There has been an uptick in litigation in California surrounding disability discrimination claims, especially given the separate causes of action for failure to provide reasonable accommodations and failure to engage in the interactive process (to determine effective reasonable accommodations). 

Proposition 65 was passed by the voters in 1986 and requires businesses to provide warnings to California consumers when they may be exposed to listed chemicals known to cause cancer, birth defects or reproductive harm. These chemicals can be found in the products that California consumers purchase, in their homes or workplaces, or that are released into the environment. Proposition 65 is overseen by the California Office of Environmental Health Hazard Assessment (“OEHHA”). As part of administering Proposition 65, California maintains a comprehensive list of these chemicals which is updated annually. Currently, there are approximately 900 chemicals identified by OEHHA.

A recent California Court of Appeal decision, Mahram v. Kroger Co., 104 Cal. App. 5th 303, 324 Cal. Rptr. 3d 575 (2024) underscores the importance of ensuring that arbitration agreements are as clear as practicable.

Although potentially customized and of a different vintage for each dealer, we looked at a copy of CDK’s Master Services Agreement (the “MSA”) to see how it addresses CDKs privacy and cybersecurity obligations and liability.

On the evening of June 18 CDK, whose dealer management system is used by some 15,000 dealerships, was hit by a cyberattack. The cybercriminals struck again the next day.

Baker Automotive Group acquired a Mitsubishi franchise in Bonita Springs, Florida in June, part of the Group’s growing footprint in The Sunshine State. The brand does well in Florida, according to Brandon Baker, president of Baker Automotive Group. Getting to Go! talked with Baker to hear more about the acquisition.

Getting to Go! surveyed Scali Rasmussen LinkedIn followers and those on our email list regarding cybersecurity concerns when acquiring a dealership. The top concern was how much exposure a dealership has to cybersecurity attacks.

Longtime litigator Halbert B. Rasmussen has seen the car dealership business change a fair bit over his more than four decades in the law.

Christian Scali has been recognized in the 18th edition of The Lawdragon 500 Leading Corporate Employment Lawyers. “This is a guide to the nation’s best advisors on workplace mobility, employee benefits and executive compensation, traditional labor matters and, of course, all matter of disputes — from wage and hour class actions, to discrimination and non-compete agreements,” states the publication. The selections were made based on Lawdragon’s rigorous selection process, combining robust submissions, journalistic research and independent vetting by peers and clients.

The California Department of Finance recently announced that, based on the calculation method set forth in the Labor Code, the California minimum wage shall increase from $16.00 to $16.50 per hour effective January 1, 2025. Employers should plan ahead to ensure that their pay plans are sufficient to cover this increased rate by the beginning of the year, including ensuring that exempt employees’ salaries are at least double the California minimum wage ($68,640 per year or $5,720 per month) and that technicians who supply their own tools are compensated at an hourly rate of twice the minimum wage ($33 per hour).