There are ongoing indications that the Department of Labor under the Trump administration will continue to roll back Obama-era initiatives. The latest pertains to the controversial Union Persuader rule that we reported on last year. That new rule would have required employers to disclose information regarding their retention of consultants and attorneys to persuade employees to not unionize. The proposed Union Persuader rule never took effect and its enforcement was delayed while it was challenged in the courts and enjoined nationwide late last year. Now, the Department of Labor has published a Notice of Proposed Rulemaking that proposes to rescind this rule. The Department of Labor also withdrew the informal guidance it previously issued in 2015 and 2016 on independent contractors and joint employment.
In the course of assisting employers with compliance-related matters, we frequently encounter issues of concern where employers require or expect employees to use their personal mobile devices for work-related matters. In the customer service-intensive environment of a car dealership, employees are expected to be readily available to customers, and it is the norm for salespersons and service advisors to provide customers with their personal cell phone numbers for ready access. However, where the employee is required or expected to use his/her personal device to perform work duties, the employer is obligated under California law to reimburse the employee for any costs associated with such use.
As we reported previously in Coffee Break, employers have a new notification obligation regarding the rights of employees who are domestic violence victims, and now the contents of the required notice has been made available.
The Fair Employment and Housing Commission has issued new regulations for California employers regarding criminal history inquiries that took effect July 1, 2017. These regulations have many similarities with prior guidance issued by the federal Equal Employment Opportunity Commission on the same subject. The new rules do not prohibit employers from considering criminal information altogether but mandate a process for employers to follow in using such information in an employment decision.
Seasoned defense trial attorney, Bruce Nye, tapped to lead the Oakland office of California’s top automotive law firm
Published on Fri, 06/30/2017 - 10:00am
To add to its Northern California presence and further deepen its trial bench, The Scali Law Firm today announced that it has added Bruce Nye as Attorney Of Counsel. Nye has tried over fifty jury and bench cases, including the landmark Proposition 65 case, Baxter Healthcare Corporation v. Denton (2004) 120 Cal.App.4th 333.
The Scali Law Firm partners with Southland Motor Car Dealers Association
Published on Wed, 06/21/2017 - 11:44pm
Starting this month, auto dealers struggling to stay on top of a shifting and increasingly complex quagmire of regulations and rulings can get help and guidance from the RACER consulting firm. RACER (Retail Automotive Compliance & Ethics Resource) is not an outside auditor. For a flat monthly fee, it trains management on how to implement and manage compliance policies and procedures in the areas of human resources, F&I, OSHA, sales and BAR.
One of the key issues in any sale of dealership assets is whether a bulk sale notice is required under California law prior to the closing of the transaction. It is important to understand when a bulk sale notice is required because the failure to give the notice when required can result in potentially serious adverse consequences for both the buyer and the seller.
Tips for drafting enforceable arbitration agreements with California employees
Published on Wed, 06/21/2017 - 11:44pm
In 2000, the California Supreme Court set forth the standards of unconscionability applicable to invalidate mandatory arbitration agreements in the employment context in Armendariz v. Foundation Health Psychcare Services, Inc. In the past years, litigation of arbitration provisions has boomed. In 2011, the United States Supreme Court decided AT&T Mobility LLC v. Concepcion, finding that the Federal Arbitration Act preempted California’s Discover Bank case rule prohibiting class action waivers in arbitration agreements. However, the enforceability of class action waivers has since been challenged on several occasions.
What is Administrative Wage Garnishment? Who can order one? How do you comply with it? And what happens if you don't? We look at this debt collection process that allows a federal agency to order an employer to withhold up to 15 percent of an employee's disposable income to pay a nontax delinquent debt owed to the agency, without a court judgment or order.
Using a staffing agency for certain job categories at an auto dealer, i.e., porters and janitors, may be a convenient and efficient way to meet staffing needs and screen potential future employees without the administrative burdens of hiring and payroll. But using a staffing agency does not create a free pass for the dealership. Existing law allocates substantial employment practices compliance burdens equally to staffing agencies and their clients, especially where a “joint employer” relationship exists. Here are some issues to remain mindful of...