On June 15, 2022, the U.S. Supreme Court issued a ruling in Viking River Cruises v. Moriana allowing arbitration of individual employee claims under the Private Attorneys General Act (PAGA) if the employee signed a valid arbitration agreement to that effect.

Learn more about the Court’s decision here: https://capitolinsider.calchamber.com/2022/06/u-s-supreme-court-ruling-allows-arbitration-of-individual-paga-claims/

We recommend that employers update their arbitration agreements to reflect this win for California employers. If you would like assistance, contact our office to speak with one of our experienced employment law attorneys.

In October 2021, the California Department of Fair Employment and Housing (“DFEH”) announced a new initiative focused on identifying and correcting violations of the Fair Chance Act (the “Act”), which prohibits employers with five or more employees from asking job candidates about their conviction history before offering them a job.  The Act is part of California’s Fair Employment and Housing Act (“FEHA”), which is enforced by the DFEH.

The DFEH conducted a mass search of online job postings for violations of the Act and found over 500 job postings containing statements that employers would not consider job applicants with a criminal record, in violation of the Act. The DFEH sent notices to these employers to remove the unlawful statements.

The DFEH is offering a Fair Chance Act Toolkit with resources to help employers comply with the Act and plans to release interactive training and an online app in 2022.  The Toolkit can be found at https://www.dfeh.ca.gov/fair-chance-act/ and includes the following resources:

• An informative video that explains the Act
• Sample forms that employers can use to follow the procedures required by the Act
• A guide to using the sample forms
• Suggested text that employers can add to job postings and applications to inform applicants that the employer will consider individuals with a criminal history
• FAQS about the Act

If you have questions about the Fair Chance Act or how your business can comply, please contact our office to speak with one of our experienced employment law attorneys.

The California minimum wage is currently $15.00 per hour for employers with 25 or more employees and $14.00 per hour for those with less than 25 employees.  The minimum wage is expected to increase to at least $15.50 for all employers on January 1, 2023.

Under current law, if inflation exceeds 7% between the 2021 and 2022 fiscal years, a minimum wage increase is triggered.  Currently, inflation is expected to be 7.6% higher from the previous year, triggering the increase.

Additionally, employers should be aware that a minimum wage initiative is expected to be on the November ballot in California.  It proposes to increase minimum wage to $16.00 per hour on January 1, 2023 and to increase annually until it reaches $18.00 per hour in 2028.

Employers should prepare for this increase by adjusting their pay scales.  This includes ensuring that all salary scales tied to the minimum wage, including the salary basis test for the executive, administrative, and professional exemptions, are also adjusted upward or employees are reclassified as non-exempt.

As of January 1, 2022, California is implementing several major changes to Medi-Cal.  One notable change is the gradual elimination of the asset test for elderly and disabled individuals to qualify for Medi-Cal.

Currently, in order to qualify for Medi-Cal, a single person cannot have more than $2,000 in assets and a married person cannot have more than $137,400 in assets.  In both instances, the applicant may have one home and one vehicle, but the value of their remaining assets must meet the asset limit. This strict limit causes many applicants to “spend down” their assets to qualify for Medi-Cal coverage.

On July 1, 2022, the Medi-Cal asset limit will significantly increase so that a single person can have as much as $130,000 in assets and a married person can have as much as $267,000 in assets.  Effective July 1, 2024, the asset test will be eliminated entirely.

The Department of Health Care Services will be sending notices to individuals who were denied Medi-Cal benefits or terminated from Medi-Cal coverage because their assets exceeded the $2,000 limit to inform them of these changes.

Importantly, Medi-Cal’s asset test changes do not impact the asset test for Supplemental Security Income (SSI), which is a federal program administered by the Social Security Administration.  Medi-Cal and SSI currently have similar asset and income limits, so that an individual who qualifies for one program would typically qualify for the other program.  However, once the Medi-Cal asset test changes take effect, an individual who chooses to retain their assets and still qualify for Medi-Cal might no longer qualify for SSI.

Medi-Cal’s income rules remain the same, so income planning is still an important aspect of maintaining Medi-Cal coverage. Additionally, Medi-Cal’s estate recovery rules remain the same, meaning that the state is still permitted to recover from a Medi-Cal recipient’s estate after their death. However, proper estate planning in advance can help preserve a Medi-Cal recipient’s estate after their death.

If you currently receive Medi-Cal or plan to apply for these benefits in the future, you should consult an estate planning attorney to ensure your advance planning needs in relation to Medi-Cal are addressed.

Join us for three powerfully enlightening Zoom Sessions that will equip you for the challenging legal issues that businesses will face in 2022! Discover how to navigate these complex employment law changes and stay on track for a successful year. This three-part webinar series will help businesses navigate California’s challenging employment and labor laws. There is a cost of $75 which includes all three sessions all three sessions will be recorded and made available to all registered participants for future review.

