CEB Contributor
Matt Mandelbaum
Content Attorney at Continuing Education of the Bar
Matt Mandelbaum has been a Content Attorney at CEB since 2008. He focuses on updating publications in various practice areas, including employment law, workers’ compensation, and civil litigation. While at CEB, Mr. Mandelbaum has developed (and continues to work on) two new books on wage and hour law as well as on employee leave laws, which both won the award for Best Practice Guide of the Year from the Association for Continuing Legal Education (ACLEA). He also helped launch CEB’s Practitioner product and periodically assists in updating its employment law content.
Before joining CEB, Mr. Mandelbaum was a Research Attorney at Alameda Superior Court in the Law and Motion Department. He was also a Deputy Attorney General with the California Department of Justice, where he represented public agencies in civil rights cases in state and federal courts. Mr. Mandelbaum received his AB in history from Washington University in St. Louis and his J.D. from the University of California, Berkeley School of Law.
Mr. Mandelbaum frequently publishes articles and law alerts on developing issues in employment and workers’ compensation law. He is a member of the California Lawyers Association’s Labor and Employment and Workers’ Compensation sections. In his free time, Mr. Mandelbaum enjoys hiking the many trails in the nearby Oakland hills, cooking, baking, and making soap.
CEB Region:
Bay Area Region
Content by Matt Mandelbaum
-
SCOTUS to Determine Whether Title IX Provides Private Right of Action for Sex Discrimination in Employment
October 28, 2026
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Sex Discrimination
Does Title IX provide an implied private right of action for sex discrimination in employment? That's the
Who Decides the Gateway Question of Arbitrability?
October 7, 2026
Matt Mandelbaum
Business Transactions, Business Contract Provisions, Contract Dispute Resolution, Employment Law, Employee Handbooks & Policies, Dispute Resolution Policy
When a dispute arises between two contracting parties, and the contract contains an arbitration provision, the question often arises: who gets to decide if the parties' dispute is actually covered by that arbitration provision?
Travel Time and Tip Pools: U.S. Department of Labor Continues Flurry of Opinion Letters
September 15, 2026
Matt Mandelbaum
Administrative Law, Employment Law, Wage & Hour, Exempt vs. Nonexempt Status, Meal & Rest Periods , Tip-Pooling Arrangements
The U.S. Department of Labor's Wage and Hour Division (WHD) has been busy this year, issuing an unusually large number of opinion letters. On Labor Day, the WHD
Changes Have Come to California's Subsequent Injuries Benefits Trust Fund
August 26, 2026
Matt Mandelbaum
Employment Law, Workers' Compensation
California's Subsequent Injuries Benefits Trust Fund (SIBTF) is a state fund that, in limited circumstances, provides additional benefits to employees with preexisting permanent disabilities who sustain subsequent work injuries that result in permanent disability. The SIBTF's purpose is to encourage employers to hire disabled employees without fear of being held liable for the effects of a preexisting disability. (
The Perils of Wage Averaging in Piece-Rate Compensation Schemes
August 5, 2026
Matt Mandelbaum
Employment Law, Wage & Hour, Meal & Rest Periods , Minimum Wage
Although salary and hourly compensation schemes are the two most common ways that employers pay employees, piece-rate compensation plans likely take the third spot and are particularly dominant in certain industries, like garment and textile production and agriculture and harvesting.
New DOL Opinion Letters Tackle Questions About Exempt v. Nonexempt Work and Meal Breaks
July 15, 2026
Matt Mandelbaum
Employment Law, Wage & Hour, Exempt vs. Nonexempt Status, Meal & Rest Periods , Overtime Pay
The U.S. Department of Labor's Wage and Hour Division has issued four new opinion letters answering a variety of question about the proper interpretation and application of Fair Labor Standards Act (FLSA). Below is a discussion of two of those letters. Watch this space for coverage of the remaining two.
Federal Justice Department Finds EEOC's Title VII Disparate-Impact Guidelines Are Unconstitutional
June 24, 2026
Matt Mandelbaum
Administrative Law, Employment Law, Discrimination & Harassment
The U.S. Department of Justice's Office of Legal Counsel (OLC) has released an
SCOTUS: Employee Need Not Interact With Cross-Border Vehicle for FAA's Transportation Worker Exemption
May 29, 2026
Matt Mandelbaum
Employment Law, Wage & Hour, Litigation Practice & Procedure, Arbitration, Arbitration Agreements
The irony has not gone unnoticed that, for a statutory scheme purportedly designed to establish a quick and easy way to resolve disputes without the necessity of filing costly and time-consuming civil actions, the Federal Arbitration Act (FAA) has generated a tremendous amount of litigation.
SCOTUS: Federal Courts Retain Jurisdiction to Confirm or Vacate Arbitration Awards After Stay of Proceedings
May 15, 2026
Matt Mandelbaum
ADR, Employment Law, Employee Handbooks & Policies, Dispute Resolution Policy
When, under section 3 of the Federal Arbitration Act (FAA), a federal district court has previously stayed claims in a pending action to permit the parties to arbitrate the dispute, the court retains jurisdiction to confirm or vacate a resulting arbitration award under sections 9 or 10 of the FAA. So held the U.S. Supreme Court in a
U.S. Department of Labor Proposes New Regulations on Joint Employment
May 13, 2026
Matt Mandelbaum
Administrative Law, Employment Law, Wage & Hour
The U.S. Department of Labor has
Can Parties Agree to Have the FAA Govern Their Arbitration Agreement – Even in the Absence of Interstate Commerce?
