Author: Matthew J. Roberts, Esq.

Arbitration Curtailed When Claim Includes Sexual Harassment
1129
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
3918
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
1811
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
2025
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
1688
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
3945
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
2642
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,…

Ninth Circuit Preserves FLSA De Minimis Rule
2972
Posted in Compensation

Ninth Circuit Preserves FLSA De Minimis Rule

On July 10, 2024, the U.S. Ninth Circuit Court of Appeals revisited a timekeeping case centered around a dispute over whether an employee “booting up”…

California Health Care Worker Minimum Wage Delayed Again
4049
Posted in Minimum Wage

California Health Care Worker Minimum Wage Delayed Again

California’s health care worker minimum wage gets delayed again — with a few possible start dates depending on certain circumstances. In 2023, Governor Gavin Newsome…

California Health Care Worker Minimum Wage Delayed One Month
5224
Posted in Minimum Wage

California Health Care Worker Minimum Wage Delayed One Month

Updated July 1, 2024: The California health care worker minimum wage was delayed again — with a few possible start dates depending on certain circumstances….