Employee leaves of absence are an unavoidable, albeit inconvenient, reality for most employers. From a policy and compliance standpoint, we place most of our focus (and rightfully so) on legally protected leaves, such as pregnancy/medical leaves or the other numerous leaves that California law mandates. As such, employers may not feel the need to follow any particular process in administering non-protected leaves of absence. Although the manner in which an employer administers this type of leave may not be as legally risky as a protected leave, improper administration of the leave can nevertheless result in frustration for the employer and lack of accountability by the employee. Here are some tips for successfully handling discretionary leaves that can minimize the risk of potential pitfalls.

If you are an auto dealer, you are likely familiar with Section 1632 of the California Civil Code. It’s the law that requires businesspeople who negotiate a contract with a consumer primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean to provide a translation of the contract before the consumer signs it. To comply with this law, dealers routinely have customers sign a Translated Contract Acknowledgement form. But is that enough? What does it mean to negotiate “primarily” in one of the listed languages? And what if you discover that the customer happens to be totally fluent in English? Are you still on the hook? A few court decisions provide some guidance on these questions.

Nearly every company with products sold in California—whether automobiles, appliances, tools, supplements, etc.—has discovered California’s Proposition 65 even when there is no evidence whatsoever of a risk. And now a federal court has ruled that the State cannot mandate the warning for non-disease causing chemicals without violating the First Amendment. The decision could have impacts far beyond the sandy beaches of California.

With a new name and new partners, the first quarter of 2018 brought some of the biggest and most exciting staffing news since the firm’s formation.

Dealers should keep in mind that the terms of a Forbearance Agreement are not etched in stone but are negotiable, so care should be taken not to accept and sign the flooring lender’s first draft of a Forbearance Agreement, but instead to closely examine it and propose reasonable revisions. With that process in mind, here are examples of key terms typically found in a Forbearance Agreement, and the negotiating points a dealer should be aware of to ensure that negotiations will hopefully yield a fair and acceptable Forbearance Agreement...

Scali Rasmussen attorneys, Bert Rasmussen, Christian Scali and Melanie Cliff are published in the LABJ 2018 Automotive Review, with their article, Connected Car Growth Means Growth of Legal Concerns, focused on changes to the retail automotive sales industry.

Scali Rasmussen attorneys descended on Las Vegas to attend the 2018 NADA Conference where they also entertained their clients and friends of the firm at the Mandarin Hotel on Friday, March 23.

Congress passed the Military Lending Act (MLA) in 2006 to provide specific protections to active duty service members and their dependents from perceived predatory lending. The Department of Defense (DOD) interprets the rule, and on December 14, 2017, published new interpretive guidance of the MLA that affects car dealers.

Now that the new Used Motor Vehicle Trade Regulation Rule that made significant changes to the Buyer’s Guide is in effect, you may have questions about how to implement the changes. This Coffee Break addresses common questions and pitfalls in how to use and display the new Buyer’s Guide.

In our 2018 New Laws publication, we reported on the new Immigrant Worker Protection Act (Labor Code Section 90.2) that went into effect on January 1, 2018. This new Act in part requires employers to post a written notice to employees of an upcoming inspection by immigration enforcement authorities of I-9 Employment Eligibility Verification forms or other employment records, within 72 hours of receiving notice of the inspection. The posted notice must contain the following information...