Articles, news & legal alerts

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

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Section 1102.5 of the California Labor Code affords “whistleblowers” (those who report unlawful activity) protections from retaliation. Employers need to handle such reports with care, and train their managers to respond appropriately as well.

OSHA new reporting rules

Coffee Break: HR Minute

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In Coffee Break episode 8, Chris and Jennifer discuss how new OSHA reporting rules may affect the mandatory post-injury drug testing policies at many dealerships.

Timing of meal and rest breaks

Coffee Break: HR Minute

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Chris and Jennifer discuss California law regarding meal and rest breaks, meal waivers, and some common mistakes auto dealers can make.

Legal Minute: Know your rights

Scalilaw published in West Coast Dealer

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You’ll find this article by The Scali Law Firm on page 22 of the August/September 2016 issue of West Coast Dealer, a publication of the National Independent Automobile Dealers Association.

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We have sent out previous Alerts regarding the evolution of the San Diego Earned Sick Leave and Minimum Wage Ordinance. There are now further developments to report. An Implementing Ordinance, previously approved by City Council, was approved by the Mayor on August 3, 2016, and will take effect September 2, 2016.

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Consumer advocacy groups have urged the Federal Trade Commission to investigate whether Mercedes Benz’s marketing of its 2017 E­-class sedan misleads consumers by overstating the car’s autonomous capabilities. The consumer groups claim such advertising is likely to cause consumers to believe the car is self­-driving when it is not, and creates a false sense of security.

Vacation benefits

Watch out for accrual pitfalls

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It is not uncommon for employers to implement paid vacation policies in which the employee receives a lump sum of vacation time upon reaching a certain length of service or anniversary date, rather than accruing the vacation over time. For example, the employee receives zero paid vacation time in their vacation bank during their first year of employment, but at their one-year anniversary date, they are suddenly credited with one week of paid vacation. This practice is not compliant and can expose an employer to substantial liability.

Meal and rest breaks

Often forgotten timing rules

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Dealers are continually challenged in complying with California’s meal and rest break laws. And although it is commonly known that employers must provide off-duty meal breaks of at least 30 minutes for work shifts of more than 5 hours, many dealers overlook the timing requirements of these breaks.

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With the passage of SB-836, a number of important changes in Private Attorneys General Act (PAGA) requirements went into effect on July 1, 2016. Though not as expansive as originally proposed, the changes do demonstrate the Labor and Workforce Development Agency’s interest in monitoring PAGA claims and their settlements.

Heat Illness Prevention

Coffee Break: HR Minute

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In this episode, we discuss what dealers can do to protect their employees from heat illness.

Confidentiality Agreements

Coffee Break: HR Minute

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In this episode, we discuss changes to confidentiality agreements required by the Defend Trade Secrets Act of 2016.

Local wage ordinances: Los Angeles

Coffee Break: HR Minute

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In this episode, we discuss the issues to look out for in applying local wage ordinances, particularly in the Los Angeles area.

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The City of San Diego implemented its new minimum wage and sick leave ordinance effective July 11, 2016. The ordinance was passed through a ballot vote on June 7, 2016, however, the ordinance as drafted at the time of the vote, left some loose ends on how the sick leave requirements would work. Acknowledging that the sick leave provisions needed some additional refining, the City Council asked the City Attorney for guidance on an implementing ordinance that would clarify provisions of the new law. Today, the City released a first version of an implementing ordinance to address these issues and has announced that it will conduct a second reading of the implementing ordinance on July 26, 2016.

Local wage ordinances: San Diego

Coffee Break: HR Minute

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In this episode we look at the city of San Diego’s recently passed ballot initiative increasing minimum wage and providing additional sick leave benefits. We discuss the status of the initiative and likely future implementing regulations, and provide takeaways for auto dealers struggling to with adopting compliance sick leave policies.

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