You own the business but not the building where it all happens. Consider your commercial lease options as a critical component of your business. In California, there is no standard lease agreement—every commercial lease is unique, and nearly every substantive paragraph, clause, provision and term can impact your business.
As of July 1, attorneys, brokers and lenders are must have revised their real property purchase and sale agreements and refinancing forms to incorporate the fair appraisal notice now required under California Civil Code Section 1102.6. By January 1, 2023, real estate appraisers must have a "cultural competency" component to their required continuing education. This is all a result of the nearly unanimously passed Fair Appraisal Act that was signed into law on September 28, 2021 in California to combat race-based inequity.
Most civil actions in the California state courts are relatively simple, both from a factual and legal standpoint. Similarly, most civil actions involve one plaintiff (or one group of plaintiffs) and one defendant (or one group of defendants). The California Legislature and each Superior Court have imposed “standard” case management policies and procedures that govern these “simple” cases. In general, these cases are intended to be resolved (by trial or settlement) within 1-2 years from the filing of the complaint. Although this period can be extended for exigent circumstances, trial courts throughout the state pressure lawyers to meet this deadline.
California voters passed Consumer Privacy Rights Act (“CPRA”) which amended the California Consumer Privacy Act of 2018 (“CCPA”) and created the California Privacy Protection Agency (“Agency”). The Agency enforces the CCPA and adopt regulations to further the purpose of the Act. As part of the process to adopt new regulations, the proposed regulations are made available to the public in order to allow a 45-day comment period.
In 2016 California enacted legislation that incrementally raises minimum wage for all employers through 2023. The statewide minimum wage effective January 1, 2022, is $14.00 per hour for small businesses (1-25 employees) and $15.00 per hour for large businesses (26+ employees). However, local cities and counties are allowed to enact minimum wage rates, and ordinances in such cities may establish higher minimum wage rates for employees working within that jurisdiction. Employers must follow the minimum wage rate that is most beneficial to the employee.
Under the California Consumer Privacy Act (“CCPA”), businesses are required to respond to verifiable consumer requests. What should you be ready to disclose, and how should you respond to these requests?
Summer is here, and the warmer weather requires employers to monitor potential heat-related illnesses among their employees. Even if your employees are not out working in the sun all day, whenever they are working outside or exposed to hot temperatures—for instance in a service shop or on a sales lot—they could fall prey to heat-related illness. California has regulations that govern heat exposure, and a temperature of 80°F triggers the requirements for California’s Heat Illness Prevention Standard.
Scali Rasmussen announced today that Founder and Managing Shareholder Christian Scali and Shareholder Halbert Rasmussen are recognized as 'Legal Visionaries' in the Los Angeles Times' second annual Business of Law magazine. The special supplement spotlights professionals who have exhibited noteworthy achievements over the last two years, including client successes, leadership positions within their firm and community at large, board affiliations and recognitions.
On May 23, 2022, in Naranjo v. Spectrum Security Services, Inc.,the California Supreme Court settled an open question concerning the nature of the meal break premium employers owe to employees when they miss a meal break. It held that they are wages, must be disclosed on the wage statement and must be accurately paid out on the final check. Furthermore, in the event they are not accurately paid, the employer can be liable for waiting time penalties. Finally, the California Supreme Court clarified the rate of pre-judgment interest that applies (7%) to failure to comply with these requirements.