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

  • Will Paid Family Leave Become the Law of the Land? Included in President Trump’s 2018 budget proposal is a request for funding a paid leave program.  The program would require $19 billion from the budget and would provide that employees were entitled to 6 weeks of paid leave from work. So far, Republicans have not warmed to the idea. Yesterday, at least 100 Democrats wrote a letter to President Trump also expressing concerns over the proposal.  However, the Democrats are concerned that the proposal does not go far enough. Democrats are pushing... More
  • Arizona Sick Leave Law Goes in Effect July 1st: Are you ready? In November, voters in Arizona approved a ballot initiative that would require employers to provide paid sick leave.  The law goes into effect tomorrow. Under the law, Arizona employers with less than 15 employees will have to provide up to 24 hours of paid sick leave.  Employers with 15 or more employees will have to provide up to 40 hours of paid sick leave. In anticipation of the law, the Arizona Industrial Commission has issued FAQs, which can be found here.  The... 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
  • Document. Document. Document: A Must in the Employment Context I am sure that a lot employers lost productive work time yesterday with the Comey hearing. I must admit that I did not watch the Comey testimony yesterday.  I actually had a busy day and was afraid of getting sucked down the rabbit hole.  I do intend to catch up on it.  If you are so inclined, the New York Times has the full video and a transcript of the testimony. I did read the seven page statement Comey released in anticipation of... More
  • “You’re Fired” is not a Good Response to a Report of Harassment This is not a post about any of the activities of the Trump Administration even though the headline uses his catch phrase.  We are taking a break from our multi-part series of commenting on the investigation of Trump’s ties to Russia to address a completely different topic.  Retaliation.  (Okay, maybe not a totally different topic depending on what really was the reason for Director Comey’s firing). Law 360 is reporting that a former Giants’ defensive lineman is suing his former employer... 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
  • 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
  • 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