April 22, 2026
Matt Mandelbaum
Employment Law, Employee Handbooks & Policies, Dispute Resolution Policy
The issue of arbitration agreements and their proper interpretation is once again before the California Supreme Court. This time the court
Proposed Bill Would Mandate Transparency in California Employers' Use of AI Tools
April 1, 2026
Matt Mandelbaum
Employment Law, Employee Handbooks & Policies, Privacy & Information Security
"The use of AI in the workplace is expanding exponentially worldwide, ... [and] a recent survey of workers' attitudes toward AI adoption reveals that more than half of the worker respondents are worried about how AI may be used in the workplace in the future."
U.S. Department of Labor Proposes Reviving 2021 Rule to Determine Employee v. Independent Contractor Status
March 9, 2026
Matt Mandelbaum
Administrative Law, Employment Law, Wage & Hour, Employee Misclassification, Independent Contractor vs. Employee Status
The back-and-forth over how best to distinguish between employees and independent contractors under the Fair Labor Standards Act (FLSA) continues with the U.S. Department of Labor's publication last week of a
New Year, New Opinion Letters from the DOL's Wage and Hour Division (Part 3)
February 18, 2026
Matt Mandelbaum
Employment Law, Wage & Hour, Overtime Pay
This is the third installment in CEB's series taking a look at new opinion letters issued by the U.S. Department of Labor's Wage and Hour Division (WHD) since the beginning of 2026. You can read Part One
New Year, New Opinions Letters from the DOL's Wage and Hour Division (Part 2)
January 28, 2026
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, FMLA & CFRA
This is the second installment in a three-part series that takes a closer look at recent opinion letters issued by the U.S. Department of Labor's Wage and Hour Division (WHD) since the beginning of the year. (You can read part one
New Year, New Opinion Letters from the DOL's Wage and Hour Division (Part 1)
January 7, 2026
Matt Mandelbaum
Employment Law, Wage & Hour, Minimum Wage, Overtime Pay
The new year is off to a brisk start at the U.S. Department of Labor's Wage and Hour Division (WHD), which issued
No Smoking in the Workplace: Caveats and Consequences
December 17, 2025
Matt Mandelbaum
Employment Law, Workplace Health & Safety
Long gone are the days of smoke-filled offices. (Think of pretty much any episode of the TV show "Mad Men.") Today, smoking is prohibited in virtually all enclosed places of employment in California. And although the ban on smoking in the workplace is itself straightforward, employers ought to understand the few exceptions the permit smoking in certain places, as well as the consequences for violating the smoking ban.
A Primer on the Special Risk Exception to the 'Going and Coming' Workers' Compensation Rule
November 26, 2025
Matt Mandelbaum
Employment Law, Workers' Compensation
In the workers' compensation context, the "going and coming rule" is a good example of a rule that's principally defined by its exceptions. Here's a primer on one of those exceptions: special risks.
Under SB 809, Construction Contractors Can Avoid Penalties for Misclassifying Drivers as Independent Contractors
November 5, 2025
Matt Mandelbaum
Construction , Employment Law, Wage & Hour, Independent Contractor vs. Employee Status, AB 5 / Dynamex
Eligible construction contractors in California will soon have an opportunity to avoid civil and statutory penalties for misclassifying their drivers as independent contractors, after an exemption from the "ABC test" for that sector expired on Jan. 1, 2025.
Federal Judge Blocks Enforcement of California's New 'Captive Audience' Employment Law
October 15, 2025
Matt Mandelbaum
Constitutional Law, Employment Law
A federal district judge has put California's new "captive audience" law on hold. U.S. District Judge Daniel J. Calabretta of the Eastern District of California
California Supreme Court Decides Two Key, Highly Technical Employment Law Issues
September 24, 2025
Matt Mandelbaum
Appellate Law, Employment Law, Wage & Hour, Berman Hearings, Minimum Wage
The California Supreme Court
How to Establish a Ministerial Duty in California Civil Writ Cases
September 3, 2025
Matt Mandelbaum
Administrative Law, Litigation Practice & Procedure, Writs, Traditional Mandates, Administrative Mandamus
In California civil writ practice, a critical element to a successful petition is the petitioner's ability to show the existence of a "ministerial duty." Understanding what that term means (and what is doesn't) will ensure that you don't spend time, energy, and resources pursuing a petition that's likely doomed to fail.
Ninth Circuit Applies 'Ministerial Exception' to Exempt Christian Ministry From Gay Employee's Discrimination Claims
August 13, 2025
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Sex Discrimination, Sexual Orientation Discrimination
The Ninth Circuit recently
Know Your Rights Under the Death on the High Seas Act
July 23, 2025
Matt Mandelbaum
Employment Law, Workers' Compensation
Does the family of someone who dies at sea have a remedy? The answer is yes under the (somewhat dramatically named) Death on the High Seas Act (DOHSA) (46 U.S.C. §§ 30301-30308).
