Blogs

We are proud to offer a selection of blogs covering different areas of labor and employment law, as well as geographies. Please see below for a brief description of each, or jump to our recent posts.

California Employment Law Blog

Labor and Employment attorneys Keith Chrestionson, Alex Hernaez, Jeff Polsky and Nancy Yaffe discuss a wide variety of legal challenges faced by California employers, including class actions, wage and hour, overtime, discrimination, harassment and privacy issues.
View the California Employment Law Blog

Employment Discrimination Report Blog

The firm's Employment Discrimination Report 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.
View the Employment Discrimination Report Blog

Immigration View Blog

U.S. immigration law comprises a system of highly complex, intricate, many-layered statutes, regulations, informal agency materials and policies which are often influenced by the current political climate. Anyone attempting to navigate this system needs attorneys well versed in the nuances of this multifaceted process. Join our experienced immigration bloggers as they provide regular updates for employers on the full gamut of immigration issues ranging from hiring, compliance and employment best practices to the latest developments in visa news and coverage of significant immigration-related decisions, as well as practical advice to ease the immigration process.
View the Immigration View Blog

Wage & Hour — Developments & Highlights Blog

Mark Tabakman lends his more than 20 years of experience advising clients throughout the country on all aspects of labor relations and employment law, and development of corporate employment policies to Fox's Wage & Hour — Developments & Highlights blog. Join Mark as he discusses issues dealing with class actions, independent contractors, and exemptions.
View the Wage & Hour — Developments & Highlights Blog

