Articles, news & events

Read the latest news from Scali Rasmussen, including legal alerts and event listings.

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Back when service loaner vehicles were an uncommon perk, parties to a buy-sell agreement may have simply treated them as “used vehicles” without any thought as to how to calculate their value. But now that service loaners are increasingly necessary under factory margin programs, or simply to offer competitive customer service, it is worth carefully considering how to address them when a dealership is sold.

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Coverage has been breathless regarding AB 375, titled the California Consumer Privacy Act of 2018. Its history is dramatic; it went through the legislative process in only a few days in order to head off an onerous ballot initiative. The topic is similarly intense; over the last few years, data privacy and security events have dominated the news from business to politics. How will the new law affect dealerships?

Cheesecake Factory fined in the millions for something its subcontractor did

How can you prevent the same thing happening to you?

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A few weeks ago, a California Labor Commissioner investigation found Cheesecake Factory restaurants in Southern California liable for over $4 million in unpaid minimum wages, overtime, and meal and rest break violations, among other derivative wage and hour violations. However, these alleged violations were not committed against Cheesecake Factory’s own employees, nor were they committed directly by the Cheesecake Factory. The underpaid individuals were janitorial employees of a subcontractor used by the national cleaning firm contracted by Cheesecake Factory.

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The Fair Employment and Housing Council’s new regulations regarding national origin discrimination have taken effect on July 1, 2018. The regulations augment the existing Fair Employment and Housing Act regulations with clarification on numerous concepts, including the definition of “national origin” and issues related to language, height/weight characteristics, immigration status, and more.

The heat is on!

A reminder about employer obligations to combat heat illness

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With the temperatures soaring, employers should take a refresher on their obligations to employees, especially those who work outdoors. Cal-OSHA has specific heat illness regulations in place that require training, employee monitoring, provision of facilities/supplies and supervisorial action.

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The article After Janus, nonunion teachers seek to recover dues, in today's Daily Journal, discusses a proposed class of nonunion teachers who have sued unions and school districts seeking to recoup required fees they paid in past years, now that the U.S. Supreme Court has ruled those fees are unconstitutional. The Daily Journal tapped Scali Rasmussen Partner Jack Schaedel, Co-Chair of the firm's Labor & Employment Practice, to weigh in on this developing situation.

After Janus

Employers should proceed with caution

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The long-awaited decision in Janus v. AFSCME was the second within a month in which the U.S. Supreme Court ruled against unions, and both decisions will put employers in a strong position at the bargaining table. But if employers appear too eager to exploit the moment, they risk facing a backlash.

EVENT on October 24, 2018 to October 27, 2018

Scali Rasmussen is sponsoring the Western Automotive Trade Association Executives Conference in Maui, immediately following this years CNCDA Convention.