The Americans With Disabilities Act Doesn't Apply to Retirees, SCOTUS Holds
July 2, 2025
Matt Mandelbaum
Employment Law
The Americans with Disabilities Act (ADA) does not protect retirees because they are not "qualified individuals" as that term is defined under the ADA. So held the U.S. Supreme Court in a recent 7-2
SCOTUS Declines to Adopt Heightened Evidentiary Burden in Title VII Reverse Discrimination Cases
June 6, 2025
Matt Mandelbaum
Employment Law, Discrimination & Harassment
The U.S. Supreme Court on Thursday unanimously
Prospective Meal Break Waivers Are Permissible, Second District Court of Appeal Holds
May 21, 2025
Matt Mandelbaum
Employment Law, Wage & Hour, Meal & Rest Periods
Can an employer and employee agree to prospectively waive meal breaks? The Second District Court of Appeal, in a case of first impression,
Plaintiffs Can't Avoid Statute of Limitations by Filing 'Headless' PAGA Actions, Second District Holds
April 30, 2025
Matt Mandelbaum
Appellate Law, Employment Law, Wage & Hour, PAGA
Another day, another published PAGA case.
Know Your Leave Rights: Some Key Differences Between the FMLA and CFRA
April 8, 2025
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, FMLA & CFRA
Employment law practitioners know that the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are quite similar statutory schemes. They both entitle employees to take up to 12 weeks of unpaid leave for an employee's serious health condition, to care for a covered family member with a serious health condition, or to bond with a newborn, adopted, or foster child.
Changes to California Employers' Pay Data Reporting Obligations May Be in the Works
March 19, 2025
Matt Mandelbaum
Employment Law, Notice-Posting, Training & Recordkeeping Requirements, Wage & Hour, California Fair Pay Act
It's not too early in the legislative session for California employers to start keeping tabs on what statutory changes might be in store for them. In that spirit, let's examine
Injured Yacht Club Employee Can Pursue Maritime Claims Despite Exclusion From Federal Workers' Comp Law, CA Supreme Court Holds
February 27, 2025
Matt Mandelbaum
Employment Law, Workers' Compensation
The California Supreme Court on Thursday unanimously
Workers' Compensation Watch: Three New California Supreme Court Cases
February 26, 2025
Matt Mandelbaum
Employment Law, Workers' Compensation
Workers' compensation practitioners in the Golden State take note: a new decision from the California Supreme Court just dropped, and there more cases yet to come. Below is a primer on the decision just released, and the two cases currently pending before the high court.
SCOTUS Confirms That Preponderance Standard Applies in Fair Labor Standards Act Exemption Cases
February 5, 2025
Matt Mandelbaum
Employment Law, Wage & Hour, Exempt vs. Nonexempt Status, Evidence
The U.S. Supreme Court recently held in a
U.S. Labor Department Proposes Rule Ending Employers' Ability to Pay Disabled Workers Subminimum Wage
January 15, 2025
Matt Mandelbaum
Employment Law, Wage & Hour, Minimum Wage
The U.S. Department of Labor's Wage and Hour Division has published a
U.S. Labor Department Considers When Reimbursement Payments Can Be Excluded From Employee's Regular Rate of Pay
December 26, 2024
Matt Mandelbaum
Employment Law, Wage & Hour, Overtime Pay
The U.S. Department of Labor's Wage and Hour Division (WHD) recently released an
U.S. Department of Labor Says Treatment in Clinical Trial Can Qualify for FMLA Leave
December 4, 2024
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, FMLA & CFRA
The U.S. Department of Labor (DOL) recently issued a new
California Voters Will Decide Next Week Whether to Raise the State's Minimum Wage Up to $18 an Hour
October 29, 2024
Matt Mandelbaum
Employment Law, Wage & Hour, Minimum Wage
A minimum wage increase is on the ballot in California next week.
New California Law Takes Aim at 'Captive Audience' Meetings for Employees
October 23, 2024
Matt Mandelbaum
Employment Law
California e
Conditions of Compensation: Recreational, Social, or Athletic Activities
October 3, 2024
Matt Mandelbaum
Employment Law, Workers' Compensation
Before an employer can be liable under California's workers' compensation scheme to pay indemnity to an injured worker, ten "conditions of compensation" must be fulfilled. These conditions are listed in Labor Code section 3600, subdivision (a), with the ninth one being that the injury must not have arisen out of voluntary participation in any off-duty recreational, social, or athletic activity not constituting part of the employee's work-related duties. Think a broken ankle on a weekend hike, or during an early morning jog.
Is the Deadline for the WCAB to Act on a Petition for Reconsideration Mandatory?
September 11, 2024
Matt Mandelbaum
Employment Law, Workers' Compensation
A recent California appellate case highlights an unsettled issue in workers' compensation practice: Is the 60-day period within which the Workers' Compensation Appeals Board (WCAB) must act on a petition for reconsideration mandatory -- or are there circumstances in which the deadline can be extended?
A Primer on the Three Most Common Civil Appellate Writs in California
August 21, 2024
Matt Mandelbaum
Appellate Law, Litigation Practice & Procedure, Writs
It's a good bet that, at one point or another, most litigators have said the following to themselves after getting an adverse ruling from the court: "This is outrageous! I'm going to take a writ!" Although it may be cathartic, the real question is whether filing a petition for a writ is the appropriate thing to do under the circumstances.
