Articles, news & legal alerts

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

Published on

In the last six months, California courts have drastically limited an employer’s ability to utilize a piece-rate system to pay its employees.  Important court rulings have made it clear that each “hour worked,” as defined by the Labor Code, must be compensated and itemized if employers intend to exert any type of control, issue any directive, or place any requirement on their employees during non-piece-rate times.

Published on

On Tuesday, October 22, 2013, Judge Jed Beebe in the Santa Barbara County Superior Court denied Arturo Martinez’s motion for class certification against Santa Maria Ford for alleged DMV fee lumping violations under the Automobile Sales Finance Act (ASFA) and the Unfair Competition Law (UCL).

Chris Scali featured in NADC's Defender

Enforcing arbitration agreements

Published on

The National Association of Dealer Councel (NADC) featured the article Enforcing arbitration agreements: Unconscionability is still the battleground, but for how long?, by Christian Scali, in their June 2013 issue of Defender. In it he reviews the current state of laws governing pre-dispute arbitration agreements in California.

Published on

As those who read this blog regularly already know, courts have divided into two camps over the enforceability of contractual arbitration agreements. Both camps claim to have the same starting point: the Federal Arbitration Act (“FAA”) public policy favoring arbitration, under which parties who contractually agree to arbitrate a dispute are absolutely bound to do so unless the agreement is clearly “unconscionable;” i.e., so unreasonable that it shocks the conscience.

Retaliation claims

Is exhaustion of administrative remedies mandatory or permissive?

Published on

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

Published on

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.

Published on

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.