Articles, news & events

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

Commission pay plans must separately compensate for rest break time with no offset against other pay

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Yesterday, a California Court of Appeal in Vaquero v. Stoneledge Furniture LLC (Ashley Furniture) found that commission pay plans providing base pay for rest breaks that could be “clawed-back” against future earnings was invalid under California law. Ashley Furniture was sued in a class action by employees claiming that its commission pay plan was noncompliant with California law because it did not properly pay sales employees for rest breaks. The Court of Appeal had two important rulings...

Employee introductory periods

Coffee Break: HR Minute

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In Coffee Break episode 20, Chris and Jennifer discuss the benefits of an introductory period policy for new hires and what considerations should go into the creation of such a policy.

Equal Pay Act obligations

Coffee Break: HR Minute

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In Coffee Break episode 19, Chris and Jennifer explain changes to the Equal Pay Act that could impact your hiring and compensation practices.

Trump presidency brings regulatory uncertainty to auto dealers

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Under the Trump Administration, change is likely to come to the CFPB and FTC, but its extent and how it impacts auto dealers is unknown. Trump has started shaking things up with controversial Executive Orders and the backlash is already mounting. In more liberal states, like California, Governors and Attorneys General have already vowed to push back and may very well step up their own enforcement where the federal government falls short. This makes for an uncertain future for regulatory enforcement that cannot be easily predicted.

Scali Law Firm adds litigator Jade Jurdi

New attorney has stellar track record defending companies against consumer protection class actions

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“Whether he’s handling a mediation or a substantive court appearance involving a class action, Jurdi has shown he can go in alone and walk out victorious,” said Christian Scali. “He’s going to add substantial firepower to our consumer protection cases.”

Maintaining personnel records

What goes where?

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As tempting as it may be for an employer to just throw all documentation pertaining to an employee into one personnel file, numerous legal reasons exist why certain records need to be separated from others, such as privacy, discrimination, and HIPPAA obligations.

The interactive process

An often-overlooked obligation

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Although employers are generally aware that they must provide reasonable accommodations for disabled employees, which could include modified work duties, leaves of absence, or reduced schedules, there is an additional obligation that is often overlooked: the obligation to engage in the interactive process. In fact, under the Fair Employment and Housing Act, the failure to engage in the interactive process creates an entirely separate legal claim.

Unpaid interns may be deemed employees who must be paid

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Unpaid internships are often a mutually beneficial arrangement in which the intern gains valuable experience and training and the business can vet potential future employees. However, employees must be careful that their unpaid interns are not deemed to be employees.

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