Determining the 'Regular Rate' for Nonexempt Salaried Employees When Calculating Overtime Pay
July 31, 2024
Matt Mandelbaum
Employment Law, Wage & Hour, Overtime Pay
If you work an hourly job, you're likely familiar with the rule that you earn "time and a half" when you work more than 8 hours in a day or more than 40 hours in a workweek. But calculating that amount can be more complicated than it sounds.
Biden Administration Proposes New Rules to Protect Workers From Extreme Heat
July 10, 2024
Matt Mandelbaum
Employment Law, Employee Handbooks & Policies, Workplace Safety Policies, Workplace Health & Safety
Summer is once again upon us, and we all know what that means: extended periods of extreme heat for many parts of the country. And for workers whose jobs require them to spend time outside or in confined spaces with no air-conditioning, this extreme heat poses a real and significant threat to health and safety. In response to this yearly (and increasingly severe) threat, the Biden Administration has proposed new rules that, if finalized, "would establish the nation's first-ever federal safety standard addressing excessive heat in the workplace," according to a
WCAB En Banc Decision Clarifies Rules for Rebutting the Combined Values Chart for Injured Employees
June 20, 2024
Matt Mandelbaum
Employment Law, Workers' Compensation
In determining an injured employee's permanent disability rating, when is it permissible to add multiple impairments rather than combine them using the Combined Values Chart? The California Workers' Compensation Appeals Board (WCAB) recently issued an
Beyond the White Collar Exemption: Explore Some of California's Other Exemptions
May 29, 2024
Matt Mandelbaum
N/A
Employment practitioners are well acquainted with the so-called white collar exemption for executive, administrative, and professional employees that is found in the California Industrial Welfare Commission's various wage orders. (See,
U.S. Department of Labor Issues Field Assistance Bulletin on AI in the Workplace
May 8, 2024
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, FMLA & CFRA, Wage & Hour, FMLA
As employers' use of artificial intelligence in the workplace increases, the U.S. Department of Labor's Wage and Hour Division recently issued a
Employer's Good Faith Belief That It Complied With Law Precludes Wage Statement Penalties, California Supreme Court Holds
May 7, 2024
Matt Mandelbaum
Employment Law, Wage & Hour, Inaccurate Wage Statements
Does an employer's good faith belief that it complied with the Labor Code's wage statement requirements preclude the imposition of civil penalties for "knowing and intentional" violations? That's the question the California Supreme Court unanimously answered in the affirmative on Monday in a
SCOTUS Clarifies Applicability of FAA's Transportation Worker Exemption in Bissonnette v. LePage Bakeries
April 17, 2024
Matt Mandelbaum
ADR, Employment Law, Employee Handbooks & Policies, Dispute Resolution Policy
Want a hot topic in employment law? Look no further than the Federal Arbitration Act's transportation worker exemption -- and the
California Employers Can No Longer Penalize Employees for Cannabis Use During Nonwork Hours
March 27, 2024
Matt Mandelbaum
Cannabis, Employment Law, Discrimination & Harassment, Employee Handbooks & Policies, Drug & Alcohol Use
When it comes to employees' cannabis use, California employment law has finally caught up with the times.
Time Spent Waiting for Security Check While Driving to Work Can Be Compensable, California Supreme Court Holds
March 26, 2024
Matt Mandelbaum
Employment Law, Wage & Hour, Meal & Rest Periods , Standby, On-Call & Reporting Time Pay
When are you at work? In a
Joint Employment and the Family and Medical Leave Act
March 6, 2024
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, FMLA & CFRA
Under the Family and Medical Leave Act of 1993 (FMLA) (29 U.S.C. §§ 2601–2654), employers with at least 50 employees must provide a covered employee with up to 12 weeks of job-protected, unpaid leave for certain enumerated reasons, such as the employee's serious health condition or the birth or adoption of a child.
The Paycheck Fairness Act: What Is It, and Will Congress Finally Pass It?
February 14, 2024
Matt Mandelbaum
Employment Law, Wage & Hour
The Paycheck Fairness Act has been reintroduced yet again in the current 118th Congress. It was first introduced way back in 1997 and in each successive Congress since then, but has usually died in committee. Perhaps the 14th time's the charm?
Test for Waiver of Right to Compel Arbitration Unlikely to Change Substantially in Upcoming California Supreme Court Decision
January 24, 2024
Matt Mandelbaum
Employment Law, Employee Handbooks & Policies, Dispute Resolution Policy, Litigation Practice & Procedure, Arbitration, Arbitration Agreements
A defendant waives the right to compel arbitration when it engages in litigation and the delay in moving to compel prejudices the opposing party. Prejudice has long been a key factor in deciding waiver in this context, but the U.S. Supreme Court recently held that courts should no longer consider it. The California Supreme Court has now granted review in a case that will determine what impact the U.S. Supreme Court's decision will have on California law.
In Bissonnette v. LePage Bakeries, SCOTUS Again Considers Reach of FAA's Transportation Worker Exemption
January 4, 2024
Matt Mandelbaum
ADR, Employment Law, Employee Handbooks & Policies, Dispute Resolution Policy
The U.S. Supreme Court will once again consider the reach of the Federal Arbitration Act's exemption for transportation workers.
