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

  • 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
  • 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
  • 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
  • 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