Author: Matthew J. Roberts, Esq.

1854
Posted in Discrimination

New Priorities in EEOC’s Proposed Five-Year Strategic Enforcement Plan

The U.S. Equal Employment Opportunity Commission (EEOC), which enforces federal anti-discrimination laws in the workplace, has released a proposed strategic enforcement plan for fiscal years…

2127
Posted in Privacy

NLRB General Counsel Urges Board to Evaluate Employer Electronic Surveillance Practices

The federal National Labor Relations Act (NLRA) protects employees’ rights to engage in “concerted activities” with each other towards improving working conditions — a common…

2037
Posted in Compensation

Booting Up Computer May Be Compensable, Says Ninth Circuit

Many employers have moved to timekeeping systems accessible on employees’ computers, but often an employee must first turn on, or “boot up,” their computer before…

3108
Posted in Meal and Rest Break

Rest Breaks: Ways to Prove Employees Receive Duty-Free Time

Recently, an employee complained to management that they were not receiving rest breaks. Because the breaks are paid, the employees do not clock out for…

4576
Posted in COVID-19 (Coronavirus) Time Off

COVID-19 Paid Sick Leave (SPSL) Extended Through End of the Year

On September 29, 2022, Governor Gavin Newsom signed AB 152 into law. AB 152 is a budget trailer bill extending an employee’s eligibility to use 2022…

2236
Posted in Workplace Policies

Ninth Circuit Panel Will Rehear Arguments on California’s Mandatory Arbitration Ban

After several recent arbitration agreement legal decisions, are you still confused about California’s arbitration agreements in employment? Good news — you’re not the only one,…

4072
Posted in Hiring

Applicant with Criminal History? Follow Process Before Revoking Offer

We ran a criminal background check on a prospective new employee and the check revealed some criminal history. Can we choose to revoke the job…

2653
Posted in Alternative Workweek

Flexible Schedules Can Create Wage, Hour Pitfalls for Employers

Remote working during the pandemic provided quite a bit of flexibility for both employers and employees. Now that we’re in a period of relative stability…

2274
Posted in Compensation

Ninth Circuit Requests Help From CA Supreme Court Again

On July 8, 2022, the U.S. Ninth Circuit Court of Appeals certified three questions to the California Supreme Court to assist it with ruling whether a…

3628
Posted in Privacy Workplace Safety

A Look at Drug Testing, Privacy Rights, Last Chance Agreements

My employee provided a doctor’s note for recent time off that included information that he was out due to “cocaine poisoning.” With this information, can…