Conditions of Compensation: The Initial Physical Aggressor Defense
December 13, 2023
Matt Mandelbaum
Employment Law, Workers' Compensation
Before an employer is liable under California workers' compensation law to pay indemnity to an injured worker, ten "conditions of compensation" must be fulfilled. These conditions are listed in Labor Code section 3600, subdivision (a), and the seventh one is that the injury must not have arisen out of an altercation in which the injured worker was the initial physical aggressor. The following article examines this condition of compensation in detail.
New Employment Laws From the 2023-2024 Legislative Session (Part Two)
November 22, 2023
Matt Mandelbaum
Employment Law, Retaliation & Whistleblower Issues, Labor Code §1102.5 Protections, Wage & Hour, California Fair Pay Act, Workplace Health & Safety
This is the second part of our roundup of new employment laws from the recently concluded legislative session. (You can find Part One
New Employment Laws From the 2023-2024 Legislative Session (Part One)
November 1, 2023
Matt Mandelbaum
ADR, Employment Law, Vacations, Leave & Other Time Off, Pregnancy Leave, Sick Leave (including COVID-19 policies), Wage & Hour
It's been several weeks since Gov. Gavin Newsom finished signing or vetoing the pile of bills that the California Legislature sent to his desk. To ensure that you keep current with the latest developments in employment law, CEB will be posting a series of articles--of which this is the first--analyzing the most significant new laws in this area. Note that the bills discussed below become effective on Jan. 1, 2024.
Roundup of Recent Wage and Hour Cases (and One Arbitration Case) Pending in the California Supreme Court
October 11, 2023
Matt Mandelbaum
Employment Law, Wage & Hour, Inaccurate Wage Statements, Meal & Rest Periods , Minimum Wage, Overtime Pay
Employment law is always an active area, so much so that it's often difficult to keep pace with all the recent developments. To help keep you up to date, below is a roundup of recent wage and hour cases (and one case about arbitration) pending in the California Supreme Court.
In Two En Banc Decisions, the WCAB Decries the Use of 'Vocational Apportionment'
September 20, 2023
Matt Mandelbaum
Workers' Compensation
En banc decisions from the California Workers' Compensation Appeals Board have been thin on the ground for the past several years.
After Nearly 20 Years, Legislature Revives California's Industrial Welfare Commission
August 30, 2023
Matt Mandelbaum
Employment Law, Wage & Hour
Nearly 20 years after ceasing operations, California's Industrial Welfare Commission (IWC) will soon be back in business.
WHD's New Field Assistance Bulletin Provides Guidance on the PUMP Act's Requirements
August 9, 2023
Matt Mandelbaum
Employment Law, Employee Handbooks & Policies, Lactation Accommodation Policies
The U.S. Department of Labor's Wage and Hour Division has issued a
In Determining Employee/IC Status, NLRB Reaffirms Adherence to Multifactor Common Law Agency Test
July 19, 2023
Matt Mandelbaum
Employment Law, Independent Contractors, Leased Workers & Outsourcing, Wage & Hour, Independent Contractor vs. Employee Status
You could be forgiven for not keeping up with all the recent changes to the various tests for determining whether a worker should be classified as an employee or independent contractor.
California Legislature Seeks to Amend (Once Again) Rules on Criminal Background Checks
June 28, 2023
Matt Mandelbaum
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities, Reviewing Job Applications & Interview Questions, Investigating Job Applicants
The rules on criminal background checks may be changing again.
An Introduction to California's Fair Workweek Laws
June 7, 2023
Matt Mandelbaum
Employment Law, Wage & Hour
Fair workweek laws are on the rise.
DOL's Wage and Hour Division Issues Opinion Letter About Calculating FMLA Leave During Holidays
May 30, 2023
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, FMLA & CFRA
The U.S. Department of Labor's Wage and Hour Division (WHD) issued a new
'Protected Disclosure' Under Labor Code Section 1102.5(b) Need Not Be Previously Unknown to Recipient, California Supreme Court Holds
May 23, 2023
Matt Mandelbaum
Employment Law, Retaliation & Whistleblower Issues, Labor Code §1102.5 Protections
The California Supreme Court on Monday
Review the Proposed Amendments to California's Fair Housing Regulations
May 17, 2023
Matt Mandelbaum
Real Property, Residential Landlord-Tenant
The California Civil Rights Council has
Will SCOTUS Impose a New Standard for Undue Hardship in Title VII Cases? Not Likely.
April 26, 2023
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Religious Discrimination
The U.S. Supreme Court heard arguments last week in a religious accommodation case that could upend a nearly 50-year-old standard for determining whether a proposed accommodation for an employee's religious practices constitutes an undue hardship under Title VII of Civil Rights Act of 1964. After listening to the justices' questions and concerns, however, a radical reshaping of the standard appears unlikely.
Primer on the Power Press Exception to the Exclusive Remedy Rule
April 5, 2023
Matt Mandelbaum
Personal Injury, Workers' Compensation
When an employee is injured at work, the default rule is that the employee's only recourse is through the workers' compensation system. This is the familiar exclusive remedy rule, codified in Labor Code section 3602, which states that "[w]here the conditions of compensation ... concur, the right to recover [workers'] compensation is ...
PUMP Act Adds Workplace Protections for Breastfeeding Employees
March 15, 2023
Matt Mandelbaum
Employment Law, Employee Handbooks & Policies, Lactation Accommodation Policies, Workplace Health & Safety
Employees who need to express breast milk at work will soon benefit from expanded federal protections.
