Articles, news & events

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

What’s in your policy?

The DFEH issues new brochure on workplace harassment

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On May 2, 2017, the California Department of Fair Employment and Housing announced the release of an updated brochure addressing sexual harassment (Form DFEH-185). Under Government Code 12950(b), employers must distribute this brochure to all employees, or distribute its own written policy that contains, at a minimum, provisions on the following...

Maintaining personnel records

Coffee Break: HR Minute

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In Coffee Break episode 28, Chris and Jennifer discuss what does—and does not—belong in an employee's personnel file.

Interactive process

Coffee Break: HR Minute

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In Coffee Break episode 27, Chris and Jennifer review the often overlooked "interactive process" through which employers must engage their disabled employees.

Selling above sticker price?

Slick sales tactics can put dealers in hot water

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Have you heard the new one? A sales trainer is suggesting a new sales tactic that leads to salespeople regularly selling vehicles for more than the advertised price. The practice essentially invites customers to pay an additional amount above the advertised price as a tip for excellent service or for getting an exceptional deal. Sounds too good to be true? That’s because it probably is.

Pending bills provide more protections for employees pertaining to parental issues

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Two bills are currently being considered in the state legislature that enhance protections for employees related to baby bonding leave and anti-discrimination law regarding use of reproductive services. Both of these proposed laws are still being worked and amended, and it will probably be months before their final disposition is known. However, they reflect the increased attention by lawmakers to employee issues related to child rearing and pregnancy, and that trend is likely to continue.

Appellate court makes ruling on wage statement requirements

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Under California Labor Code section 226(a), employers are required to provide an itemized statement semi-monthly or at the time of each payment of wages. In Blair v. Dole Food Co., a California Court of Appeal recently addressed a complaint brought by an exempt, salaried employee who alleged that her former employer, Dole Food Co., was in violation by: 1) failing properly to identify employees on their wage statements, and 2) failing to identify an accurate hourly pay rate for exempt employees when those employees were paid accrued vacation wages.

Organ donor leave and pay

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Most dealers and employers are aware of protected medical leaves such as the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA). In most instances, these leaves are either unpaid, or are available to be compensated by state (not employer) sponsored programs such as State Disability Insurance and/or Paid Family Leave. However, many employers are unaware that employees who are donating bone marrow or an organ are required to be paid by their employer for time off associated with the donation.

Inconclusive drug test results and what to do when an employee shows up drunk to work

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Employers can (and should) require pre-employment drug testing, and refuse to hire a prospective employee if he/she fails to pass the drug test, provided notice and consent was properly given and obtained. Drug screens should only be conducted after a job offer has been made, and not as a way to screen applications. If the prospective employee refuses to take the test, the job offer can also be withdrawn, provided the employer gave all of the required notices and followed applicable law. But what if the drug test is inconclusive? And what should an employer do if an employee appears intoxicated at work? Read on for guidance on these tricky situations, and more.

Unpaid interns

Coffee Break: HR Minute

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In Coffee Break episode 26, Chris and Jennifer explain employers' limitations and obligations when using unpaid interns.

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