Volume 8 | January 2020
FIRM NEWSLETTER
W e are pleased to introduce our associate attorney, Andrea A. Nguyen . Ms. Nguyen is a member of the firm’s transactional team. Her developing practice includes estate planning, probate, and trust administration, with experience in trust and estate litigation and conservatorship matters. Ms. Nguyen’s practice also extends to business entities and real estate law and includes corporation, limited liability company, and partnership formation as well as real estate transactions and title transfers.

Ms. Nguyen earned her B.A. in Political Economy at the University of California, Berkeley. She graduated from Santa Clara University School of Law where she received the Emery Law Scholarship for academic achievement and professional promise, and was a member of the Vietnamese American Law Students Association and the Women and Law Association.

During law school, Ms. Nguyen worked in the family law unit at Bay Area Legal Aid, the largest and only poverty law firm serving seven Bay Area Counties, where she focused on child dissolution, child custody, and domestic violence issues. Ms. Nguyen also worked at the Santa Clara County Superior Court Family Law Facilitator’s Office as a Judicial and Clinical Intern researching and writing legal opinions as well as reconciling California Local Family Rules of Court with new legislation. Prior to joining the firm, Ms. Nguyen worked as an associate attorney at the Law Offices of Cheri E. Michaelis where she focused on various aspects of estate planning, probate, trust administration, and business entity formations.
New Year - New Employment Laws
As we begin a new year, here is a list of new laws that may impact California employers.  If you have any questions about how these new laws may affect your business, please contact a member of our Employment Law team: Amanda L. Riddle , Steven M. Berki , Sumble Manzoor and Max J. Neiman .

SB 3: Minimum wage
The minimum wage in California goes up by one dollar to $12 an hour for workers at companies with 25 or fewer employees and to $13 an hour for workers at larger companies.

AB 5: Independent workers
Under AB 5, workers would be considered employees and not independent contractors if the employer controls the work, directs them in the course of their work or if the worker's job is part of a company's core business. Note that on December 30, 2019, Uber and Postmates filed a lawsuit claiming that AB 5 is unconstitutional, joining other workers and businesses in challenging the new law.

California courts are currently deciding whether the California Supreme Court decision in  Dynamex Operations West, Inc. v. Superior Court  that lead to the passing of AB 5, should be applied retroactively.  In the meantime, employers are urged to audit their practices and seek advice from employment counsel as to whether their independent contractor workers are properly classified in light of the holding in  Dynamex .

SB 188: Hairstyles
California is now the first state to ban workplace and school discrimination based on a person's natural hairstyle or hair texture. Protected hairstyles include braids, twists and locks.

SB 142: Lactation accommodations
While California has had a law requiring employers to provide breaks for nursing mothers, many were forced to express breast milk in a bathroom stall or office closet. This new law requires companies to provide appropriate lactation accommodations that is close to the employee's work area, has electrical plugs and is free of intrusion.

AB 51: Arbitration agreements
Starting January 1, workers can't be forced into mandatory arbitration by an employer. The law bans mandatory arbitration agreements with employees. The law does not apply to arbitration agreements entered into prior to January 1, 2020.

SB 1343: Sexual harassment
Requires businesses with at least five employees to provide sexual harassment training to its employees within six months of being hired, and every two years after that.  The deadline for initial compliance with this law has been extended to January 1, 2021.

SB 83: Paid family leave
New parents will have more time to care for their child. Benefits under Paid Family Leave will increase from six weeks to eight weeks starting on July 1, 2020.
Claims Arising from Supervisor’s Derogatory Comments
In  Galvan v. Cameron Hospital Ass’n , the California Court of Appeal stated that an employee can sue their employer for discrimination and harassment based on their supervisor’s demeaning comments regarding their race and national origin.  The Court stated that the employee does not need to prove that the employer knew about the supervisor’s conduct, but that it was enough to show that the supervisor who represented the company intentionally created the intolerable conditions.  This case further confirms that it is essential to train all supervisory employees on the employer’s anti-harassment and anti-discrimination policies and encourage employees to report any violations so that the company can promptly resolve the concerns.
Recovery of Wages and Premiums for Missed Meal Periods
In  Kaanaana v. Barrett Business Services, Inc . the Court held that an employee who is required to return to work before the end of their 30-minute meal period is entitled to not only recover the wages for actual time worked but also a meal period premium payment in the amount of one additional hour of pay.
Awards & Accolades
Congratulations to our attorney,  Sumble Manzoor who was recently elected as the 2020 Treasurer of the Women Lawyers Section of the San Mateo County Bar Association. Congratulations also go out to  Dallas E. Dean for his new position as Assistant Treasurer of the Estate Planning Section of the San Mateo County Bar Association.
Community Partner Spotlight
Corey, Luzaich, de Ghetaldi & Riddle LLP actively supports many non-profit organizations in the Bay Area. In this edition, we want to draw readers’ attention to the  Millbrae Lions Club . The Millbrae Lion Club  is a fun and vibrant association of men and women who love their community. They are all volunteers making up a “family” of local business people, police officers, contractors, teachers, former and current members of their local city, county and state government, representatives from the banking, accounting and legal professions, and retired community leaders who have the urge to make Millbrae a wonderful place to live. They strive to help those in need and are rewarded only by the smiles on their faces.  Stevan N. Luzaich  acts as legal counsel for the organization.
Employment Law Litigation

When issues arise, our attorneys focus on early intervention to resolve problems within the business before the issue escalates ...
Business & Commercial Transactions
Since 1964, our firm has provided tailored advice to business clients of all sizes. From sole proprietorships to Fortune 500 companies ...
Elder Law

As our population ages, there are many opportunities for financial and physical abuse of the elderly. Our firm is committed to halting such conduct   ...
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