Articles, news & legal alerts

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

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On March 19, 2021, Governor Gavin Newsom signed into law an extension of paid COVID-19 sick leave. This type of leave is in addition to other types of sick leave generally provided by employers. While the law passed in March, it is retroactive back to January 1, 2021 as of March 29, 2021. We have provided the following Frequently Asked Questions and answers.

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On February 27, 2021 and March 6, 2021 the House and Senate, respectively, passed versions of the American Rescue Plan Act of 2021, both of which extend the Families First Coronavirus Relief Act’s (FFCRA) tax credit for paid leave related to COVID-19. While the FFCRA mandatory leave provision expired December 31, 2020, Congress previously extended the employer tax credits for voluntarily providing such leave to March 31, 2021. There are differences between the House and Senate versions of the American Rescue Plan Act that must be reconciled, but if the extension survives that process it will mean qualified employers may take a credit for paid leave under the same terms as in the FFCRA.

“Exposed” to COVID

When do you need to take action?

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By now employers are familiar with what to do if an employee reports that they are experiencing symptoms of COVID-19, or have tested positive for the disease. However, do employers need to take action even if the employee has merely been “exposed” to COVID-19? The answer is yes, and this article covers what qualifies as an “exposure” and what you must do.

Employment cases affecting businesses

2020 — looking back and moving forward, Part 6

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Throughout the COVID-19 crisis, California courts have continued to issue important decisions affecting the rights and duties of all businesses in California. Below are summaries of some of the most important cases that are likely to affect how businesses should operate throughout the state.

2020 cases affecting dealerships in 2021

2020 — looking back and moving forward, Part 5

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Despite the COVID-19 crisis, California courts continued to issue important decisions that affect dealerships in California. Below is a summary of some of the most important cases that are likely to have precedential value in the future.

What businesses need to know for COVID-19 compliance in 2021

2020 — looking back and moving forward, Part 4

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The federal government, State of California and local jurisdictions have all adopted and modified laws relating to COVID-19 in the last several months to respond to the spike in COVID-19 cases. This article reviews these recent laws to provide dealers in California with a complete picture of how to comply with COVID-19 in 2021.

Employment laws affecting businesses

2020 — looking back and moving forward, Part 3

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2020 was a relatively quiet year for California employment law. However, the legislature adopted important changes to California independent contractor law and expanded the reach of the various leave laws. All businesses should evaluate their employee policies and make appropriate changes.

Laws and propositions affecting all businesses

2020 — looking back and moving forward, Part 2

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Due to the pandemic, the California legislature paired down the laws it adopted in 2020. It nonetheless adopted key laws that may have a wide ranging effect on businesses in California. In addition, 2020 was an election year, and the voters of California chose to expand the reach of the California Consumer Privacy Act.

Laws and regulations affecting dealerships

2020 — looking back and moving forward, Part 1

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Due to the pandemic, the California legislature paired down the laws it adopted in 2020. Nonetheless, all dealers should be aware of the following changes to laws and regulations, and adopt appropriate changes as necessary.

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The Governor’s Office announced this morning that the Regional Stay At Home orders are now lifted in all regions across the state. This means that retailers should return to operating under the Governor’s Blueprint for a Safer economy that currently allows up to 25 percent capacity in stores in most counties.

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The federal government, State of California and local jurisdictions have all adopted and modified laws relating to COVID-19 in the last several months to respond to the spike in COVID-19 cases. This article reviews these recent laws to provide dealers in California with a complete picture of how to comply with COVID-19 in 2021.

Congress passes spending bill

Highlights of how it may affect your business

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Congress passed a new spending bill, the Consolidated Appropriations Act of 2021 (“Spending Bill”) this week that includes multiple provisions to address the ongoing economic impact of the COVID-19 crisis. President Trump is expected to sign the bill. This update summarizes changes applicable to our clients and suggests best practices going forward in 2021.

Brace for fast-paced changes due to COVID

Read here for today's update

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As COVID-19 cases continue to spike across the state, the regulatory landscape is once again changing as local and state authorities try to stem the tide. Look here for information about new requirements that may apply to your dealership.

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Los Angeles County issued a temporary stay at home order on November 27, 2020 that will be effective Monday, November 30 and last through December 20. The order further limits business in the county and prohibits all gatherings of individuals from different households.

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Governor Newsom signed two new laws at the end of the legislative session this year that modify the California Consumer Privacy Act (CCPA). Most crucially for the majority of businesses in California, one of the laws extends the temporary employee and business-to-business (“B2B”) exemptions from the definition of “Consumer” in the CCPA. The second changes how businesses must treat health privacy.

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The U.S. Department of Labor (DOL) issued clarifications for provisions in the Families First Coronavirus Response Act (FFCRA) regulations pertaining to paid leave. They've also released new FAQs clarifying provisions in the FFCRA related to childcare issues. Meanwhile in California, Governor Newsom has signed legislation that expands Coronavirus paid sick leave coverage to employers who have not been covered under the FFCRA, and that intensifies notification requirements in response to a potential employee exposure to the COVID-19 virus. In one way or another, these changes affect almost every California employer.

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In anticipation of return to school issues that are bound to arise with so many schools currently implementing distance learning, on August 27, 2020, the Department of Labor (“DOL”) released new FAQs clarifying provisions in the Families First Coronavirus Response Act (FFCRA) related to childcare issues. The FFCRA provides that employees may receive paid leave if they need to miss work in order to care for a child whose school or place of care is closed, or childcare provider is unavailable, for Coronavirus reasons. The clarifications provided by these new FAQs are as follows...

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Title 1 of the CARES Act is referred to as the “Keeping American Workers Paid and Employed Act.” The “Keeping American Workers Paid and Employed Act” establishes an SBA Loan program called the “Paycheck Protection Program” (PPP) and process for forgiveness of the loan if certain compensation and employment metrics are met. It also expands access to Economic Injury Disaster Loans (EIDL) and provides a subsidy to help businesses repay SBA loans (with the exception of the PPP loans). Below are many of the frequently asked questions about the Paycheck Protection Program portions of the CARES Act...

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