Registration Link: https://us02web.zoom.us/webinar/register/WN_4ub2BtR1RdCnfYTZB6WeAA

(Copy and paste the above link into your browser if necessary)

THIS CRUCIAL WEBINAR WILL INCLUDE:

Hiring (including background checks)
Common wage and hour issues
Independent contractors
Exempt and nonexempt classifications
Meal and rest break requirements
Leaves of Absence Workplace Safety (including COVID-19)
Discrimination and Harassment

Kroloff congratulates Rebecca H. Sem on being named Shareholder at the firm.

Rebecca Sem returned to her hometown of Stockton to join Kroloff, in September 2013. She brings a wealth of knowledge & experience to our clients in Estate Planning, Probate & Trust Litigation, Probate administration and Medical Malpractice matters.

To register click the READ MORE button and the link.

Kroloff attorney, Rebecca H. Sem, specializes in probate and trust litigation and estate planning. She will be giving an informative webinar on the ins and outs of incapacity planning so that you can begin to take proactive steps to plan for the future. Incapacity can occur at any time and at any age.  Who will handle your affairs in the event that you or a loved one are deemed incapable of managing your financial or healthcare decisions? This webinar will help you prepare. https://us02web.zoom.us/webinar/register/8116200754741/WN__354g2hhSAWYYqc5fGPLiw

To watch the webinar click the READ MORE BUTTON then the link. https://youtu.be/yGcEbIOYyJ8

This webinar is presented by Kroloff Associate Attorney, Courtney S. Hayes and will feature important information for parents with minor children revealing valuable tools that parents can use to ensure their children are provided for. We’ll cover the importance of a Trust-based estate plan; Naming a guardian in your Will; Updating beneficiary designations; Setting up 529 Plans for college savings; and Using life insurance to fund your Trust. This helpful webinar will be held on Friday, May 7th at 12pm to 1pm. Join us!

Increase in California’s Homestead Exemption

On January 1, 2021, California’s homestead exemption increased by way of AB 1885, which amended Code of Civil Procedure § 704.730.

What is a homestead exemption?

The homestead exemption protects a certain amount of a home’s equity from being seized by the homeowner’s creditors to satisfy the homeowner’s debts.

The exemption primarily applies when a homeowner files for bankruptcy or experiences financial difficulty. If a creditor attempts to force a sale of the home, of if the homeowner files for bankruptcy, the homestead exemption protects a certain amount of the homeowner’s home equity from collection.

Note: the homestead exemption does not prohibit a forced sale of a home by creditors.  Instead, the exemption ensures that the homeowner receives the exemption amount out of their equity before creditors are paid from the sale proceeds.

How much did the exemption increase?

In 2020, California’s homestead exemption was $75,000 for a single homeowner, with a maximum of $175,000 for homeowners who met specific family, income, and age requirements.

As of January 1, 2021, the exemption amount increased. The amount of the increase depends on the median sales price of home sales in the county in the prior year. The increased amount will be at least $300,000, but can be no more than $600,000.  If the median sales price in the county for the prior year was $300,000 or less, the exemption will be $300,000 (even if the median sales price for the county was $220,000.)  For counties where the median sales price in the prior year was between $300,000 and $600,000, the median sales price will be the exemption amount.  If the median sales price is more than $600,000, the exemption amount will be $600,000.

For example, if the median sales price was $1,400,000 (as it was in San Francisco County in 2020), the exemption amount would be $600,000 in 2021.  If the median sales price was $435,000 (as it was in San Joaquin County in 2020), the exemption amount would be $435,000 in 2021.

What is the difference between an automatic exemption and a declared exemption?

The homestead exemption automatically applies when there is a forced sale of the home – this is called the “automatic exemption.”  It requires that the debtor have continuously lived at the home from the date that a judgment creditor’s lien attached until the date a court determines that the home is a homestead. If a creditor attempts to sell the home, the homeowner has the burden of proving to the court that the automatic homestead exemption applies.

Homeowners can alternatively declare an exemption for their home – the “declared exemption.” The declared exemption applies to both forced and voluntary sales of a home.  In order to declare an exemption, a homeowner must record a declaration of exemption with the county recorder and reside at the home on the date the declaration is recorded.  If a creditor attempts to force a sale of the home, the creditor has the burden of proving to the court that the homestead declaration is invalid. In the case of a voluntary sale, the exempt proceeds of the sale are protected from creditors if the homeowner purchases another home within six months of the sale.

Homeowners should make sure to record their declaration of exemption with the county recorder while they live in their home, and keep the recorded declaration in a safe place in case they ever need it to prove their exemption.

If you have questions about the homestead exemption or how to declare it, please contact our office, and one of our experienced attorneys will be glad to assist you.

Kroloff attorney, Courtney S. Hayes, was published in the Spring 2021 Edition of the San Joaquin County Bar Association’s publication, Across the Bar.  Ms. Hayes’ article discusses the property tax changes and consequences of Proposition 19, which passed by a slim majority of California voters in November 2020.  The article can be viewed here: https://www.sjcbar.org/news-index/prop-19-the-end-of-the-parent-child-exclusion-as-we-know-it.