Author: Matthew J. Roberts, Esq.

Job Duties, Compensation Keys to Computer Professional Exemption
2946
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
2731
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
2762
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
7282
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
4290
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
5476
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
6176
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
6117
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….

U.S. DOL’s New Overtime Rule
8370
Posted in Exempt/Nonexempt Overtime

U.S. DOL’s New Overtime Rule Increases Exempt Employee Salary Threshold

Tasked with implementing and enforcing the federal Fair Labor Standards Act (FLSA), the U.S. Department of Labor (DOL) recently announced its final rule expanding overtime eligibility…

Texas Court Invalidates New NLRB Joint-Employer Rule
1899
Posted in Hiring Labor Relations

Texas Court Invalidates New NLRB Joint-Employer Rule

Updated August 1, 2024: On July 19, 2024, the NLRB filed a notice with the Fifth Circuit Court of Appeals that it was withdrawing from…