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

  • 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
  • Maryland Expands Scope of Non-Discrimination Law Today’s post comes to us courtesy of Rachel Severance, an associate in our Washington D.C. office: On October 1, 2016, new requirements affecting Maryland employers go into effect, expanding the scope of Maryland’s current non-discrimination statute. The Maryland General Assembly expanded Maryland’s Equal Pay for Equal work law, which previously prohibited discrimination based on sex, to also prohibit discrimination based on gender identity. The law’s new provisions prohibit an employer from discriminating between employees in any occupation by (1) paying a wage to... More
  • Will Laws Banning Discussion of Past Salaries Become the New Sick Leave? Last Friday, my colleague Alexander Leonard, reported that Massachusetts had just passed a sweeping gender equity law that would prohibit employers from asking applicants about their past salary history.  Days after the Massachusetts law was signed by Governor Baker, the New York City Public Advocate Letitia James introduced a similar bill.  We wonder if laws like these will be become part of a new grassroots movement that produce a lot of patchwork laws like sick leave laws have been in... More
  • Illinois Law Requires Leave for Bereavement of the Death of Child On July 29, 2016, Governor Bruce Ratnor signed the Child Bereavement Act into law.  The Act requires employers with 50 or more employees to provide up to 10 working days of unpaid leave to employees to: attend the funeral or alternative to a funeral of a child; make arrangements necessitated by the death of the child; or grieve the death of the child. Bereavement leave must be completed within 60 days after the date on which the employee receives notice of the death of the child.... More
  • Are You Ready for New Laws in 2017? We’ve Started a List I know what you’re thinking, it’s not even September yet.  I’ll worry about January sometime in December. The beginning of the year may seem like a long way away, but it can sneak up on you.  I often have employers who are scrambling at the end of the year to understand legal changes and to update policies to insure compliance. In the spirit of getting ready to go back to school, we thought we’d start educating employers now of the changes to come and... More
  • Fox Rothschild Named as One of the Top 50 Law Firms for Women We are honored to have been named by Working Mother Media and Flex-Time Lawyers as one of the 50 best law firms for women.  This is the fourth time we have been named to the list. Our Firm works very hard to insure the advancement and retention of all attorneys, but we do have targeted initiatives, such as our Women’s Initiative, to focus on female attorneys. The Women’s Initiative, along with the Diversity Committee, serve as resources and advocates for minority... More
  • Denver Gets Hit with a Mile High Damages Award A Colorado federal judge recently ordered the City and County of Denver to pay $1.67 million to job applicants who alleged that Denver’s employment screening tests had a disparate impact on black and Latino applicants.  The class action was tried in an 8-day bench trial in April 2016 after Judge Krieger denied summary judgment. Denver used ACCUPLACER tests published by College Board as pre-placement tests.  The tests were developed to place students in college-level courses and were not validated for use in... More
  • DOL Persuader Rule Enjoined We don’t normally talk a lot about NLRB decisions and rulings related to the NLRB on this blog.  However, in light of the importance of the DOL Persuader rule, we wanted to update you on events that have management-side attorneys jumping for joy. If you are thinking to yourself that you have no idea what the DOL Persuader rule is, the short version is that it would have directly impacted the advice that attorneys could give employers during union organizing campaigns... 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
  • Employee Leave Questions Got You Down? Employee leave issues can be exceedingly complicated given the interplay between local, state and federal laws.  If you have questions, hopefully, I can help.  I will be giving a webinar through Lorman on June 23rd at 1 pm EST entitled “Legal and Practical Solutions for Accommodating Employees with Serious Illnesses.” I am pleased to be able to offer you a 50% discount off the normal prices.  To register, click the above link and put in the following discount codes. Discount code: B5513783  Priority... More
  • New Jersey Senate Delays Vote on Paid Sick Leave Bill Yesterday, the New Jersey Senate was set to vote on S799.  However, the bill was pulled from the agenda and no action was taken.  If passed, the bill would require “large” employers, those with 10 or more employees, to provide up to 9 days of paid sick leave per year.  Smaller employers will have to provide 5 days of paid sick leave per year. Even if the bill passed the Senate and then the Assembly, it is unclear if Governor Christie... 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
  • Sick Leave Laws Are the Big Trend for 2016 I was just reading an article about labor and employment cases that employers will be watching in 2016.  The article got me thinking about legislation to watch in 2016. The biggest nationwide trend is sick leave.  Effective today, thanks to Ordinance 121501, New Brunswick, New Jersey becomes the 10th municipality in New Jersey with a paid sick leave law.  New Brunswick will soon be followed by Elizabeth, whose Paid Sick Leave law passed by ballot initiative goes into effect, March 2, 2016.... More
  • Will the Decision Stand in the First NLRB Case Applying the Browning-Ferris Joint Employer Test? Franchisors recently got a little jolt of confidence  that perhaps not every franchise relationship would create a joint employment relationship under the National Labor Relations Board Browning-Ferris Industries, 362 NLRB No 186 decision. On October 21, 2015, the  Green Jobworks -ACECO NLRB decision was issued by the Region 5 Regional Director.  This was the first decision addressing joint employment since the Browning-Ferris decision. In the Green JobWorks case, the Union unsuccessfully argued that ACECO and Green JobWorks (“GJW”) were joint employers.  The two companies had... More