Articles, news & legal alerts

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

After Janus

Employers should proceed with caution

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The long-awaited decision in Janus v. AFSCME was the second within a month in which the U.S. Supreme Court ruled against unions, and both decisions will put employers in a strong position at the bargaining table. But if employers appear too eager to exploit the moment, they risk facing a backlash.

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With deep regret, Scali Rasmussen gives its condolences to the McKenna family. Mike McKenna was a dear friend, valued colleague and pioneer for California and Hawaii dealers. Mike leaves a legacy of dealerships and he will be greatly missed. Services will be held this Friday June 22, 2018 at 9 a.m. in Kailua, Hawaii at St. Anthony’s Church.

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Dealerships are considered “public accommodations” under the Americans with Disabilities Act and therefore are required to make reasonable modifications to allow disabled individuals the ability to access dealership facilities and services. This is not news if you’ve hired ADA consultants or dealt with an ADA lawsuit. However, while accommodations such as ramps, parking spaces and lowered retail counters may seem obvious (and call us if they do not!), new case law should put you on notice of another kind of accommodation customers may ask you to make: installing hand controls to allow disabled customers to test-drive a vehicle.

Employee travel time

What is compensable?

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We all know the importance of tracking and compensating non-exempt employees for all time that they spend working. When an employee must travel for work, is ALL time spent on the road compensable? Here are the basics as pertains to non-exempt employees.

U.S. Supreme Court upholds class action waivers in employee arbitration agreements

Finds labor laws protecting “concerted activity” no obstacle

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The U.S. Supreme Court recently issued a 3-for-1 opinion protecting class action waivers in employee arbitration agreements. This decision is consistent with the California Supreme Court’s 2014 ruling, in Iskanian v. CLS Transportation Los Angeles, which also upheld the enforceability of class action waivers in employment arbitration agreements, but carved out an exception for actions brought under the Private Attorney General Act (PAGA).

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Here’s a familiar scenario: your counsel advises you about changes in the law requiring you to restructure your pay plans for certain employees, but when you distribute the new plans, one or more employees resist, complain, and refuse to sign. As addressed in our Coffee Break article published on this same date, No secrets: Prohibiting employee discussions about pay, you cannot prohibit these employees from disclosing and discussing pay information with each other. But as for employee resistance and refusal to sign new pay plans, read on for tips on handling this situation.

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