California passed a law in March of 2021 that allowed employees to take up to an additional 80 hours of supplemental COVID paid sick leave, if they met certain requirements. This law expires on September 30, 2021, and the Legislature did not pass any new legislation extending by the deadline for the Regular Session. This means that except in specific circumstances discussed below, employers will not be required to provide their employees with supplemental COVID paid sick leave starting October 1, 2021.

On September 10, 2021, the last day of the 2021 legislative session, the California State Assembly unanimously passed Senate Bill 41, titled the Genetic Information Privacy Act. The bill will go before Governor Gavin Newsom and must receive his approval over the next 30 days to become law.

On September 9, 2021, President Biden announced that he was directing the Department of Labor’s Occupational Safety and Health Administration (OSHA) to adopt Emergency Temporary Standards requiring many employers to mandate that their employees are vaccinated for COVID or tested weekly for COVID. The mandate will apply to employers with 100 or more employees and is expected to apply to nearly 80 million workers.

Scali Rasmussen announced today that attorneys Colleen O'Brien and Monica Baumann have been selected as a nominees by L.A. Times B2B Publishing for its inaugural 'Inspirational Women Awards.'

Scali Rasmussen Founder and Managing Shareholder Christian Scali has been recognized as a 'Visionary' in Business of Law: Trends, Updates & Visionaries, a special feature published this week by L.A. Times B2B Publishing. Attorneys were recognized as visionaries "for their contributions and leadership within their organizations, the legal field, and the community at large," the feature says.

Passwords are ubiquitous. We use them to access everything from our bank accounts and sensitive business documents, to our social media and online memberships. The most secure passwords are a series of random numbers, letters, and characters. Using these types of passwords can present practical challenges, though, because they are easily forgotten and difficult to enter correctly. Further, because passwords are such a common part of our lives, we can too easily fall into bad habits that put business or personal information at risk.

If you’ve ever felt uneasy about providing so much personal information to your phone apps, a $58 million settlement by Plaid Inc. this month makes clear those concerns are well founded.

California law provides parties with the opportunity to make a settlement offer without fear of incurring additional fees and costs if the case goes to trial and a less favorable judgment is awarded. That opportunity is found in Code of Civil Procedure section 998. While 998 offers are common in litigation, different issues periodically arise that require judicial review. Two recent appellate decisions provide insight into how to ensure the court will uphold your 998 offer, while also reminding us that 998 offers have very specific requirements to be valid.

The last ten years have seen a steep upward trend in the number of lemon lawsuits filed in California. In Los Angeles County alone, the number of lemon lawsuits doubled between 2015 and 2019 and are currently estimated to compromise 10% of the Los Angeles County Superior Court’s civil litigation docket. These numbers are particularly troubling when you consider that over the same period, the reliability of new cars increased substantially. According to Consumer Reports, between 2013 and 2018 new cars saw a 2% decrease in both major and minor engine problems and similar decreases for problems with transmissions, fuel systems, climate systems, suspension and brakes. One notable exception to this downward trend in reported problems with new car systems is in-car electronics, for which problem issues have remained largely flat. When taking into consideration the rapid deployment of new technology for in-car electronics over the same time period, even the outlier flat trend line for problems with in-car electronics issues is demonstrative of an across the board increase in car manufacturing standards and reliability.

In today’s unique market, many dealers are considering their buy-sell options. Getting a sense of the value of the business is the typical starting point. Brokers and investment bankers who focus on dealership transactions are quick to point to rules of thumb, especially the earnings multiplied by a multiple, where the multiple is based entirely on the franchise represented by the dealer. But this approach alone does not account for the wide variety of variables that are involved, nor does it deal with dealership real estate. While the earnings-times-multiple approach provides a quick gauge of value, both sides of this mathematical equation deserve some further attention.

The California Consumer Privacy Act (CCPA) is in a state of flux, with a new Attorney General enforcing its provisions and a new agency created by proposition, the California Privacy Protection Agency (CPPA) setting up to take over and implement substantive changes also passed by proposition. With these circumstances, observers may see 2020, the first year of CCPA enforcement as relatively unimportant. However, the new California Attorney General, Rob Bonta, held a press conference in July to tout the effectiveness of the law and unveil a reporting tool for consumers. This article looks at some of his more important comments and predicts what this could mean for the future of consumer privacy in California.

In an unsurprising decision that is yet another blow to employers, the California Supreme Court clarified in Ferra v. Loews Hollywood Hotel LLC that one-hour premiums for missed or noncompliant meal and rest breaks must be paid at the same regular rate used to calculate overtime. In so deciding, it overturned the Court of Appeal’s decision that had previously held that such premiums could be paid at the employee’s base hourly wage, even if the employee also received additional compensation in the form of bonuses, commissions, or piece rate earnings.

“Specific Performance” is a powerful legal remedy afforded to parties to certain contracts where there has been a failure of performance on one side. In California, the remedy is established by statute in the California Civil Code at Sections 3384 to 3395. Most commonly, a court action for specific performance is used to compel performance of either the buyer or the seller of real property, enforcing the specific terms of the real estate purchase agreement. This remedy is often pursued regardless of whether other monetary remedies may be available to the party not in breach.

Acrylamide is a chemical that results, inter alia, when foods are browned in cooking, such as when foods are baked, fried, or roasted. The State of California has determined that consuming acrylamide increases the risk of cancer. That finding has resulted in the Office of Environmental Health Hazard Assessment (OEHHA) requiring warnings, pursuant to Proposition 65, of that hazard (although the amounts that trigger the warnings are somewhat in flux).

The Biden administration is eager to see a bill passed that deters the payout of ransoms to cybercriminals, and while the ultimate goal is to disincentivize these attacks, it could have serious implications for companies likely to be targeted.

It’s been a busy 2021 and the momentum is only picking up as we enter the second half of the year. In our continued efforts to regularly keep our clients and friends apprised of useful news, information and resources that can impact your business, we have assembled this list highlighting some of our activities over the past 12 months.

It is fashionable of late to decry the franchise automotive retail system as inefficient, costly to consumers, and unable to innovate. These complaints are partially inspired by the rise of new brands such as Tesla that do not rely on independent, franchised dealers to sell their vehicles and, therefore, run into conflict with franchise laws in many states. In the authors’ view, what the critics miss is that the franchise system and franchise law are a result of a long history of conflict between manufacturers and dealers that governments mediate for the benefit of consumers and local economies.

A recent California Supreme Court case (Ferra v. Loews Hollywood Hotel, LLC) held that employees must be paid meal and rest break premiums for any missed or non-compliant breaks at a rate of pay including all non-discretionary payments for the work performed.

The Los Angeles Times is reporting that Los Angeles County will issue a new health order that will mandate that everyone, regardless of vaccination status, wear masks when in public indoor spaces starting at 12:01 AM on Sunday, July 18. Currently, only individuals who are not fully vaccinated are required to wear masks in public indoor spaces. This new mandate follows on the heels of recommendations from the County that everyone wear masks indoors in response to the increase in spread of COVID-19 due to the prevalence of the Delta Variant. County health officials said that this mandate will likely be in place until there is a decrease in transmission County wide.

Recent announcements from Apple and Google are forcing companies that advertise using third-party cookies to reconsider their plans. This year Apple banned the use of unauthorized third-party cookies on Safari, its internet browser. Google announced this year that it will follow suit, banning these cookies from its web browser Chrome, by 2022.