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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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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Tech in the Workplace
Technology confounds as much as it delights. This paradox is particularly true for employers. This blog examines the growing intersection of employment law and technology, reporting on new technological advances and what they mean for corporations as they manage their employees. Tech in the Workplace follows the developing employment law on issues of privacy and social media, and how it is affected by new technologies.
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Recent Blog Posts
- ADA/FEHA Reasonable Accommodation Issues – Come Hear Me Speak Reasonable accommodation issues are tough. Employees often want a lot of things that are not justified by a doctor’s note, and appropriately documenting the interactive process can be an uphill battle. If you are in the LA area and have burning questions about how to reasonably accommodate employees under the ADA and California’s FEHA, then please come hear me speak for the LACBA on October 27th. Topics for discussion will include: Disability Leave: How long is too long? How long do you... More
- Business Groups Want Fast Hearing On DOL Changes: Hope They Get It! I blogged about this a short time ago. More than fifty (50) business groups requested that a US District Court Judge render a fast decision in the case involving the constitutionality of the USDOL’s new overtime regulations, i.e. the doubling of the salary threshold. The case is entitled Plano Chamber of Commerce et al. v. Perez and was filed in federal court in the Eastern District of Texas. Copyright: bbourdages / 123RF Stock Photo The theory is that the DOL exceeded its... More
- Lessons About Bullying from the Presidential Debate I have been conducting harassment prevention training for California clients since AB 1825 became effective back in 2005. After presenting what must be hundreds of sessions in the last decade, I am always on the look-out for new topics to discuss, and new hypotheticals to present, and sometimes the universe just cooperates with me. Watching the second Presidential debate last weekend was one of those experiences. Copyright: vadymvdrobot / 123RF Stock Photo Since 2015 (AB 2053), California law has required employers to train... More
- Tax Records Discoverable And, Maybe, ATM/Cell Phone Records Are As Well? I read an interesting post the other day by Michael Thompson in the Wage & Hour Defense Blog, in which he discussed the discoverability of plaintiff ATM and cell phone records in a FLSA collective action case. He discussed the case of Gonzalez v. Allied Concrete Industries, Inc., where the plaintiffs claimed they were not paid overtime in violation of the Fair Labor Standards Act and New York law. The case was filed in federal court in the Eastern District... More
- Transgender Police Officer Wins Title VII Claim Against School District Query: a longtime employee, who has previously identified in your workplace as female, begins dressing for work like a man, grooming according to male standards, and identifying as male. He begins to make arrangements to have his name formally changed, and a number of other legal documents changed as well. He also begins using the men’s room at work. Other coworkers complain about “a woman using the men’s bathroom at work.” What do you do? According to the U.S. District Court... More
- California’s Fair Pay Act Expanded to Include Race & Ethnicity California’s Fair Pay Act, already the broadest in the nation, has now been expanded in two key aspects: Copyright: rawpixel / 123RF Stock Photo First, the Governor approved SB 1063, so that the Fair Pay Act now protects against race-based disparities in pay. Specifically, employees who perform “substantially similar work” under similar working conditions, must be paid equally, unless the employer can demonstrate that the wage differential is based on either: A seniority system; A merit system; A system that measures quality or quantity of... More
- Governor Signs California “All Gender” Bathroom Bill We posted before on AB 1732, which Governor Brown signed yesterday. This law prohibits businesses and government entities from labeling any “single-user toilet facility” as either “male” or “female.” It defines “single-user toilet facility” as “a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.” The bill’s sponsor, Assemblyman Phil Ting (D-San Francisco) issued a statement that: Copyright: nu1983 / 123RF Stock Photo “California is charting a new course for equality. Restricting access to... More
- Trying Your Luck With Employees Who Are Compulsive Gamblers Gambling at casinos and on sports events have been a part of the fabric of American life since long before employment laws existed. Unfortunately, the thrill of the bet can give way to a compulsive addiction that, left unchecked, can destroy an individual’s life. If you have a workplace of any size, it is likely that there is at least one employee who suffers in silence from gambling addiction. In a large percentage of cases, this has no effect on the... More
- You’re Invited: Two Upcoming Webinars on Corporate Travel Policies and Electronic Device Use as Overtime Corporate travel spend is at great risk for non-compliance if business travelers make independent decisions about airlines, hotels and rental cars. In fact, companies that have a very loose travel policy, or no formal policy often end up with endlessly escalating travel expenses. Yet, preparing, approving and gaining travel policy support can be a daunting task, often creating more questions than answers. Learn how to build a travel policy that reflects company philosophy, avoids common mistakes under FLSA and DOL, and other... More
- Spoiler Alert: LA Hotel Ordinance Is Here to Stay There’s a new twist in the ongoing soap-opera like saga surrounding the Los Angeles Citywide Hotel Worker Minimum Wage Ordinance. The Hotel Associations that opposed the Ordinance have now dropped their two-year law suit to stop it. As we reported here and here, the Ordinance had an effective date of July 1, 2015 for hotels with 300 or more rooms and a July 1, 2016 effective date for hotels with 150 or more rooms. While preparing for and actually implementing the requirements in... More
- Lawsuits Filed In Effort To Stop New FLSA Salary Levels: An Exercise in Futility? For the last several months, I have been talking to and advising clients on strategies to deal with the advent of the new FLSA salary regulations, i.e. the $913 per week commencing December 1, 2016. Maybe all that was for naught? This is because more than fifty business groups and twenty-one (21) States have filed lawsuits challenging these rule changes. The theory is that the agency unconstitutionally exceeded its authority to establish a federal minimum salary level for exempt, white... 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
- New Arbitration Protections for CA Employees California’s legislature has passed two new statutes that increase the protections for employees arbitrating workplace disputes. SB 1007, which passed on September 1, 2016, gives any party to arbitration proceedings “the right to have a certified shorthand reporter transcribe any deposition, proceeding, or hearing as the official record.” I routinely advise employers to have depositions and hearings reported since it makes it easier to cite to the record when there’s a … um … a record. The other new statute, SB 1241, passed on... More
- Immigrant Visa Processing Changes – EB2 Worldwide current in Oct; EB2 India and China advance, but remain behind EB3; 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” (September 12, 2016), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie offers his analysis of current trends... More
- Another Judicially Ordered Production of Plaintiff Tax Returns in a FLSA Case: A New Trend? I recently blogged about the defendants in a FLSA case being able to secure plaintiff tax returns in discovery. Maybe that was the start of a trend. In a New Jersey case, a federal judge has ordered all of the named plaintiffs to produce tax returns for the tax years for which they claim damages in this action. The case is entitled Kim v. Dongbu Tour & Travel, Inc and was filed in federal court in the District of New... More