New Federal Law Requires Employers to Accommodate Pregnant Employees
February 22, 2023
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Disability Discrimination, Pregnancy Discrimination
After languishing in Congress for years, the
WHD Issues FMLA Opinion Letter and FAB Addressing Teleworking Employees
February 9, 2023
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, FMLA & CFRA, Wage & Hour, Meal & Rest Periods , FMLA
The U.S. Department of Labor's Wage and Hour Division (WHD) on Thursday issued two documents, a new Opinion Letter about leave under the Family and Medical Leave Act (FMLA) and a Field Assistance Bulletin (FAB) addressing various issues for teleworking employees.
When Does an Arbitration Agreement Not Involve Interstate Commerce Under the FAA?
February 1, 2023
Matt Mandelbaum
ADR, Employment Law, Employee Handbooks & Policies, Dispute Resolution Policy
The Federal Arbitration Act (FAA) (9 U.S.C. §§ 1-16) was enacted in 1925 "to reverse the longstanding judicial hostility to arbitration agreements that had existed at English common law and had been adopted by American courts, and to place arbitration agreements on the same footing as other contracts.” (
NLRB Augments Its Authority to Remedy Unfair Labor Practices
December 21, 2022
Matt Mandelbaum
Employment Law
"To the extent that our prior decisions have not always made clear that we define make-whole relief to include direct or foreseeable pecuniary harms resulting from the respondent's unfair labor practices, we do so now."
What It Means to 'Disclose' a Violation of Law Under Labor Code Section 1102.5, Subdivision (b)
December 1, 2022
Matt Mandelbaum
Employment Law, Retaliation & Whistleblower Issues, Labor Code §1102.5 Protections
Labor Code section 1102.5, subdivision (b), has been called "California's general whistle-blower statute." (
Restrictions on an Injured Employee's Choice of Physician in Workers' Compensation Cases
November 9, 2022
Matt Mandelbaum
Workers' Compensation
In workers' compensation cases, when it comes to an employee's ability to choose a physician to treat a work-related injury, the general rule can be stated simply: The employer has the right to control the employee's medical treatment during the first 30 days after the injury is reports, after which control reverts to the employee. (See Lab. Code, § 4600, subd. (c).)
Back to Basics: The DOL's Proposed Rule on Determining Employee or Independent Contractor Status
October 19, 2022
Matt Mandelbaum
Employment Law, Independent Contractors, Leased Workers & Outsourcing, Wage & Hour, Employee Misclassification, Independent Contractor vs. Employee Status
The U.S. Department of Labor (DOL) has issued proposed
A Primer on California's Outside Sales Exemption
September 28, 2022
Matt Mandelbaum
Employment Law, Wage & Hour, Exempt vs. Nonexempt Status
In California, the default rule is that employees are entitled to a variety of wage and hour protections, such as minimum wage, overtime compensation, and meal and rest breaks. (See,
U.S. Supreme Court Limits Ability To Use PAGA Actions To Sidestep Arbitration Obligations
September 22, 2022
Matt Mandelbaum
ADR, Employment Law, Wage & Hour, PAGA
The following is a condensed version of an article written by Richard J. Simmons and published in the most recent volume of Castle Publications, California Labor and Employment ALERT newsletter. A leading California employment attorney, Simmons typically represents employers, and this article reflects his experience and perspective from practicing in that sector of employment law. The full article and latest ALERT newsletter can be found
Oral Argument in Case Exploring Impact of SCOTUS Arbitration Decision Presents More Questions Than Answers
September 7, 2022
Matt Mandelbaum
Employment Law, Dispute Resolution Policy, Arbitration, Arbitration Agreements, Alternative Dispute Resolution (ADR), Arbitration by Contractual Agreement
The Ninth Circuit Court of Appeals recently heard
The Unsettled Status of Nonrecruiting Provisions
August 17, 2022
Matt Mandelbaum
Employment Law, Employee Handbooks & Policies, Miscellaneous Handbook Sections, Drafting Employment Agreements
Employers whose business depends heavily on the use of confidential information or trade secrets sometimes include nonrecruiting provisions in their employment contracts. But are such provisions valid and enforceable? Unfortunately, there's currently no definitive answer.
Restrictions on Settlement Agreements in Employment Disputes
July 27, 2022
Matt Mandelbaum
Employment Law, Litigation Practice & Procedure, Negotiations & Settlement , Preparing Settlement Documents
California law places myriad restrictions on settlement agreements generally and in employment disputes specifically. The following primer will help you to make sure that the next agreement you draft is up to code--and fully enforceable should the need arise.
FEHC Proposes Amendments to Criminal Background Check Regulation
July 6, 2022
Matt Mandelbaum
Employment Law, Managing Risk in Hiring Employees, Avoiding Recruiting Liabilities
The California Fair Employment and Housing Council (FEHC) has issued a Notice of Proposed Rulemaking announcing proposed
Explore the Proposed Amendments to the Davis-Bacon Act's Implementing Regulations
June 15, 2022
Matt Mandelbaum
Employment Law, Public Employment Issues, Wage & Hour
The U.S. Department of Labor's Wage and Hour Division (WHD) has proposed
Airline Cargo Loaders Are Engaged in Interstate Commerce and Exempt From the FAA, SCOTUS Holds
June 6, 2022
Matt Mandelbaum
Employment Law, Dispute Resolution Policy, Wage & Hour
The U.S. Supreme Court on Monday unanimously
Overview of Long-Term Compensation and Equity Incentives
May 25, 2022
Matt Mandelbaum
Employment Law, Drafting Employment Agreements, Stock Option Agreements
Executive compensation arrangements often include a base salary and one or more long-term incentives focused on performance over several years. Although long-term incentives were formerly provided to executives only (which is why this area of compensation is often called executive compensation), there has been a trend in many sectors toward providing almost all employees some form of long-term incentive.
