Author: Matthew J. Roberts, Esq.
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
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
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
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
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
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
The Private Attorneys’ General Act (PAGA) continued to make news this week as a decision from the California Supreme Court — amongst other holdings —…
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
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
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”…
