Scali Rasmussen was delighted to participate in one of our favorite events, the Los Angeles County Department of Public and Social Services (DPSS) Adopt-a-Family Program. Everyone in our firm contributes a gift, money or time to make sure a family has a happy holiday. We spend one afternoon wrapping all the gifts, and then on a Saturday in late December as many of us as possible go to the family’s home to deliver everything. It’s always a joyous day, and we were so glad to be able to do this again.
The California Consumer Privacy Act includes multiple references to the idea of a “business purpose” for the use of consumer Personal Information (“PI”). For businesses covered by the CCPA, it is crucial to understand what “business purpose” means generally, what information uses of the business it specifically includes, and what obligations it triggers. In short, this type of information use must be disclosed to consumers, but also is generally shielded from deletion requirements and receives other potential protections.
In his first blog post of 2020, Andrew Smith, director of the Federal Trade Commission’s Bureau of Consumer Protection, described how the agency has improved its orders in data security cases. He cited seven cases as examples, each one addressing allegations of unauthorized access to consumer’s personal information.
Last week, the Court of Appeal ordered the publication of its employer-friendly opinion affirming the denial of class certification in an employment wage and hour case. In Cacho v. Eurostar, the two plaintiffs took the position that their former employer maintained meal and rest break policies that violated California law because they did not address an employee’s entitlement to 1) take a first meal break within the first five hours of work, 2) take a second meal break on shifts over 10 hours, or 3) take a third rest break on shifts over 10 hours. They also argued that, since an earlier version of the employee handbook erroneously stated that employees were entitled to a rest break on shifts of at least four hours – instead of on shifts of at least 3.5 hours – class certification of their rest break claim was appropriate. The Court upheld the lower court’s findings that: 1) the employer’s written meal break policies did not evidence a uniform unlawful policy that would be appropriate to decide on a classwide basis, and 2) the employer did not have a uniform practice of denying required rest breaks.
Employers with over 100 employees who do not offer an employee retirement plan should prepare themselves in the upcoming months to institute the state’s CalSavers program, which will take effect on July 1, 2020.
Employers who utilize employment arbitration agreements have been preparing to issue new arbitration agreement forms effective January 1, 2020 in light of the new law (AB 51), which prohibits employers from requiring employees or prospective employees to sign agreements mandating arbitration of claims under the Fair Employment and Housing Act (“FEHA”) or the Labor Code. But employers may hold off on issuing these new AB 51-compliant agreements for now.
The National Automobile Dealers Association will again convene industry leaders, manufacturers, exhibitors and other key players at this annual convention to learn the latest tools, tactics and industry trends, see the hottest new automotive products and technologies, and make important connections with one another in the unique atmosphere that only NADA can provide.
“It was a pleasure to have worked shoulder-to-shoulder with LAFLA to achieve this successful outcome,” said Christian Scali, founder and managing partner of Scali Rasmussen. “Representing the tenants pro bono is one way our attorneys are able to make a difference in our community.”
Firm partner Monica Baumann will join a panel of regional experts to share their insights on the biggest headlines and where the market is going in 2020. Conversation topics will include trade & tariffs, taxation, impact of new legislation, real estate outlook, access to capital, stock market predictions and much more.
Many automotive vendors rely on accessing automotive dealers’ customer data to provide services as varied as lead generation, vehicle tracking, and customer service. Under the CCPA, dealers may be held liable if any vendor misuses customer data or experiences a data breach. Each vendor that uses your customer data therefore has the potential to steeply increase your potential liability, particularly in light of the fact that you cannot directly control the vendor’s data use or data security practices.