California Supreme Court Holds That Premium Pay for Missed Meal and Rest Breaks Constitutes Wages
May 24, 2022
Matt Mandelbaum
Employment Law, Wage & Hour, Inaccurate Wage Statements, Meal & Rest Periods
The California Supreme Court on Monday unanimously
Waiver of Right to Arbitration Is Not Dependent on Showing of Prejudice, SCOTUS Holds
May 23, 2022
Matt Mandelbaum
ADR, Employment Law, Wage & Hour
A unanimous U.S. Supreme Court today
Is the Four-Day Workweek Coming to California?
May 4, 2022
Matt Mandelbaum
Employment Law, Wage & Hour
A bill recently introduced in the California Assembly seeks to make the four-day workweek the standard for large employers, replacing the familiar five-day workweek.
Keep Updated on California's Latest COVID-19 Supplemental Paid Sick Leave Law
April 13, 2022
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, Sick Leave (including COVID-19 policies)
You'd be forgiven for not keeping up with California's start-and-stop efforts to provide the state's workers with paid sick leave for reasons related to the COVID-19 pandemic.
The Decline of Employment Arbitration Agreements? Not So Fast!
March 23, 2022
Matt Mandelbaum
ADR, Employment Law
Beginning in the early 1990s with the U.S. Supreme Court's decision in
Ninth Circuit Asks California Supreme Court Whether Agent of Employer Can Be Directly Liable Under FEHA
March 17, 2022
Matt Mandelbaum
Employment Law, Discrimination & Harassment
The Ninth Circuit Court of Appeals on Wednesday
FEHA's Many Protections Against National Origin Discrimination: A Primer
March 2, 2022
Matt Mandelbaum
Employment Law, Discrimination & Harassment, National Origin Discrimination
It's common knowledge among employment law practitioners that the Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees on the basis of their national origin. (See Gov. Code, § 12940, subd. (a).)
Genetic Testing Companies Get Regulated: California's Genetic Information Privacy Act
February 9, 2022
Matt Mandelbaum
Business Entities, Employment Law, Privacy & Information Security
The popularity of at-home genetic testing offered by companies such as Ancestry, 23andMe, and MyHeritage naturally gives rise to questions about whether any safeguards exist to maintain consumers' privacy interests in all that genetic information they are handing over to these companies.
WCAB Formalizes Procedures for Electronic Hearings, Appearances, and Testimony
January 19, 2022
Matt Mandelbaum
Workers' Compensation
Like the legal profession generally, the California Workers' Compensation Appeals Board and workers' compensation practitioners have been grappling with the question of how to continue functioning amidst the COVID-19 pandemic.
Avoiding Vicarious Liability Under the Ellerth/Faragher Defense in Sexual Harassment Cases
December 29, 2021
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Sexual Harassment
Under Title VII of the Civil Rights Act of 1964, the general rule is that an employer is vicariously liable for acts of sexual harassment committed by a supervisor. (
Temporary Disability and the "Odd Lot" Doctrine
December 8, 2021
Matt Mandelbaum
Workers' Compensation
Although somewhat rarely applied in California workers' compensation cases, the "odd lot" doctrine is nevertheless worth knowing and understanding, as it can increase an injured employee's monthly disability payments (of interest to applicants' attorneys) or shield the employer from paying increased indemnity (of interest to defendants' attorneys). So read on for the details.
New Employment Laws from the 2021-22 Legislative Session (Part Two)
November 17, 2021
Matt Mandelbaum
Employment Law
Here now is Part Two in our two-part series summarizing significant employment laws from 2021-22 legislative session. (Part One can be found
New Employment Laws From the 2021-22 Legislative Session (Part One)
October 27, 2021
Matt Mandelbaum
Employment Law
The 2021-22 legislative session has come to a close and, as in past years, a host of new employment laws were enacted. This article is the first in a two-part series summarizing the most significant new developments in this ever-changing area of law.
Understanding When a Split-Shift Premium Is Due and How to Calculate It
October 6, 2021
Matt Mandelbaum
Employment Law, Wage & Hour, Split-Shift Premiums
The California Industrial Welfare Commission's various Wage Orders define a "split shift" as "a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods." (See,
Fourth District Court of Appeal Sets Guidelines for Approval of Class Action Settlements
September 28, 2021
Matt Mandelbaum
Employment Law, Wage & Hour
California's Fourth District Court of Appeal on Tuesday found an
'Meternity' Is an Idea Whose Time Has Come
September 15, 2021
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off
First there was the publication in 2016 of Meghann Foye's novel "
Pay Hike Is Coming for Federal Contractors
August 25, 2021
Matt Mandelbaum
Employment Law, Wage & Hour, Minimum Wage
The federal minimum wage has been (infamously) stuck at $7.25 since 2009. A quick Google search will reveal that if Congress had increased the minimum wage in line with the growth in worker productivity, it would currently be around $23 per hour.