Recent Blog Posts

  • Immigrant Visa Processing Changes – EB1 China/India will become current; EB2/3 India and China continue to advance; EB2/3 Worldwide will remain current; Visa Office on Priority Dates, Demand, and Predictions In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various immigrant preference categories with AILA (the American Immigration Lawyers’ Association). Below are highlights from the most recent “check-in with Charlie” (August 11, 2017), reflecting his analysis of current trends and future projections for the various immigrant preference categories. As the September Visa Bulletin sets forth the final... More
  • What Can a California Employer Do About Off Duty Conduct? The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct.  The contexts are vast and varied: An engineer who shares his views about why there are so few women in tech; A prominent medical school dean who engages in excessive drug use and associates with prostitutes in hotel rooms; Workers “outed” for participating in a pro-White Supremacist rally. What is interesting from an employment law perspective, is that California limits how much a private sector employer can do... More
  • Yes, Neo-Nazis at Charlottesville Can Be Legally Fired from their Jobs First, let us start by saying that we are saddened by the tragic and violent events that occurred in Charlottesville over the weekend.  Our hearts go out to the families and friends of Heather Heyer,  Lt. H. Jay Cullen, and Berke M.M. Bates. Second, let us address a question that is appearing on a lot of social media threads — can/should the Neo-Nazis who participated in Saturday’s protest be fired from their jobs? “Should” they be fired is not really a question we... More
  • Governor Christie Vetoes Paid Family Leave Law A couple of weeks ago we asked whether the federal government would pass a paid family leave law.  Although it is still unclear whether a federal law will pass, it is clear, for now, that there will not  be an expansion of paid family leave in New Jersey. Governor Christie vetoed legislation that would have expanded paid family leave.  In his veto remarks, Governor Christie complained about the financial impact of the law. The veto is conditional, meaning if the legislature approved... More
  • Employment Law Bloopers and Lessons Learned So many times an employer gets in trouble for following logic instead of the law.  Quite often what is logical just isn’t legal, and that can be tricky for many managers and HR professionals.  It trips them up.  That’s why one of my favorite topics to speak about is Employment Law Bloopers and Lessons Learned. If you are interested in this topic, and like to learn employment law from stories (instead of detailed powerpoints with dense legal citations), then you have... More
  • Another USDOL Audit of Gas Stations Yields Big Dollars for Employees There have been many investigations of gas stations by the US Department of Labor. Like other retail industries, these businesses sometimes work their employees long hours for a set salary or lump sum of money. The problem is that in these scenarios, the employer is likely not paying proper overtime. It has happened again, in New Jersey. A chain of six southern New Jersey gas stations will pay twenty-seven (27) workers almost $500,000 in back pay and liquidated damages in an... More
  • House Republicans Introduce Joint Employer Legislation To Overturn Browning-Ferris The joint employer possibility is a dangerous one for employers, as two related (or semi-related) entities may be held liable for overtime monies if the hours worked by employees at the two (or more) entities exceed 40. Now, Republicans in the House of Representatives have introduced a bill to narrow the definition of joint employment under federal wage-hour and labor law. This would provide businesses clear and bright lines for how they structure deals with contractors, but employee advocates take... More
  • 5 Steps to Prevent Third-Party Harassment Claims Koko the Gorilla, who turned 36 last month, has quite a following. Much of that has to do with the fact that she purportedly has a vocabulary of over 1000 words that she communicates through sign language. If this were a blog about linguistics, primate behavior, or how the Planet of the Apes movies are a cautionary tale about future inter-species conflict, we’d delve into that further. But it’s not. So let’s talk about another thing Koko is famous for. Koko... More
  • USDOL Information Request Indicates the Direction It Wants the New OT Exemption Rules To Go I have blogged often on these new OT regulations and now it seems the game is continuing, with opposition (not unexpected) from the current administration. The USDOL has released its request for information (RFI) on the revision of the white-collar overtime exemption rules. This has engendered, and will continue to engender, a great deal of controversy. The Obama administration-authored changes to the rules would double the salary level for workers to qualify as overtime-exempt. The request for information requests stakeholder input... More
  • Premium Processing Resumes for Certain Cap-Exempt H-1B Petitions, Effective Immediately The US Citizenship and Immigration Service (USCIS) announced today, July 24, 2017, that it will again expand its resumption of premium processing for certain types of H-1B petitions. Effective immediately, H-1B petitioners who are (or have a sound argument that they are) exempt from the H-1B cap, are eligible to request premium processing.  This includes petitioners that are: An institution of higher education, A nonprofit related to or affiliated with an institution of higher education, or A nonprofit research or governmental research organization. In addition,... More
  • Be One of Our ABA Blawg 100 Amici! Every year, the ABA Journal invites nominations for its Blawg 100 list, a compilation of staff and reader “favorites” within the legal blogosphere. The rigorous selection process for the 2017 list has begun, with the magazine calling for recommendations from “Blawg Amici” – regular readers who wish to support and spread the word about their favorite legal blogs. Here’s a sampling of posts from the past year: Revised Form I-9 Now Available Immigrant Visa Processing Changes… (July 12, 2017) Travel Ban Reinstated – DHS and DOS... More
  • Go Fish: Discovery in PAGA Actions Just Got Easier Guest post by Charlie Nelson Keever: Brace yourself.  Plaintiffs can now use representative PAGA actions as the basis for a statewide “fishing expedition” to discover alleged employer misconduct. Copyright: iqoncept / 123RF Stock Photo Now, I’m a baby lawyer (or, more aptly, an almost baby lawyer) – I’m a Summer Associate trying to figure out what this means so I can tell you all about it. And while my brilliant and talented supervising attorney (Hey, Nancy Yaffe!) assures me that I’ve understood this... More
  • Be One of Our ABA Blawg 100 Amici! Every year, the ABA Journal invites nominations for its Blawg 100 list, a compilation of staff and reader “favorites” within the legal blogosphere. The rigorous selection process for the 2017 list has begun, with the magazine calling for recommendations from “Blawg Amici” – regular readers who wish to support and spread the word about their favorite legal blogs. Here’s a sampling of posts from the past year: 22 Steps Companies Can Take to Protect Their Trade Secrets California Employers Get Some Clarity on “Day of... More
  • Where Do Fitness Instructors “Fit” in the Current Worker Classification System? Guest blog post by Mikella Wickham: They say location is everything in business.  How about classification of workers? In certain industries, workers have a unique combination of specified skills and Copyright: wavebreakmediamicro / 123RF Stock Photo. relative freedom to do their job.  As a result, small businesses are stuck between a rock and a hard place when deciding whether their workers are employees or independent contractors.  Of the many small businesses that want to pay their workers fairly and legally, it is becoming harder to... More
  • New Harassment Checklists from the EEOC A year ago, I wrote about a report from an EEOC Task Force on risk factors for workplace harassment. Well the Select Task Force on the Study of Harassment in the Workplace continues studying away and has issued some new materials. They consist of: A chart on risk factors for workplace harassment – As we noted in our prior post, a diverse workplace where everyone conforms to the same norms, people behave appropriately at all times, you don’t hire those pesky young people, you... More