Monday, April 22, 2024
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Matthew J. Roberts, a member of the CalChamber legal affairs team since July 2019, was named associate general counsel, labor and employment in October 2023. He explains California and federal labor and employment laws to CalChamber members and customers, and since October 2021 has served as manager of the Labor Law Helpline. He came to the CalChamber from the Shaw Law Group, P.C. of Sacramento, where he was a senior attorney, authored articles on emerging issues in employment law, and represented employers before state/federal employment law agencies. He received a B.A. in government from California State University, Sacramento and holds a J.D. from McGeorge School of Law, University of the Pacific, where he also served on the McGeorge Law Review as both a writer and primary managing editor. See full bio

How State Cannabis Laws Affect Testing, Questions About Use

I’ve heard California law protects employees who use cannabis. Is it true that we can no longer test for, or discipline, an employee who...

New National Test Makes More Entities Joint Employers

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

Considerations for Back-to-Back Pregnancy, Family Leaves

My employee of five years gave birth and would like to use California Family Rights Act (CFRA) child bonding time immediately following her pregnancy...

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...

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...

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...

Employers Must Explore Reasonable Accommodations for Religion

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

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....

California Supreme Court Agrees to Hear Timekeeping Rounding Case

The California Supreme Court has agreed to review a California Court of Appeal decision on a case involving timekeeping rounding policies. On February 1, the...

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...

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

A Ninth Circuit Court of Appeals panel has voted to withdraw its original ruling on California arbitration agreements in employment and rehear arguments on...

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...

A Look at Drug Testing, Privacy Rights and 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,...

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...

Harassment Outside of Work? Employer Still Must Respond to Complaint

One of my supervisors just reported to me that they received complaints about harassment from a coworker but did not report them to us...

Child Care Issues Can Prompt Move to Create Alternative Schedule

My hourly employee asked for a flexible schedule where she would work four 10-hour days instead of five eight-hour days due to child care...

Minimum Wage Hikes Effective January 1 Include Local Rate Increases

I just heard West Hollywood passed a local minimum wage ordinance. How do local minimum wage ordinances interact with the statewide minimum wage and...