In the courtroom, at the conference table, and in the community, Scali Rasmussen (SR) continues its efforts to regularly keep clients and friends apprised of useful news, views and resources that can impact your business. Here are some highlights of our activities over the past year.
Reynolds and Reynolds has just introduced a revised version of their "553" retail installment sales contract. The form was last revised in 2016, and Reynolds and Reynolds’ new "8/22" version has come out in both arbitration and non-arbitration versions, LAW®553-CA-ARB8/22 and LAW®553-CA 8/22. Reynolds and Reynolds noted that the revised forms contain the following changes:
While the courts sometimes give employers good holdings that provide a solid foundation for risk management and achieving 100% compliance, most other times, navigating the ever-shifting sands of California’s employment law decisions can be more like trying to tread water in quicksand. Recent rulings are no different – some good and some bad. But keeping abreast of developments and planning a strategy to deal with the changes can help keep you from being mired in a morass. Here’s what’s new, let’s talk about compliance strategies when your arms get tired.
You own the business but not the building where it all happens. Consider your commercial lease options as a critical component of your business. In California, there is no standard lease agreement—every commercial lease is unique, and nearly every substantive paragraph, clause, provision and term can impact your business.
As of July 1, attorneys, brokers and lenders are must have revised their real property purchase and sale agreements and refinancing forms to incorporate the fair appraisal notice now required under California Civil Code Section 1102.6. By January 1, 2023, real estate appraisers must have a "cultural competency" component to their required continuing education. This is all a result of the nearly unanimously passed Fair Appraisal Act that was signed into law on September 28, 2021 in California to combat race-based inequity.
Most civil actions in the California state courts are relatively simple, both from a factual and legal standpoint. Similarly, most civil actions involve one plaintiff (or one group of plaintiffs) and one defendant (or one group of defendants). The California Legislature and each Superior Court have imposed “standard” case management policies and procedures that govern these “simple” cases. In general, these cases are intended to be resolved (by trial or settlement) within 1-2 years from the filing of the complaint. Although this period can be extended for exigent circumstances, trial courts throughout the state pressure lawyers to meet this deadline.
California voters passed Consumer Privacy Rights Act (“CPRA”) which amended the California Consumer Privacy Act of 2018 (“CCPA”) and created the California Privacy Protection Agency (“Agency”). The Agency enforces the CCPA and adopt regulations to further the purpose of the Act. As part of the process to adopt new regulations, the proposed regulations are made available to the public in order to allow a 45-day comment period.
In 2016 California enacted legislation that incrementally raises minimum wage for all employers through 2023. The statewide minimum wage effective January 1, 2022, is $14.00 per hour for small businesses (1-25 employees) and $15.00 per hour for large businesses (26+ employees). However, local cities and counties are allowed to enact minimum wage rates, and ordinances in such cities may establish higher minimum wage rates for employees working within that jurisdiction. Employers must follow the minimum wage rate that is most beneficial to the employee.
Under the California Consumer Privacy Act (“CCPA”), businesses are required to respond to verifiable consumer requests. What should you be ready to disclose, and how should you respond to these requests?