hoge Fenton employment law shareholder Jenn Protas recently spoke at the National LGBT Bar Association’s 2019 Lavender Law Conference in Philadelphia. She addressed the importance of an inclusive approach to workplace policies and training. Now in its 31st year, the Lavender Law Conference is the largest LGBTQ+ legal conference in the country, with approximately 1,700 attendees attending annually.