The California Attorney General adopted new regulations in March that may require changes to how businesses are communicating to consumers about their rights under the CCPA. These regulations are aimed at practices that the Attorney General’s office views as unfair to consumer and has pursued in enforcement letters to companies to date. Every company doing business in California that must comply with the CCPA should review its communication to customers about the CCPA.

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.

With the Biden administration moving forward with naming its leaders of important enforcement agencies such as the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC), dealers should expect to see an increase in enforcement actions targeting F&I departments. Dealer lending participation and voluntary protection products are likely to receive scrutiny from the CFPB, while the FTC is likely to continue pushing forward sweeping proposed amendments to its Safeguards Rule that governs data security regulations.

Certain employers now have a new reporting requirement in California and the deadline is the end of this month. A new law passed in 2020, SB 973 (codified as Government Code section 12999), requires that certain private employers report pay and hours-worked data by establishment, job category, sex, race and ethnicity to the Department of Fair Employment and Housing (DFEH) by March 31, 2021. This is an annual requirement meant to encourage employers to review, consider, and correct their pay disparities. This law also authorizes the DFEH to enforce the Equal Pay Act (Labor Code section 1197.5) which prohibits unjustified differences in pay between races, genders, etc.

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.

The passage by the voters in November 2020 of the California Privacy Rights Act (CPRA) by initiative is a significant development for all businesses with activity in California. It expands upon the California Consumer Privacy Act (CCPA), creating additional rights for consumers and obligations for businesses. It also creates the first state agency in the state dedicated to privacy, the California Privacy Protection Agency (Agency).

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.

The courts, over the past few years, have substantially refined the concept of unconscionability as it relates to employer-employee arbitration agreements. That’s great for employers presenting new employees with arbitration agreements, because both parties can feel more confident of the agreements’ legality. But it has created problems for employers with longer-term employees, whose arbitration agreements include provisions that the courts have now determined to be unconscionable—in some cases invalidating the agreement altogether. What is an employer in this situation to do?

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.

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.

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.

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.

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.

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.

Data Privacy Day is January 28, 2021 and is an international effort to empower people to protect their personal data and privacy, particularly online. According to Cybint, a global cyber security educator, 95 percent of cybersecurity breaches are caused by human error. The practices that help protect individuals’ security online will also help protect businesses, so on this day let’s review the most powerful and simple steps everyone can take to secure their own data and that of their customers who entrust them with it.

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.

Scali Rasmussen Founder and Managing Shareholder Christian Scali has been elected to the Board of Governors of the Italian American Lawyers Association (IALA). The IALA, a Los Angeles-based bar association, was founded in 1977 as an organization of Italian American lawyers through a generous donation from Frank Sinatra. They are known for outstanding speakers, authentic Italian meals, and an energy that is unique to the IALA.

Wards Auto looked to Scali Rasmussen shareholder Monica Baumann for the latest information on COVID-19 compliance. Her article, How California dealers can meet COVID-19 compliance in 2021, is featured in the Dealers section of their website.

Scali Rasmussen PC announces today it has bolstered its litigation capabilities with two additions: Colleen O’Brien, a veteran trial lawyer and former military prosecutor, and Barbara R. Adams, a civil litigator and trial attorney. O’Brien and Adams each join the litigation and trial powerhouse firm as Principal: O’Brien in the Los Angeles office and Adams in Oakland. The firm’s growing bench of trial attorneys includes recognized courtroom advocates who have litigated and tried multimillion, “bet the company” lawsuits.

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.