Federal law requires employers to physically inspect identity/eligibility documents substantiating a new employee’s authorization to work in the U.S. within three days of hire as part of completing the Form I-9 Eligibility Verification. Effective March 2020, the U.S. Immigration and Customs Enforcement agency (ICE) relaxed the physical inspection requirements due to concerns about COVID-19 spread from physical proximity and contact.

Under the California Fair Employment and Housing Act, supervisors/managers are held to a high standard of conduct in interacting with subordinates, and employers are strictly liable for their harassing conduct. Despite this high level of accountability, the Court of Appeal refused to find an employer strictly liable for a supervisor’s off-duty conduct unrelated to work.

Scali Rasmussen announced today that Principal Colleen O’Brien has been recognized among top lawyers by the Los Angeles Business Journal in its 2023 edition of Leaders of Influence: Litigators & Trial Attorneys.

On July 6, 2023, the California Privacy Protection Agency (CPPA) rolled out its soft-launch of a new on-line complaint system which is currently active on the CPPA’s website. The new electronic complaint form allows consumers afforded the protections of the California Consumer Privacy Act in 2018 (CCPA) with the ability to lodge both sworn and unsworn complaints alleging possible violations of California privacy laws.

The issue of whether a worker is an “employee” or an “independent contractor” has vexed employers and workers for decades. The impact for misclassifying an employee as an independent contractor can have severe (and costly) consequences for employers. Employers and their lawyers look to the courts, legislatures and government agencies for guidance, and for standards employers should follow when making the determination of whether a worker is an employee or an independent contractor. But, depending on the political environment, the standards set by the courts and government agencies are in constant flux, changing from administration to administration. The most recent example of this flipflop in standards comes from the National Labor Relations Board (“NLRB” or “Board”) which issued a new decision on June 13, 2023 that once again set the new standard or, more accurately, reverted to the standard implemented by the prior Board appointed by President Obama.

In its highly-anticipated opinion in the case of Adolph v. Uber Technologies, the California Supreme Court held on July 17, 2023 that a plaintiff-employee who files a PAGA action against his/her employee for violations of the Labor Code retains standing to pursue the “non-individual PAGA” claims in civil court even if the employee’s “individual PAGA” claim is subject to arbitration.

On July 11, 2023, in unanimous court opinion, a three judge San Francisco appellate court panel overturned a trial court ruling in favor of International Business Machines Corporation (IBM), holding that employers are required under California law to reimburse employees for work from home expenses regardless of whether such work from home was the result of government actions to combat the COVID-19 pandemic.

"Southern California continues to maintain its status as a center for thought leaders and power brokers in the legal space. With so many superb law firms in the region, to be named as a standout attorney in what is surely one of the most impressive regional fields in the industry is quite an achievement," states the publisher.

Scali Rasmussen announced today that Founder & Managing Shareholder Christian Scali has been recognized by Los Angeles County Bar Association as an "LGBTQ Pride Month Honoree."

You know it's coming. That significant factual decision by the trial court that counsel has warned you won’t go your way. While you’ve geared up mentally for the losing ruling, and know the appeal is coming, the first step counsel will take is to prepare to secure a Statement of Decision.

Employers doing business or having workers performing work in certain cities/areas of California are subject to separate minimum wage increases effective July 1st, as follows...

Background music is often a ubiquitous element of a workplace environment, especially in the retail space, where businesses seek to create a positive mood for customers and employees. However, as illustrated recently in the case Sharp v. S&S Activewear, L.L.C., No. 21-17138, 2023 WL 3857491, (9th Cir. June 7, 2023), the 9th Circuit Court of Appeals ruled that music with explicit lyrics can create a sexually harassing hostile work environment, even though men and women were equally exposed.

In Militello v. VFARM 1509 (2023) 89 Cal. App. 5th 602, the plaintiff sued her fellow co-directors of a cannabis company. In that case, the plaintiff’s attorney attempted to use as evidence private emails between one of the defendants and the defendant’s spouse that had been sent through the company’s email system. The defendant challenged this and moved to disqualify the attorney on the ground that the emails were improperly introduced as they were protected by the spousal communications privilege.

For almost three years, California employers operated under the COVID-19 Prevention Emergency Temporary Standards that were implemented by Cal/OSHA early in the pandemic, and revised as the pandemic situation evolved. Now, with the decline of the COVID-19 emergency situation, Cal/OSHA has implemented new permanent COVID-19 standards that took effect on February 3, 2023. So what employer obligations remain?

Buy/sells are exciting, intense, and hopefully rewarding for all parties when completed. They come with ups and downs, surprises, and different opinions. Both sides churn through their checklists, working to validate their opinion of valuation.

No dealer likes to think his or her employees are stealing from them. But it happens, and when it does the cost can be substantial. And all dealers have to cope with issues such as fake identity scams. Those threats are not only costly in terms of dollars, they can even scuttle a buy sell deal, so taking preventative measures is vital.

Gill Automotive Group in April acquired H & J Chevrolet in Kerman, California. The single-point dealership wasn’t struggling, which most of his acquisitions are, Jay Gill tells Getting to Go! But he was compelled to buy it for one main reason – Gill lives in Kerman.

A litigation boutique founded around the philosophy of comprehensive and cost-effective service for entrepreneurs and businesses, Scali Rasmussen is celebrating its first full decade in business. The Los Angeles-based law firm was launched in 2013 by Managing Shareholder Christian Scali, who was joined a year later by fellow named Shareholder Halbert Rasmussen.

Scali Rasmussen Principals Colleen O'Brien and Jasmin Bhandari have been selected as honorees by Los Angeles Business Journal recognizing the city's most influential women attorneys. The "Women of Influence: Attorneys" list recognizes women lawyers that have been recognized for exceptional legal skill and achievement across the full spectrum of responsibility, exemplary leadership as evidenced by the highest professional and ethical standards, and for contributions to the Los Angeles community at large.

In June of 2009, “marijuana smoke” was added to the Proposition 65 list of chemicals known to the state of California to cause cancer. OEHHA’s Carcinogen Identification Committee “determined that marijuana smoke was clearly shown, through scientifically valid testing according to generally accepted principles, to cause cancer.” As a result, all cannabis flower is subject to Proposition 65 cannabis warnings, because all flower contains/produces “marijuana smoke” and because there is no safe harbor level per OEHHA.