Discrimination Based on 'Paramour Preference' Isn't a Viable Title VII Claim, Ninth Circuit Holds
August 23, 2021
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Sex Discrimination
The Ninth Circuit on Friday
Prevailing Wage Law Doesn't Cover Work on 'Rolling Stock,' California Supreme Court Holds
August 17, 2021
Matt Mandelbaum
Employment Law, Public Employment Issues
The California Supreme Court on Monday
New Guidance From the Biden Administration on 'Long COVID' as a Disability Under the ADA
August 4, 2021
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Disability Discrimination
President Biden recently marked the 31st anniversary of the Americans With Disabilities Act (ADA) by announcing that the Department of Health and Human Services and the Department of Justice have issued a
Calculating AWE in Workers' Compensation Cases: Not as Simple as It First Appears
July 14, 2021
Matt Mandelbaum
Workers' Compensation
In workers' compensation cases, the amount of an injured employee's temporary disability payments are calculated based on the employee's average weekly earnings (AWE).
Tracking Rest and Meal Breaks When Employees Work Remotely
June 23, 2021
Matt Mandelbaum
Employment Law, Wage & Hour, Meal & Rest Periods , Overtime Pay, PAGA
"California is BACK and fully reopened," Gov. Gavin Newsom
Union Organizing on Agricultural Employers' Property Constitutes Physical Taking, SCOTUS Holds
June 23, 2021
Matt Mandelbaum
Employment Law
The U.S. Supreme Court on Wednesday
Proposed DOL Rule Limits Employers' Ability to Claim Tip Credit for Time Spent on Non-Tipped Work
June 21, 2021
Matt Mandelbaum
Employment Law, Wage & Hour, Minimum Wage
The U.S. Department of Labor (DOL) on Monday
Psychiatric Disability Resulting From Sexual Relationship With Physician Is Compensable, Sixth District Holds
June 2, 2021
Matt Mandelbaum
Workers' Compensation
In an opinion published Tuesday, California's Sixth District Court of Appeal
SB 62 Seeks to Curb Wage Theft in California's Garment Industry
June 2, 2021
Matt Mandelbaum
Employment Law, Wage & Hour, Minimum Wage, Overtime Pay
California, and Los Angeles in particular, is the center of the garment industry in the United States. But it is an industry with a long history of "wage theft," a cover term for an employer's failure to pay workers minimum wage, premium wages, and overtime.
There's Bipartisan Senate Support for the Pregnant Workers Fairness Act. Will It Pass?
May 12, 2021
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Pregnancy Discrimination
A bipartisan group of U.S. senators introduced on April 28 the
How Far Might the U.S. Supreme Court Push the Ministerial Exception?
April 21, 2021
Matt Mandelbaum
Employment Law, Discrimination & Harassment
The U.S. Supreme Court in 2012 first recognized the viability of the so-called "ministerial exception," an affirmative defense that forecloses discrimination claims against a religious entity when the plaintiff plays a central role in the entity's core religious mission.
Recent Changes to the California Family Rights Act Create the Potential for Employees to Take Double the Usual Amount of Leave
March 31, 2021
Matt Mandelbaum
Employment Law, Vacations, Leave & Other Time Off, FMLA & CFRA
SB 1383 made three big changes to the CFRA:
Plaintiff Exhausted Administrative Remedies Despite Misnaming Employer in DFEH Complaint, Fourth District Holds
March 22, 2021
Matt Mandelbaum
Employment Law, Discrimination & Harassment
California's Fourth District Court of Appeal on Friday
A Recent Court of Appeal Decision Can Help You Avoid Mistakes When Exhausting Administrative Remedies Under FEHA
March 10, 2021
Matt Mandelbaum
Employment Law, Discrimination & Harassment
The recent case of
Employers Must Precisely Record Employees' Meal Periods and May Not Round Time Punches, California Supreme Court Holds
February 25, 2021
Matt Mandelbaum
Employment Law, Wage & Hour, Meal & Rest Periods
The California Supreme Court on Thursday
Second District Permits FEHA Claim to Proceed Based on Allegations That Wi-Fi Caused Physical Disabilities
February 18, 2021
Matt Mandelbaum
Employment Law, Discrimination & Harassment, Disability Discrimination
In an
DOL Issues New Opinion Letters in the Waning Days of the Trump Administration (and the Biden Administration Quickly Withdraws Three of Them)
February 17, 2021
Matt Mandelbaum
Employment Law
The U.S. Department of Labor's Wage and Hour Division (WHD) has been busy since the beginning of the year. Already the WHD has issued nine new opinion letters interpreting various aspects of the Fair Labor Standards Act (FLSA).
Ninth Circuit Holds That Per Diem Payments Should Be Included in Clinicians' Regular Rate of Pay
February 8, 2021
Matt Mandelbaum
Employment Law, Wage & Hour, Overtime Pay
The Ninth Circuit
Federal Law Doesn't Preclude Application of Labor Code Section 226 to Airline Pilots and Flight Attendants, Ninth Circuit Holds
February 3, 2021
Matt Mandelbaum
Employment Law, Wage & Hour, Inaccurate Wage Statements
The Ninth Circuit