Blogs

Employment Discrimination Report
Christina shares her knowledge on the firm's Employment Discrimination Report blog, which covers all aspects of employment discrimination and harassment, including new court decisions and legislation, compliance, best practices, interesting trends in workplace relations and employment-related issues affecting employers.
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Franchise Law Update
For those with an interest in the world of franchising, this blog will become a regular stop. Christina joins members of Fox Rothschild's Franchising, Licensing & Distribution Practice to discuss the significant employment aspects of franchising. The blog also covers diverse topics such as business finance, litigation and the protection of intellectual property including trademarks and copyrights.
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Recent Blog Posts

  • What State’s Law Applies to a Non-Compete Agreement and Why Does it Matter? Employers frequently require employees to sign confidentiality and non-competition agreements.  In most jurisdictions, these agreements are both lawful and prudent provided that they are carefully drafted. In my practice, I draft confidentiality and non-competition agreements and litigate claims of breaches of those agreements.  In almost every agreement I either draft or review, there is a choice of law provision.  If I am drafting or editing the choice of law section, I do not just randomly select any state or a state... More
  • Ain’t No Mountain High Enough: West Virginia Passes Medical Marijuana Law On April 19, 2017, West Virginia Governor Jim Justice signed a bill legalizing the use of marijuana for medicinal purposes.  With the passage of Senate Bill 386, West Virginia becomes the 29th state to adopt a medical marijuana law. Employers need not panic.  This does not mean you have to ignore your employee toking in the bathroom or ignore a positive drug test simply because the employee has a medical marijuana card. The law does contain a broad anti-discrimination provision prohibiting an... More
  • Avoiding the Mistakes of the Investigation into Trump’s Russia Ties Last week, we commented on the fact that Representative Nunes had recused himself from the investigation into President Trump’s Russia ties after appearing less than impartial in the investigation.  Some employers may view the actions of Nunes in briefing the White House on certain classified information was not really wrong and, it could be argued, simply part of the investigation in confronting the accused. It is certainly true that in any investigation, care should be taken to insure that both the complaining... More
  • The Investigation into Trump’s Russia Ties or How Not to Act as an Investigator Yesterday, we posted about Representative Nunes stepping down from the investigation into Russian interference with the election.  As we noted, as a direct result of his actions in briefing the White House on certain evidence that was found, he appeared less than impartial. The mere fact that he briefed the White House in the midst of the investigation is to me less damaging to the appearance of impartiality than what he actually said.  After briefing the White House, Representative Nunes rushed... More
  • The Investigation into Trump’s Russia Ties or How Not to Select an Investigator About a month ago, we posted that employers could take some lessons from the investigation into President Trump’s claims that he was illegally wiretapped by the Obama Administration.  This investigation still proves to be a cautionary tale for employers. One of the key, and sometimes difficult, decisions in any investigation is who should conduct the investigation.  Should the investigation be done by HR or an executive in the Company?  Or should the investigation be conducted by an outside third party? What may... More
  • Take a Lesson (or not) from Congress and the Feds on How to Investigate Employee Claims It seems that every day we are hearing something about investigations involving the White House. Whether it is the investigation into Russia’s hacking of the election that has resulted in the indictment of suspected Russian spies or President Trump’s call for an investigation into whether he was wiretapped, it seems everyone wants an investigation. Such calls for investigations bring up other questions — should there even be an investigation, who should do the investigation, when the investigation should start, and when should the... More
  • Trump Administration Eliminates Transgender Student Bathroom Guidance Yesterday, the newly confirmed Education Secretary and Attorney General issued a joint letter eliminating the Obama administration’s guidance from last year addressing the issue of bathroom use by transgendered students.  Specifically, the former guidance had said that schools must allow students to use the bathroom of the gender with which they identify, even if that gender is different from the students’ biological gender. The Obama administration had decided that under Title IX, discrimination based on transgender was sex discrimination.  This guidance... More
  • Did Yesterday’s Super Bowl Make You Sick? Careful before you Use Sick Time in Minneapolis Today’s post comes to us courtesy of Justin Schwam, an associate in the Labor and Employment Department in Roseland: With the trend of local paid sick leave ordinances continuing its progressive sweep in cities across the country, a consistent concern for companies located in the vicinity is whether their operations fall within the local law’s reach.  Does it only apply if the company is physically located in the city?  Or does any employee activity within the city trigger the often onerous... More
  • Supreme Court Agrees to Review Validity of Class Action Waivers in Arbitration Agreements Last week, the Supreme Court granted petitions for certioriari in Epic Systems Corp. v. Lewis, Ernst & Young v. Morris, and NLRB v. Murphy Oil USA.  All three cases involve clauses in arbitration agreements that require employees to waive their rights to pursue class and collective actions. In theory, the Supreme Court will resolve a split between federal circuits and determine if employees can be compelled to litigate claims individually rather than in a class or collective action. However, because Justice Scalia’s seat remains... More
  • The Last of Our List of New Employment Laws Effective January 2017 We are just rounding out our list of new employment laws before the clock strikes midnight tomorrow. If you missed the first two parts of our list of new laws, you can find them here and here. It seems that we are not done with sick leave laws.  Illinois recently passed the Employee Sick Leave Act.  Before Illinois employers panic, this law does not require that employers provide paid or unpaid sick leave.  The law simply requires that employees be given greater... More
  • The End is Nigh The end of the year, that is.  Although given the number of celebrity deaths in the last week, I think some people might be reading that headline a little more broadly.  We are not making doomsday predictions, however. Back in the fall, we started a list of employment laws that were going to go into effect in January 2017.   We tried to get a jump start on the list as we knew how quickly the end of the year can... More
  • Massachusetts Veterans to be Given Paid Leave from Work on Veterans’ Day As the nation prepares to honor the service of men and women in armed forces, Massachusetts employers should be aware of some new obligations. In July 2016, Massachusetts Governor Charlie Baker signed the HOME Act into law.  The HOME Act is an omnibus bill that, in part, amends M.G.L. 149, Section 52A1/2 . Previously, employers were required to provide any veteran with unpaid leave who desires to participate in Veterans’ Day or Memorial Day exercises, parades or services. The HOME Act amends that law to... More
  • DOL Persuader Rule Enjoined Much to the relief of management-side lawyers, the Department of Labor’s controversial persuader rule that was slated to go into effect on July 1, 2016 has been enjoined.  The Hon. Sam R. Cummings, United States Senior District Judge for the Northern District of Texas issued a nationwide injunction of the rule a few hours ago. The decision in National Federation of Independent Business, et als. v. Perez temporarily stops a mad scramble by employers and counsel to put measures into place before the... More
  • Chipotle Social Media Decision Is Not New Law Chipotle was recently handed a defeat by an administrative law judge who found that its social media policy was unlawful and that its termination of an employee who tweeted negative things about the company was in violation of the National Labor Relations Act. The case involved tweets made by Dennis Kennedy while he was still employed by Chipotle.  One of Mr. Kennedy’s tweets in response to a customer’s tweet thanking the company for free food read: @ChipotleTweets, nothing is free, only cheap #labor.... More
  • DOL Issues New Guidance on Joint Employment The issue of joint employers has been a big concern for franchisors and franchisees in light of recent NLRB rulings.  Now entering into the fray, the U.S. Department of Labor has recently issued Administrator’s Interpretation No. 2016-1 addressing joint employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act. The Administrator’s Interpretation was issued in response to what the Wage and Hour Division saw as an increase in non-traditional employer relationships where more than one employer controls the work... More