Author: Matthew J. Roberts, Esq.
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…
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…
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,…
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…
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…
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…
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…
Take Three: Cal/OSHA Revises COVID-19 Emergency Temporary Standards (ETS) for Third Time
On April 21, 2022, the Occupational Safety and Health Standards Board (OSHSB) approved a third readoption of the California Division of Occupational Safety and Health…
