Author: Matthew J. Roberts, Esq.

Remember California State of Emergency Notice Requirements
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Posted in Hiring

Remember California’s Bird Flu State of Emergency Notice Requirements

Both the U.S. President and the California Governor have authority to issue emergency proclamations for areas affected by disasters or other emergencies federally and in…

DOL Proposes Phasing Out Subminimum Wage for Disabled Workers
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Posted in Disabilities Minimum Wage

DOL Proposes Phasing Out Subminimum Wage for Disabled Workers

On December 3, 2024, the U.S. Department of Labor (DOL) issued a proposed rule that would eventually phase out certificates that permit employers to pay certain…

NLRB Restricts Employer-Mandated Meetings Regarding Unionization
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Posted in Labor Relations

NLRB Restricts Employer-Mandated Meetings Regarding Unionization

The National Labor Relations Act (NLRA) provides employees with the ability to engage in protected concerted activities to improve their working conditions, including the right…

Arbitration Curtailed When Claim Includes Sexual Harassment
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Posted in Harassment Workplace Policies

Arbitration Curtailed When Claim Includes Sexual Harassment

In 2017, the #MeToo movement highlighted the magnitude of issues associated with workplace sexual harassment, including perpetrators requiring private arbitration of sexual harassment claims to…

California Health Care Worker Minimum Wage Starts October 16
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Posted in Minimum Wage

California Health Care Worker Minimum Wage Starts October 16

After several delays, the long-awaited California health care worker minimum wage law takes effect on October 16, 2024. When the California Department of Health Care…

Job Duties, Compensation Keys to Computer Professional Exemption
2223
Posted in Compensation

Job Duties, Compensation Keys to Computer Professional Exemption

We would like to make our information technology (IT) manager an exempt employee. May we use the computer professional exemption for this purpose? As with…

Good Process Key to Choosing Reasonable Accommodation for Disability
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Posted in Disabilities

Good Process Key to Choosing Reasonable Accommodation for Disability

One of our employees with a disability requires a reasonable accommodation. May we choose the reasonable accommodation that we provide? Perhaps. Determining what accommodations, if…

Public Entities Not Liable for PAGA Penalties
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Posted in General

Public Entities Not Liable for PAGA Penalties

The Private Attorneys’ General Act (PAGA) continued to make news this week as a decision from the California Supreme Court — amongst other holdings —…

California COVID-19 Workplace Regulations
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Posted in COVID-19 (Coronavirus)

Reexamining California COVID-19 Workplace Regulations

In the past two weeks, positive COVID-19 tests have increased to 18 percent in the U.S. Health and Human Services Agency’s Region 9, which includes…

A Single Racial Slur May Be Severe Racial Harassment Under FEHA
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Posted in Harassment

A Single Racial Slur May Be Severe Racial Harassment Under FEHA

Whether workplace harassment conduct rises to the level of severe or pervasive, as required by California’s Fair Employment and Housing Act (FEHA), is commonly misunderstood,…