On March 21, 2018, the California Court of Appeal published a decision affirming the dismissal of a staffing agency, Aerotek, Inc., from a class action wage and hour lawsuit filed by a temporary employee, Norma Serrano. Serrano claimed that Aerotek failed to ensure that its client, Bay Bread, LLC, implemented appropriate meal break policies.
Employee leaves of absence are an unavoidable, albeit inconvenient, reality for most employers. From a policy and compliance standpoint, we place most of our focus (and rightfully so) on legally protected leaves, such as pregnancy/medical leaves or the other numerous leaves that California law mandates. As such, employers may not feel the need to follow any particular process in administering non-protected leaves of absence. Although the manner in which an employer administers this type of leave may not be as legally risky as a protected leave, improper administration of the leave can nevertheless result in frustration for the employer and lack of accountability by the employee. Here are some tips for successfully handling discretionary leaves that can minimize the risk of potential pitfalls.
If you are an auto dealer, you are likely familiar with Section 1632 of the California Civil Code. It’s the law that requires businesspeople who negotiate a contract with a consumer primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean to provide a translation of the contract before the consumer signs it. To comply with this law, dealers routinely have customers sign a Translated Contract Acknowledgement form. But is that enough? What does it mean to negotiate “primarily” in one of the listed languages? And what if you discover that the customer happens to be totally fluent in English? Are you still on the hook? A few court decisions provide some guidance on these questions.
Nearly every company with products sold in California—whether automobiles, appliances, tools, supplements, etc.—has discovered California’s Proposition 65 even when there is no evidence whatsoever of a risk. And now a federal court has ruled that the State cannot mandate the warning for non-disease causing chemicals without violating the First Amendment. The decision could have impacts far beyond the sandy beaches of California.
Dealers should keep in mind that the terms of a Forbearance Agreement are not etched in stone but are negotiable, so care should be taken not to accept and sign the flooring lender’s first draft of a Forbearance Agreement, but instead to closely examine it and propose reasonable revisions. With that process in mind, here are examples of key terms typically found in a Forbearance Agreement, and the negotiating points a dealer should be aware of to ensure that negotiations will hopefully yield a fair and acceptable Forbearance Agreement...
The Los Angeles County Bar Association’s Labor & Employment Section presents a timely discussion of how the #MeToo movement, combined with the tax reform signed by President Trump in 2017, could scramble the pieces of a carefully-completed jigsaw puzzle of a settlement by jeopardizing the deductibility of payments where there is a confidentiality agreement.
Connected car growth means growth of legal concerns
Published on Sat, 03/31/2018 - 6:52pm
Scali Rasmussen attorneys, Bert Rasmussen, Christian Scali and Melanie Cliff are published in the LABJ 2018 Automotive Review, with their article, Connected Car Growth Means Growth of Legal Concerns, focused on changes to the retail automotive sales industry.
Congress passed the Military Lending Act (MLA) in 2006 to provide specific protections to active duty service members and their dependents from perceived predatory lending. The Department of Defense (DOD) interprets the rule, and on December 14, 2017, published new interpretive guidance of the MLA that affects car dealers.