Articles, news & events

Read the latest news from The Scali Law Firm, including legal alerts and event listings.

Maintaining personnel records

What goes where?

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As tempting as it may be for an employer to just throw all documentation pertaining to an employee into one personnel file, numerous legal reasons exist why certain records need to be separated from others, such as privacy, discrimination, and HIPPAA obligations.

The interactive process

An often-overlooked obligation

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Although employers are generally aware that they must provide reasonable accommodations for disabled employees, which could include modified work duties, leaves of absence, or reduced schedules, there is an additional obligation that is often overlooked: the obligation to engage in the interactive process. In fact, under the Fair Employment and Housing Act, the failure to engage in the interactive process creates an entirely separate legal claim.

Unpaid interns may be deemed employees who must be paid

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Unpaid internships are often a mutually beneficial arrangement in which the intern gains valuable experience and training and the business can vet potential future employees. However, employees must be careful that their unpaid interns are not deemed to be employees.

Clarification of wage statement obligations

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California law specifies what must be included on employee wage statements or paystubs, which includes an employee’s “total hours worked.” But how does an employer comply when an employee is in an exempt position that is not required to record hours worked? Now the legislature has provided some clarification on this.

Scali Law Firm expands to Inland Empire

Robert Mizar, expert at defending dealerships, will manage new Ontario, CA office

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The Scali Law Firm today announced that it has opened an Ontario office – its fourth in California – to give clients in the Inland Empire better access to the firm’s automotive law experts.

Buyer’s conditions to closing in purchasing an auto dealership

Review them carefully before committing

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This article addresses a buyer’s conditions to closing in a dealership asset purchase agreement. Buyers should carefully review and negotiate these provisions, which can materially affect whether they should or will commit to a purchase. If one or more buyer conditions are not satisfied or waived before the closing, the buyer typically has the right to walk away from the deal, without having any remaining liability (unless a separate provision of the agreement creates such liability).

Intermittent leave of absence under the FMLA and CFRA

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The term “leave of absence” is usually associated with a long period of time during which an employee is continuously absent. So employers may not realize that “intermittent leave,” (i.e., short periods of time-off or a reduced schedule) that an employee requests for a serious health condition may qualify for leave protection under the Family Medical Leave Act and the California Family Rights Act.

Pregnancy disability leave protections beyond other medical leaves

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When an employee takes time off of work for a disability related to pregnancy or childbirth, multiple protected leaves of absence are in effect. But employers should be aware that pregnancy disability leaves offer more protections to employees in some important ways.

New restrictions for choice of law provisions in employee contracts

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It is not uncommon an employer operating in multiple states to require its employees who live or work within California to litigate any employment-related disputes outside of California under the law of a different state. Now, that’s no bueno. Employers cannot require employees who live and work in California to agree, as a condition of employment, to litigate or arbitrate outside of California claims that arise in California, or to apply non-California law to a controversy arising in California.

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