Articles, news & events

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

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Last week, the Court of Appeal ordered the publication of its employer-friendly opinion affirming the denial of class certification in an employment wage and hour case. In Cacho v. Eurostar, the two plaintiffs took the position that their former employer maintained meal and rest break policies that violated California law because they did not address an employee’s entitlement to 1) take a first meal break within the first five hours of work, 2) take a second meal break on shifts over 10 hours, or 3) take a third rest break on shifts over 10 hours. They also argued that, since an earlier version of the employee handbook erroneously stated that employees were entitled to a rest break on shifts of at least four hours – instead of on shifts of at least 3.5 hours – class certification of their rest break claim was appropriate. The Court upheld the lower court’s findings that: 1) the employer’s written meal break policies did not evidence a uniform unlawful policy that would be appropriate to decide on a classwide basis, and 2) the employer did not have a uniform practice of denying required rest breaks.

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Employers who utilize employment arbitration agreements have been preparing to issue new arbitration agreement forms effective January 1, 2020 in light of the new law (AB 51), which prohibits employers from requiring employees or prospective employees to sign agreements mandating arbitration of claims under the Fair Employment and Housing Act (“FEHA”) or the Labor Code. But employers may hold off on issuing these new AB 51-compliant agreements for now.

EVENT on February 14, 2020 to February 17, 2020

The National Automobile Dealers Association will again convene industry leaders, manufacturers, exhibitors and other key players at this annual convention to learn the latest tools, tactics and industry trends, see the hottest new automotive products and technologies, and make important connections with one another in the unique atmosphere that only NADA can provide.

EVENT on January 16, 2019

Firm partner Monica Baumann will join a panel of regional experts to share their insights on the biggest headlines and where the market is going in 2020. Conversation topics will include trade & tariffs, taxation, impact of new legislation, real estate outlook, access to capital, stock market predictions and much more.

CCPA and vendors

What you need to know

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Many automotive vendors rely on accessing automotive dealers’ customer data to provide services as varied as lead generation, vehicle tracking, and customer service. Under the CCPA, dealers may be held liable if any vendor misuses customer data or experiences a data breach. Each vendor that uses your customer data therefore has the potential to steeply increase your potential liability, particularly in light of the fact that you cannot directly control the vendor’s data use or data security practices.

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Although a year-end Company “holiday” party is a nice opportunity for employers to show their appreciation to employees for their work over the course of the year, these events are a perennial HR headache as the legal risks abound if employers are not careful. Here are some tips for planning such events that apply any time of the year.

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This year, Governor Newsom signed several bills into law that affect California employers, many of which take effect on January 1, 2020. Though most of these laws do not explicitly instruct employers to update their handbooks, some may invalidate provisions that are contained in existing employee handbooks, written policies or other documents provided to employees, such as pay plans. Here are a few things to keep in mind...

Monica Baumann published in Automotive News

Dealerships must safeguard customer data

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Automotive News turned to Scali Rasmussen attorney Monica Baumann for this article about the California Consumer Privacy Act. The most aggressive consumer-privacy law in the country, the CCPA goes into effect January 1, 2020.