Author: Matthew J. Roberts, Esq.

Time Off for Crime Victims: What’s Required Depends on the Crime
2348
Posted in Time Off

Time Off for Crime Victims: What’s Required Depends on the Crime

An employee just informed me that they are a crime victim and need time off. What do we have to provide? Whether you must provide…

New NLRB Joint-Employer Test
2552
Posted in Labor Relations

Yet Another New NLRB Joint-Employer Test

Over the last decade, the National Labor Relations Board (NLRB) has a pattern of overruling itself in how it determines whether an entity can be…

Medical Certification Important for Workers’ Comp Claim Absences
2892
Posted in Workers' Compensation

Medical Certification Important for Workers’ Comp Claim Absences

We have an employee with an active workers’ compensation claim. We agreed with the employee that he would work a normal 40-hour-per-week schedule with exceptions…

EEOC’s New Five-Year Strategic Enforcement Plan
2390
Posted in Discrimination Harassment

EEOC’s New Five-Year Strategic Enforcement Plan (SEP)

On September 21, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released its Strategic Enforcement Plan (SEP) for fiscal years 2024 through 2028. As previously…

FEHA Liability
3486
Posted in Discrimination

California Supreme Court Imposes FEHA Liability on Agents of Employers

In a long-awaited decision, the California Supreme Court has determined that third-party business agents of a certain size can now be directly liable for violations…

Employers Responsible for Employees’ Business Expenses Incurred During Stay-At-Home Orders
4054
Posted in Compensation

Employers Responsible for Employees’ Business Expenses Incurred During Stay-At-Home Orders

A recent Court of Appeal held that although government COVID-19 mandates required remote work arrangements, employers are still responsible for reimbursements of business expenses that…

How to Track Family Leave When Workweek Includes a Holiday
3086
Posted in FMLA/CFRA

How to Track Family Leave When Workweek Includes a Holiday

We have an employee that is currently on California Family Rights Act (CFRA)/Family and Medical Leave Act (FMLA) leave and will be using leave during…

U.S. Supreme Court Issues Another Favorable Arbitration Agreement Ruling
2770
Posted in Workplace Policies

U.S. Supreme Court Issues Another Favorable Arbitration Agreement Ruling

On June 23, 2023, in a 5-4 decision authored by Justice Kavanaugh, the U.S. Supreme Court ruled that the Federal Arbitration Act (FAA) requires district…

Pay
3225
Posted in Compensation

No Pay Secrecy; Bona Fide Factors OK to Justify Pay Differences

We recently gave only one of our employees a merit-based raise after an excellent performance review and asked that employee not to tell others. The…

religious beliefs
4775
Posted in Discrimination

Employers Must Explore Reasonable Accommodations for Religious Beliefs

Religion is one of just two protected classes under California’s Fair Employment and Housing Act (FEHA) — disability is the other — that requires employers…