Automotive News looks to Scali Rasmussen for comment
Published on Wed, 07/10/2019 - 10:59pm
Automotive News consulted firm partner Melanie Cliff for this article about the California Consumer Privacy Act, going into effect January 1, 2020. The law will give California consumers greater ownership of their personal information, including the right to be forgotten by a business and its affiliates. This puts the onus on businesses to track every piece of personal data they collect.
California employers and dealerships are regularly getting hit with class action wage and hour claims, or lawsuits under the Private Attorneys General Act (PAGA), which presently allows a single employee to bring claims for all others who suffered any violation of numerous labor statutes. One common issue in these cases is meal breaks.
California’s Equal Pay Act is codified at Labor Code Sections 1197.5, 1199, and 1199.5 and extends to wage discrimination based on sex, race, and ethnicity. Labor Code Section 1197.5(a) prohibits employers from paying employees at wage rates less than the rates paid to employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where an employer demonstrates three things…
It’s Friday morning, and an employee comes to you. One of the supervisors in another department has been annoying her with his “racist speech.” You ask what she means, and she tells you that he constantly criticizes people who don’t speak English, insults the migrants who are applying for asylum at the border, and sometimes rages and throws things when he’s unhappy. She also reports that he has threatened to “shove [his] foot up [her] ass.” Mindful of your obligation to provide a workplace free of harassment and a safe workplace, you thank the employee for her report and start your investigation. Other employees report that the supervisor is a Trump supporter and has made statements in support of Second Amendment rights, shared radical websites with employees, criticized gay people, and advocated returning all Mexicans to Mexico. They report that they have asked him not to share his political views, but nevertheless, he has persisted. Others confirm that he has thrown objects and verbally attacked employees. What do you do?
What employers need to know about paid time off benefits for employees who are receiving state disability or paid family leave benefits
Published on Tue, 07/09/2019 - 9:57pm
When an employee goes out on medical or parental leave that is covered by either State Disability Insurance (SDI) or Paid Family Leave (PFL) benefits through the State, how are these benefits affected by employer- paid sick leave, vacation or other PTO benefits? This can be a tricky area because employees are only eligible for SDI or PFL benefits to the extent that they lose income due to the covered leave. Therefore, the employee’s receipt of paid time off benefits from the employer during the leave could reduce the employee’s eligibility for SDI/PFL benefits. Moreover, concurrent payment of SDI/PFL benefits plus paid time off through the employer could result in overpayment where the employee receives more than 100% of their normal wages. The Employment Development Department (EDD), which administers SDI and PFL benefits, places the responsibility on the employer and employee to ensure that during the leave the employee is not receiving total wages/benefits that exceed the employee’s normal wages. However, EDD can assist with compliance by offering the option of integration/coordination of SDI and PFL benefits.
Jack Schaedel returns to speak at this distinguished event
Scali Rasmussen partner Jack Schaedel has again been tapped to speak at the upcoming employment law seminar hosted by California Lawyer, the premier legal source for news and events in Southern California. The 2019 Employment Law Forum will cover the most important substantive and procedural issues currently confronting employment lawyers. The informative, cutting edge and comprehensive employment law content is valuable for corporate counsel, employment lawyers and those involved in the human resource process.
Join ADOMA for this empowering three-day education filled conference. Our exciting line up of sessions were designed to energize your performance and help you run your dealership in a more impactful and cost-effective manner!