AB 51 (Labor Code §432.6), which was supposed to be effective January 1, 2020, controls whether employers can require employees to waive their right to a court trial in FEHA and Labor Code cases. However, the Chamber of Commerce successfully obtained an injunction against AB 51, preventing the law from going into effect. This injunction was appealed. The Court of Appeal previously upheld the ban on mandatory arbitration but just this month, withdrew that decision and decided to rehear the case.

The California Family Rights Act (CFRA), which provides leave for employees for their own (or a family member’s) serious medical condition as well as baby bonding underwent significant changes in the last two years, making it different from FMLA leave in several ways.

Although portions of the California Consumer Privacy Act (“CCPA”) and regulations are not yet effective, California Attorney General’s (“AG”) office is not waiting to enforce. As it stands, the CCPA was modified by the California Privacy Rights Act (“CPRA”) and is not in full effect until January 2023. However, the majority of the CCPA is currently in effect and Sephora is the first one to feel it.

National legislation aimed at reducing inflation is quickly working its way through Congress and is anticipated to hit President Biden's desk for signature as soon as the beginning of next week. Newsworthy in itself, this is especially important news for automobile dealerships because when it is signed into law the Inflation Reduction Act (the "IRA") will cause immediate changes to the federal EV tax credit that will very likely impact vehicles already on your lot.

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.