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

Retaliation claims

Is exhaustion of administrative remedies mandatory or permissive?

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Offered the granting of a wish, many employers—especially those who are about to fire someone—might wish that their employees could not easily sue them. In MacDonald v. State of California (2013 WL 5422792), the California Court of Appeal last week went some way toward making that wish come true.


Drivers file misclassification class action, seek unpaid tips and aggressively attack class action waiver in arbitration agreement

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Uber is no longer just a German superlative; it is now also a high-end car service. Founded in San Francisco in 2009 as a small start-up, the company has already expanded to twenty-two metropolitan areas across the country, and twenty cities in Canada, the Middle East, Africa, Asia, and Europe.

Non-compete litigation on the rise

Dampening entrepreneurship? Not in California.

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There was a great article in the Wall Street Journal recently stating that non-compete litigation in this country has risen by over 60% in the last decade as more employees leave their employers to open their own businesses. And that's just court decisions.

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On Monday, upholding the Federal Arbitration Act’s (FAA) strong deference to arbitral decisions, the United States Supreme Court unanimously held, in Oxford Health Plans, LLC v. Sutter, that where an arbitrator interprets an arbitration agreement to include class arbitration, even if that interpretation is incorrect, it will be upheld.

July 1 is just around the corner

Are you ready for the new FMCSA Hours of Service regulations?

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The Federal Motor Carrier Safety Administration (FMCSA) has been clear that it will not delay the July 1, 2013 start date of the Hours of Service (HOS) regulations announced in December 2011. Here's a quick status of attacks to these new HOS rules and a summary of the changes, so you can be prepared.

Commercial Real Estate Leases

What dealers need to know about use provisions

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What happens if your franchisor terminates your franchise or business is so lousy that you can't make a go of it, but you still have two, three or as many as ten more years to go on your commercial real estate lease? Well, that depends.

Enforcing arbitration agreements

In California, unconscionability is still the battleground, but for how long?

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Dealers are under assault by consumers and employees who, in a still-recovering economy, too often use the court system as a bonanza to address their own economic troubles, unrelated to anything the dealer did or failed to do.