Articles, news & legal alerts

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

Heat illness prevention

What are you required to do for employees when the temperatures rise?

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Summer is here! When we think of summer, we usually focus on fun activities in the heat and sun, but this warm weather can be dangerous for those dealership employees who perform their jobs outdoors or in non-air conditioned areas. As such, it is important for dealerships to be mindful of the Cal-OSHA rules related to outdoor places of employment, which were updated a little over a year ago.

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Joshua Brown was a Navy SEAL and Tesla enthusiast who praised his Tesla’s Autopilot feature for avoiding a car accident in April. Ironically, when that same system failed to protect Brown’s life a month later, Brown became an unfortunate statistic: the first American to be killed in a car with AV technology—whose proponents promise a future of safer vehicles and roadways.

Los Angeles mandates 48 hours paid sick leave

Double the California state minimum

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On June 2, 2016, a new paid sick leave ordinance was just signed into law for the City of Los Angeles. This ordinance goes into effect July 1, 2016, and like the City’s new minimum wage ordinance, it covers all employees who perform at least two hours of work within the geographic boundaries of the City of Los Angeles within a particular week.

U.S. Supreme Court vacates Ninth Circuit decision in Encino Motorcars LLC v. Navarro

Provides guidance on regulation interpretation—California dealers with California-compliant service advisor pay plans remain unaffected

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Yesterday, the U.S. Supreme Court (SCOTUS) vacated the Ninth Circuit’s decision in Encino Motorcars LLC v. Navarro. California auto dealers are likely to hear a lot about this decision today and this week as other law firms report on it. But we want to let you know that if you are a California auto dealership and you have service advisor pay plans that are compliant with California Wage Order No. 7 (like the pay plans we draft and recommend to our California auto dealer clients) and have compliant pay practices (like the pay practices we recommend to our California auto dealers), Navarro does not have (and never had) any impact on you.

Labor Union Activity

DOL Persuader Rule and interpreting the July 1 deadline

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We’ve received reports that some law firms are reaching out to auto dealers to sign them up for representation due to a July 1, 2016 deadline under the United State’s Department of Labor’s (DOL) March 24 “Persuader Rule.” This will help you interpret what this is all about.

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Federal, State, County and City minimum wages can vary, but employers will be safe if they remember to comply with the highest applicable minimum wage in their location. For auto dealers located in the City of Los Angeles (this includes areas like East and South Los Angeles, Greater Hollywood, and Van Nuys), the minimum wage rises to $10.50 per hour on July 1, 2016. This is a good time to update your pay plans if necessary, and ensure that payroll is aware of the upcoming change.

Get ready to say goodbye to waiver of consumer class actions

A return to the dark ages; compliance is critical

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Dealers should get ready for the return of the days of consumer class actions seeking rescission of four years worth of deal files. A drastic change in the law may revive these killer class actions in mid-2017. Here, at the Scali Law Firm, we've been advocating corporate compliance and ethics programs due, in part, to this impending change, so that dealers can limit their liability before the change goes into effect.

Accommodation once removed

A court’s expanded approach to an employer’s duty to accommodate a disabiity

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There's loads of instructional case authority interpreting employer obligations to reasonably accommodate disabilities under the Fair Employment and Housing Act ("FEHA") and the federal Americans with Disabilities Act ("ADA"). But there's little pertaining to associational disability discrimination (yeah, it's a thing—discrimination against a person based on that person's association or relationship with someone who has a disability). Until now.