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

  • Changing Workplace Culture Requires Employers to Address Little and Big Problems Our office was closed last Monday in celebration of Martin Luther King, Jr. Day.  I was at the dog park talking to a woman I know who also happens to be a lawyer.  During our discussion of how nice it was to be off of work, she mentioned that not everyone at her firm felt that way. She then told me that there is one partner in her office who every year insists on coming into work on Martin Luther King,... More
  • Happy New Year! New York Employees Are Now Entitled to Paid Family Leave As of January 1, 2018, all New York employers, regardless of size, must offer paid family leave to their employees.  Hopefully, employers already have revised policies in anticipation of the law taking effect. If employers have not revised handbooks or other policies, the law does not require employers to have a paid family leave policy.  However, the state is strongly suggesting that employers do so. New York has a website devoted to Paid Family Leave that provides resources to employers.  They have... More
  • Now is the Time to Conduct Harassment Training I’ve been meaning to blog about all of the harassment charges that have appeared in the news.  Every morning I would get up with a plan to talk about the latest person accused.  And almost every morning it seemed as if there was a new person to talk about.   I quite simply could not get ahead of the avalanche of claims. There were, after all, so many lessons to be learned from each allegation. Rather than try to address them all at... More
  • Browning-Ferris Joint Employer Standard Reversed by NLRB Yesterday afternoon, the NLRB issued a decision in Hy-Brand Industrial Contractors that caused a collective sigh among employers.  The decision rolls back the joint employer standard to what it was before Browning-Ferris Industries, 362 NLRB No 186. The Browning-Ferris decision was greeted with alarm by most employers, especially franchisers and franchisees, as it made it easier for employees to claim that two entities were joint employers. Specifically, Browning-Ferris held that two entities could be joint employers even where they never exercised joint control over essential... More
  • New York City Expands Paid Sick Leave Law On November 6, 2017, the New York City Council passed Int. 1313-2016 that amends the Paid Sick Leave Law.  Don’t panic, employers. The law does not require additional leave. It merely adds another covered reason that employees may use earned paid time off.  New York City’s paid sick leave law will now be entitled the “Earned Safe and Sick Time Act.” Employees will be able to use earned safe/sick time for the following reasons if the employee or the employee’s family member has been... More
  • Massachusetts Will Require Accommodations for Pregnant Employees As of April 1, 2018, employers in Massachusetts will be required to provide accommodations to pregnant employees. In July, the Governor signed into law the Pregnant Workers Fairness Act that amends the Massachusetts’ general discrimination law to require employers to provide a reasonable accommodation to pregnant employees and to prevent employers from discriminating against pregnant employees who request an accommodation. Under the law, there is no set guarantee of leave, but paid or unpaid leave to recover from childbirth may be a... More
  • Will California “Ban the Box”? The California Assembly has passed Assembly Bill 1008, which would affect employers’ abilities to make pre-hire and personnel decisions based on a person’s criminal history.  Governor Jerry Brown has until October 15, 2017 to act on the bill and he is expected to sign it. AB 1008 would apply to all employers in California with five or more employees. The bill would make it unlawful for California employers to:  • Include on any application for employment any question that seeks the disclosure of an applicant’s... More
  • Birmingham Passes Ordinance Prohibiting Discrimination Alabama never ceases to surprise. On September 26, 2017, the Birmingham City Council passed an ordinance that makes it a crime for any entity doing business in the city to discriminate based on race, color, national origin, sex, sexual orientation, gender identity, disability, or familial status. The ordinance passed unanimously and is the first of its kind in Alabama. In announcing the measure, the City Council took a bit of defiant tone, noting that Birmingham had to act since the state legislature... More
  • Be Careful Before Firing an Employee for Making a Political Statement A few weeks ago, we posted that employers could fire Neo-Nazis who participated in the Charlottesville protests.  As we noted, we were just looking at First Amendment rights and that employees may have more protections under state laws. My partner, Nancy Yaffe, has a written a thoughtful blog post on those state protections that might come into play.  For a more detailed discussions of those protections, please check out her blog post. ... More
  • Delay of EEO Gender Pay Equality Reporting Requirements Does Not Mean a Decrease in Enforcement On Tuesday, the Office of Management and Budget notified the EEOC that it was delaying a rule finalized last year that would require large employers to report salaries of workers.  The rule was implemented to help combat gender pay inequality. The rule would require any employer who must file an EEO-1 report, which is any private employer with 100 or more employees or federal contractor with 50 or more employees, to provide the previously required information about the number of its... More
  • DOL Opinion Letters are Back As a surprising new gift from the Trump Administration, the Department of Labor has decided that it will again start issuing opinion letters on thorny questions about the FMLA and the FLSA and other laws enforced by the Wage and Hour Division. For reasons that were never quite clear, the Obama Administration had done away with the practice; instead preferring to sporadically issue administrator interpretations. For employers, opinion letters are often more helpful as you can tell the DOL your specific facts... More
  • 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
  • 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
  • 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