Yesterday, a 5-year old boy was swept away by floodwaters on the central coast. Portions of Santa Barbara County, including the entire community of Montecito have been evacuated for fear of deadly mudslides in that community. Portions of Santa Cruz County and Sacramento County have been evacuated. Several lanes of the 101 northbound will be closed today. And last night, a sink hole opened up in Chatsworth, swallowing two cars.

The California Office of Environmental Health Hazard Assessment (OEHHA) has made clear that it intends to modify and/or limit the use of so-called “Short-Form” warnings required by Proposition 65.

In recognition of Scali Rasmussen's yearslong voluntary service to a class of unlawfully displaced Santa Monica residents, the Legal Aid Foundation of Los Angeles recently honored the full service law firm with its Pro Bono Law Firm Award.

President Biden is expected to enact the Speak Out Act in the near future, which was passed by Congress on November 16, 2022, to combat sexual assault and harassment in the workplace. The act will apply to sexual assault or harassment claims brought by an employee under state, federal, or tribal law on and after its effective date. Under the act, an employer will be prohibited from enforcing a nondisclosure or nondisparagement provision contained in an employment agreement, nondisclosure agreement, or other agreement previously signed by an employee to silence that employee’s sexual assault or harassment allegations, in or outside of court.

Since 2012, California has allowed neutral time rounding policies for employee timekeeping, as long as the policy was facially neutral and did not deprive employees of compensation for time worked, under the Court of Appeal case: See’s Candy Shops, Inc. v. Superior Court. Even rounding to the quarter of an hour had been found to be permissible in the past. However, in the age of precision, California courts have chipped away at this practice.

Cal/OSHA's COVID-19 Emergency Temporary Standard (ETS), which was first adopted November 2020, is set to end after December 31, 2022. Instead, the Standards Board announced it will be voting on a proposed “permanent” standard at the next meeting on December 15, 2022. While it is called the permanent standard, it would only last for two years.

In a November 23, 2022, published decision, DeLeon v. Juanita’s Foods, B315394, the Second Appellate District upheld a Los Angeles Superior Court’s strict interpretation of the California legislature’s 2019 amendments to the California Arbitration Act that a failure by a drafting party to pay arbitration fees timely constitutes a material breach of the arbitration agreement and allows the employee-claimant to (among other things) withdraw from arbitration and pursue their claim in court. This applied not just to the initial filing fee, but also subsequent invoices.

Scali Rasmussen announced today that Principal Colleen O'Brien has been selected as a nominee by the Los Angeles Times for its 'Inspirational Women Awards.' The awards recognize female business leaders in Los Angeles for their noteworthy success and accomplishments during the last 24 months.

In California, another year means another set of new employment laws that impose burdens on employers. The 2022 legislative session was no exception, with new laws passed and signed that address employment-related pay disclosure requirements on job postings, required bereavement leave, extended COVID-related leave, and family medical leave, to name a few areas. The good news for California employers is that none of the new laws make revolutionary changes to employee rights or employer responsibilities, but employers nonetheless need to understand these changes and adjust their practices to avoid potential liability in the future. Some laws passed do not go into effect for another year or two, allowing additional time for compliance (such as the cannabis anti-discrimination law).

The primary changes this year address and limit the availability of GAP waivers- for service members, and limiting the cost of GAP as well as the loan-to-value ratio for applicable vehicles. The legislature also passed a number of bills that continue to move the state towards a zero-carbon transportation sector, including requiring 35% of new car sales to be ZEVs (zero-emission) by 2026, which may not be a feasible goal. Dealers will need to keep an eye on these issues moving forward as it will affect inventory and demand.