A sales manager is hauled away from the dealership in handcuffs with Department of Justice officials standing by. At his arraignment he is charged with several counts of fraud and grand theft auto. The local news media is all over this story and highlights the dealership in local coverage. Customers start complaining. Employees quit. Good times. What should you do if your employee is arrested/charged, but not convicted, of a serious crime, endangering your business' reputation?

The California Supreme Court says a prevailing employer in a discrimination, harassment or retaliation case under the Fair Employment and Housing Act cannot recover mere “costs” without a finding that the employee’s claim was frivolous.

Employers have increasingly relied on arbitration agreements with employees for disputes arising out of the employment relationship, and class action waivers contained in those agreements have provided a means to avoid class or representative actions for those disputes as well. In 2014, the California Supreme Court affirmed the enforceability of class/representative action waivers in arbitration agreements generally, but carved out an exception for actions brought under California’s Private Attorneys General Act (“PAGA”). However, a number of federal courts have issued contrary rulings, and the Ninth Circuit Court of Appeal just heard arguments on this same issue in a trio of consolidated wage-related cases.

The Scali Law Firm is pleased to announce that it has partnered with the California New Car Dealers Association to draft its 2015 Advertising Manual for dealers. With its first new edition in over 8 years, the CNCDA’s Advertising Manual has been given a complete overhaul. This new edition contains easy to read rule sets, examples, best practice notes and FAQs.