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.
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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.
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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.
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Management & Labor Report
Management & Labor Report is a blog that focuses on trends and developments in labor law. The primary focus is cases before the National Labor Relations Board (NLRB) and the federal courts that have the potential for setting new precedents or modifying existing precedent. Authored by attorneys in Fox Rothschild’s Labor Management Relations practice group, the blog provides insights and analysis of decisions that could potentially have an impact beyond the parties involved. Topics covered include collective bargaining, the relationship and interactions between an employer and union, union elections and other workplace conduct as it applies to both union and non-union settings.
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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.
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Recent Blog Posts
- Regulatory Agenda of Trump Administration Indicates Significant DOL Changes The Trump Administration has issued its regulatory agenda, which is a semi-annual statement of the short- and long-term policy plans of government agencies. The DOL is at the forefront of these changes to come. The agency stated that it will revise the definition of “regular rate,” the number that forms the basis for overtime computations this coming September. A former lobbyist for the Chamber of Commerce applauded the DOL proposed initiative on the regular rate and called it “huge.” The Fair... More
- NJ Governor Issues Executive Order On Independent Contractors—The More Things Change, The More They Stay The Same I have done a lot of independent contractor work in New Jersey, defended many such cases, from (numerous) unemployment audits to FLSA class actions. The New Jersey test, the A-B-C test, is well-established and one of the hardest for the putative employer to prevail upon. The test was, just a few years ago, reinforced by the NJ Supreme Court. Now, Governor. Phil Murphy has signed an Executive Order creating a task force to look into this issue of employee misclassification,... More
- Immigrant Visa Processing Changes – EB1 China/India retrogress; EB2/3 India/China 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” (April 13, 2018), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie examines the dramatic final action dates... More
- California Law Protects Workers’ Rights – Who Knew? Employers are still reeling from last week’s decision in Dynamex Operations West, Inc. v. Superior Court, in which the California Supreme Court said that employers (and even a state agency that protects workers) were using the wrong standard to distinguish employees and independent contractors under the state’s Wage Orders. A month before that, in Alvarado v. Dart Container Corporation of California, the same court announced a more employee-friendly way of calculating overtime for employees who receive bonuses. These cases share two things. First, they put... More
- Columbia University Graduate Students End Their Strike…but the Saga Continues This past Monday, April 30, marked the conclusion of a weeklong strike conducted by Columbia graduate students at the University’s campus. Timing, as people say, is sometimes everything – especially in an ongoing labor dispute – and here these graduate students scheduled a strike for the last – and busiest – week of the semester. As such, the strike was expected to be problematic for both professors who rely on graduate students to teach classes, perform research, and grade papers and... More
- Minnesota Proposes Sweeping Change for Sexual Harassment Lawsuits Last week, Minnesota legislators introduced a bill to amend the definition of sexual harassment under state law. Indeed, this legislation has already received significant attention in the media throughout Minnesota. And although the bill adds only a single sentence to existing law, it has the potential to significantly reshape the legal landscape for employees who bring sexual harassment claims against their employers. The substantive text of the amendment reads as follows: An intimidating, hostile, or offensive environment … does not require the harassing... More
- NJ Becomes Tenth State to Mandate Paid Sick Leave Today, as expected, Governor Murphy signed into law the Paid Sick Leave Act. The Paid Sick Leave law is effective October 29, 2018. The Law requires all New Jersey employers, regardless of size, to provide up to 40 hours of paid sick leave per year. Full details about the law can be found in our alert here. Employers do have some time to get ready for the new law. Employers should review their paid time off policies to determine if changes need... More
- CA Supreme Court Turns Independent Contractor Analysis on its Head Determining whether a California worker is an independent contractor or an employee has always been difficult. Judges deciding the issue have complained that the test used by California courts “provides nothing remotely close to a clear answer.” Then there was the nail salon that was told by one state agency that its workers were employees and by another that they were independent contractors. So there’s no question that the law in this area has been messy. On Monday, it got considerably messier. That’s... More
- Remember, Protected Concerted Activity Can Take Many Forms… On April 20, 2018, the National Labor Relations Board, by adopting an ALJ’s decision, held that employees who replied in agreement to another employee’s critical group email about the employer’s workplace were engaged in protected concerted activities under the Act. The email discussed wages, work schedules, tip policies, working conditions, and management’s treatment of employees – all of which are protected topics of conversation as they encompass workers’ terms and conditions of employment. Notably, the email specifically addressed the other employees... More
- NLRB Follows Precedent Allowing Union Insignia At Work, But Did It Signal A Change? Though it may come as a surprise to some employers, the NLRB generally recognizes the right of employees to wear union insignia (pins with union logos, etc.) while at work. This rule applies to hospitals, but the Board and the courts, in recognition of the sensitive nature of working in medical facilities, have restricted employees’ rights to wear union insignia in “direct patient care areas.” A recent case, Long Beach Memorial Medical Center, 366 NLRB No. 66 (April 20, 2018),... More
- Eleventh Circuit Decision On Opt-In Consent Changes FLSA Collective Action Landscape Employers are always trying to cut off the head of a class action, i.e. the named plaintiff, in order to bring the case to an end. What happens when the named plaintiff is gone from the case but some people have opted in? Do they become named plaintiffs, with the case continuing? The Eleventh Circuit has seemingly answered that question in the affirmative. The court has just ruled that workers who opt into collective actions under the Fair Labor Standards... More
- Can You Fire Someone for Being a Sex Offender? It happens more often than you think. An employee in good standing is “outed” as being listed on a sex offender registry. His/her coworkers are up in arms. Now what? Can he/she be fired? Given California’s relatively new “ban the box” law, employers are limited in how they can use criminal history in employment decisions. For current employees, once a conviction is uncovered, you can’t automatically fire someone for it. Rather, employers must make an individualized assessment to determine if the... More
- Temporary Protected Status Terminated for Nepal As has become common under the present Administration, yet another country is losing Temporary Protected Status (TPS) designation. On April 26, 2018, Homeland Security Secretary Kirstjen M. Neilson announced that Nepal will lose TPS designation on June 24, 2019. As in past terminations, there is a delay of 12 months to allow for transition. The April 2015 earthquake and aftershocks decimated the nation and necessitated the designation of TPS for the nation. The Department of Homeland Security reviewed the disaster... More
- Despite Hy-Brand, Browning Ferris May Still Be Overruled Soon As my colleague Andrew MacDonald blogged on February 27 (here), the Board overturned its test for joint employer liability for the second time in approximately two months when it vacated Hy-Brand Contractors Ltd., 365 NLRB No. 156 (2017), which overruled the Obama Board’s decision in Browning Ferris Industries, 362 NLRB No. 186 (2015). Thus, Browning Ferris is currently law of the land, but perhaps not for long. Prior to Browning Ferris, the putative joint employer needed to exercise “direct” and “immediate”... More
- Governor Murphy Signs Pay Equity Bill The NJ legislature has been busy in recent weeks with new employment laws. Yesterday, Governor Murphy signed the Diane B. Allen Equal Pay Act, which will go into effect on July 1, 2018. The law is probably one of the broadest equal pay laws in the country. Unlike most equal pay laws that prohibit pay disparity based on gender, the law prohibits employers from discriminating against employees in compensation based on membership in any protected class. This means employers might see... More