Posts by Guest Author

California Supreme Court Upholds Constitutionality of State Consumer Reporting Statute

After several years of litigation, in Connor v. First Student, Inc. the California Supreme Court decided that the California Investigative Consumer Reporting Agencies Act (“ICRAA”) was not unconstitutionally vague as applied to employment background checks. It reached this conclusion notwithstanding its finding that there is some overlap between the ICRAA and the California Consumer Credit

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Raising Your Tenants’ Rent Without Feeling Guilty

With year-over-year inflation rates reaching an average of 2.5% that means raising rent is inevitable for most landlords and property managers. However, it can be hard and you may feel guilty to pass the financial burden along to your tenants. Even more if they’re long-term, have a good track record, or are your friends and family. Here are four ways to increase rent without feeling guilty.

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A Property Manager’s Journal of Chilling Stories

In this day and age, if you are in the Property Management profession you better know whom you are renting to. With over 25 years of experience in this industry we at Park Place Asset Management go the extra mile like never before. I suggest that you pre-qualify your applicants and tell them that you run an extensive investigative background check and will need to verify all information that comes up on the individual reports in addition to attaching your Rental Criteria to each application.

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You Should Be Concerned If This Is How You Collect Rent

Original post on Payrent.com
Although PayPal, Venmo and direct deposits are fantastic features, there are negative consequences with collecting rental income through these applications. I hope you never experience these problems, but I want to educate you on worst case scenarios. Approximately 2.7 million families face eviction each year, and collecting rent improperly can adversely affect your business.

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employee background checks

California Further Limits Use of Criminal Background Information

California’s Fair Employment and Housing Council (“FEHC”) has released new regulations that would greatly affect California employers. Parts of the FEHC’s new regulations differ from current Federal regulations (like the consideration of marijuana convictions). The following guidance has been released from Anthony J. Oncidi and Jeremy M. Mittman at Proskauer Rose LLP:

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employee background checks

Texas Judge Preliminarily Enjoins New Overtime Exemption Rules Nationwide: What Steps Should Follow?

By: Seyfarth’s Wage & Hour Litigation Practice Group
**UPDATE 12/2/16: On December  1 (the day on which the new salary level was supposed to become effective) the Department of Justice and Department of Labor filed a notice of appeal from the district court’s order granting a preliminary injunction.  The notice was filed around the same time that a number of members of Congress held a media event in support of the increased salary level. According to Seyfarth Shaw LLP, at this time, it does not appear that the government has sought a stay of the preliminary injunction. Subscribe for continued updates**
Late Tuesday afternoon, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas issued an order enjoining the U.S. Department of Labor’s implementation and enforcement of the new overtime exemption rules that were set to go into effect on December 1, 2016.  The court granted a motion for preliminary injunction filed by the attorneys general of 22 states, in which the states argued among other things that the new rules were unlawfully promulgated and would be likely to cause irreparable harm to the states that requested the injunction.  The court also considered amicus arguments made by various chambers of commerce and trade associations, which filed a companion case asserting similar and separate grounds for overturning the DOL’s new rules.  Although the court’s order leaves some room for confusion on this point, it appears to apply to all public and private sector employers nationwide.

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