As California employers struggle to keep on top of all the developments associated with COVID-19, more updated guidance has been issued by the CDC and State.

Does a case have to be confirmed to be reported? How do you know if the case is “work related?” The Occupational Safety and Health Administration (OSHA) has issued new guidance about reporting work-related cases of COVID-19.

As the Coronavirus pandemic continues to devastate the well-being, physically, mentally and economically, of our country and as outsiders continue to attack the dealer franchise system in a misguided attempt to weaken dealers' economic standing and future, Scali Rasmussen rises up to fight for the rights of the industry, and lends a helping hand to give dealers the tools to navigate and come out of the end of this pandemic healthier than ever.

The COVID-19 pandemic and the related economic shutdown and quarantine orders continue to weigh heavily on businesses across California, and auto dealerships are certainly no exception. During such trying times, it is only natural for dealers to begin thinking about creative ways to operate as efficiently as possible. One idea that dealers have considered is converting relationships with salespeople from one of employment to one more akin to an independent-contractor relationship, where commissions are paid to salespeople. Dealers considering such an idea must be mindful, however, of their continuing legal duties under such circumstances.

As we noted in our July 13, 2020 alert, Governor Newsom has taken steps to reverse some of the reopening rules across the state, focusing on indoor activities. Now local governments, in particular those in Southern California, are modifying local reopening guidance in response to the increase in COVID-19 cases across the state. We have also received word of stepped-up enforcement by local regulators. Due to these changes and increased enforcement activity, every dealer should continue to evaluate their written protocols or adopt them for the first time, if not already completed.

Governor Newsom issued a new order closing down certain indoor and outdoor activities as part of an effort to slow the growth in new COVID-19 infections across the state.

Effective July 1, 2020, several California cities will implement minimum wage increases. Generally, employees who perform at least two hours of work in a city are covered by the minimum wage provisions of that city, which would be at or above the California minimum wage rate.

As employers settle into their protocols for employee health screenings and other preventative measures to lower the risk of Coronavirus spread in the workplace, questions still remain as to what they can ask employees about their health. Government agencies continue to provide further clarification and guidance. Two agencies recently provided updates...

California has seen a recent increase in the number of diagnosed cases of COVID-19. While there are currently no indications that state or local governments plan to scale back the reopening of businesses, this spike will likely lead to increased enforcement of current prevention mandates. Every dealership in the state should therefore ask whether it is in compliance with state and local requirements, including recent modifications to those requirements.

Last month Governor Newsom’s office released the Phase 2 guidance of the California Resilience Roadmap for “lower-risk workplaces” detailing the steps businesses in specific industries must take to reopen. The guidance includes dealership opening protocols and requires that dealerships do all of following...

As California reopens amidst the COVID-19 pandemic, employers should take extra care to ensure that they are following all health and safety protocols, whether they are legally mandated or just recommended by the government. There are various organizations to look to for guidance regarding safe COVID-19 practices, but the number of guidelines out there may be overwhelming. To assist, here is a list of some agencies and guidelines with which you should be familiar, as well as where to find them.

In response to the COVID-19 pandemic, many local and national guidelines now recommend taking employees’ temperatures before allowing them to work/interact with customers and goods. But since such “medical tests” were usually off-limits, employers have many questions about how to implement them.

Today, May 7, 2020, Governor Newsom’s office released Phase 2 guidance of the California Resilience Roadmap for “lower-risk workplaces” detailing the steps businesses in specific industries must take to reopen. This guidance becomes effective May 8, the same day when designated lower-risk workplaces may open across the state with modification. The auto dealer guidance includes some specific requirements, but largely shifts to dealers the burden of assessing risk and developing plans to mitigate risk.

On May 6, 2020, the County of Los Angeles announced that car dealers will be able to resume sales on May 8 from their dealerships with appropriate social distancing procedures. The County has not released any details regarding what specific procedures car dealers will need to follow, if any, though the Los Angeles Times is reporting that retailers that are allowed to resume business on May 8 must provide curb-side pickup. It is unclear if this restriction will apply to car dealers.

Today the California DMV issued an Occupational Licensing Industry News addressing how dealers may legally offer vehicles for sale online and perform off-site delivery of the vehicles. While the guidance states it “clarifies the requirements” during the “outbreak period,” it should be read to extend beyond the present. This is the first guidance from the DMV acknowledging that new car dealers may legally offer online sales.

One of the key benefits to the Families First Coronavirus Response Act is the employer’s ability to promptly recover the amounts expended for paid leave under this Act through credits against certain payroll taxes and health plan benefits. The IRS has issued some specifics on how employers go about offsetting their tax liabilities for such expenses.

With the statewide Covid-19 order remaining in place, it is important for all businesses, in particular those with “essential” functions or otherwise allowed to remain open, to keep up to date with their compliance requirements.

This document is created from Frequently Asked Questions we receive from our clients concerning the application of the Families First Coronavirus Response Act (FFCRA) that are not addressed in our original analysis of the FFCRA. It is not the sole input we have on the FFCRA and its practical effect on you and your business. But in the interest of time and due to the onslaught of questions and triage legal advice we are providing into the wee hours of the night, we are doing our best to provide you with information on only the most commonly asked questions that aren't addressed in our other publications. It will be continually updated as more information comes in from the federal government and agencies.

The Families First Coronavirus Response Act (FFCRA), which the President signed on March 18, 2020, is emergency legislation intended to help employers maintain pay for employees who cannot work due to COVID-19 reasons.

On April 10, 2020, LA County issued a new order further clarifying its shelter in place order, making it clear that all non-essential in-store retail must cease. The order explicitly states remote sales of vehicles are not restricted by the order if the vehicles are delivered to a residence or Essential Business. This means that any car dealer currently offering in-store sales, even if limited to appointment only or for essential workers, must discontinue those sales. If the dealership wants to continue retail sales, it should conduct those sales remotely, being sure to follow state and federal regulations to avoid potential liability.

The Mayor of Los Angeles issued a further emergency order on April 7, 2020, regarding the COVID-19 pandemic directed at certain essential businesses, which more likely than not effects some, if not all vehicle service operations. Retail businesses, restaurants, and delivery businesses that are deemed essential are among the effected businesses as well. Businesses subject to the order now have additional requirements for providing masks, hand washing, and social distancing and may refuse service to customers not wearing masks. The new requirements take effect this Friday, April 10, 2020.