Dealerships usually use uniforms for at least certain job positions to promote a professional image. There are certain rules applicable to uniform requirements that employers should keep in mind.

We regularly receive inquiries from dealership clients as to whether they can deduct from an employee’s pay the expense caused by the employee’s loss or damage to Company equipment. This question often comes up in relation to electronic devices issued to employees by the dealership, (such as phones and other mobile devices), as well as vehicles and other equipment that employees use to perform their jobs. If the employer believes that the employee was careless or negligent in causing the damage or loss of the equipment, it may be tempting for the employer to simply deduct the expense or loss from the employee’s paycheck. But doing so is risky!!

To establish a case for retaliation under Labor Code Section 1102.5, employees must show that they engaged in protected activity, the employer subjected them to adverse employment action(s), and that there is a causal link between the protected activity and the adverse action. So what is an adverse employment action?

Section 1102.5 of the California Labor Code affords “whistleblowers” (those who report unlawful activity) protections from retaliation. Employers need to handle such reports with care, and train their managers to respond appropriately as well.

The article Dealers have to provide suitable seating to their employees under specified circumstances: Do you know what they are?—by The Scali Law Firm attorneys Christian Scali, Jennifer Woo Burns and Jasmin B. Bhandari—was published in the latest newsletter from the Greater Los Angeles New Car Dealers Association.

The article Does your data security strategy protect against spear phishing?—by Scali Law attorneys Christian Scali and Gus Paras—was published by the Greater Cincinnati Auto Dealers Association today.

You’ll find this article by The Scali Law Firm on page 22 of the August/September 2016 issue of West Coast Dealer, a publication of the National Independent Automobile Dealers Association.

We have sent out previous Alerts regarding the evolution of the San Diego Earned Sick Leave and Minimum Wage Ordinance. There are now further developments to report. An Implementing Ordinance, previously approved by City Council, was approved by the Mayor on August 3, 2016, and will take effect September 2, 2016.

The article Dealers have to provide suitable seating to their employees under specified circumstances. Do you know what they are? appears in ADOMA's August NewsTrax.

Consumer advocacy groups have urged the Federal Trade Commission to investigate whether Mercedes Benz’s marketing of its 2017 E­-class sedan misleads consumers by overstating the car’s autonomous capabilities. The consumer groups claim such advertising is likely to cause consumers to believe the car is self­-driving when it is not, and creates a false sense of security.

OSHA’s controversial new “Reasonable Reporting Procedure” rules may require a second look at the mandatory post-injury drug testing policies frequently implemented at dealerships.

It is not uncommon for employers to implement paid vacation policies in which the employee receives a lump sum of vacation time upon reaching a certain length of service or anniversary date, rather than accruing the vacation over time. For example, the employee receives zero paid vacation time in their vacation bank during their first year of employment, but at their one-year anniversary date, they are suddenly credited with one week of paid vacation. This practice is not compliant and can expose an employer to substantial liability.

Dealers are continually challenged in complying with California’s meal and rest break laws. And although it is commonly known that employers must provide off-duty meal breaks of at least 30 minutes for work shifts of more than 5 hours, many dealers overlook the timing requirements of these breaks.

With the passage of SB-836, a number of important changes in Private Attorneys General Act (PAGA) requirements went into effect on July 1, 2016. Though not as expansive as originally proposed, the changes do demonstrate the Labor and Workforce Development Agency’s interest in monitoring PAGA claims and their settlements.