Author: Matthew J. Roberts, Esq.
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…
California’s Ban on Mandatory Arbitration Agreements Invalidated
On February 15, 2023, the Ninth Circuit Court of Appeals issued a decision in Chamber of Commerce of the United States of America, et al….
California Supreme Court Agrees to Hear Timekeeping Rounding Case
On February 1, 2023, the California Supreme Court granted a petition to review the California Court of Appeal’s decision in Camp v. Home Depot U.S.A.,…
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…
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…
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…
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…
