Author: Matthew J. Roberts, Esq.
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
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 (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…
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
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
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
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…
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…
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…
Employees May Bring PAGA Claims for California’s Mandatory Paid Sick Leave Law
Since its inception, California’s mandatory paid sick leave law was interpreted as only allowing the California Labor Commissioner or Attorney General to bring claims against…
