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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Recent Blog Posts
- Overtime Rules Enjoined: What Should Employers Do? On November 22, 2016, Judge Mazzant of the U.S. District Court for the Eastern District of Texas issued a nationwide injunction against the Department of Labor (DOL) blocking its Final Overtime Rule, which was set to go into effect on December 1, 2016. The injunction “preserves the status quo while the Court determines the Department [of Labor]’s authority to make the Final Rule as well as the Final Rule’s validity.” Moving forward, the Final Rule may face an uphill battle as the... More
- CA State Minimum Wage Increases on January 1, 2017 On January 1, 2017, the California minimum wage will increase for businesses with more than 25 employees from $10 per hour to $10.50 per hour. This is another step toward a $15 per hour minimum wage on January 1, 2022. You can see a schedule of the planned increases here. The legislation allows the governor to pause increases for a year if budget or economic factors dictate. Copyright: svlumagraphica / 123RF Stock Photo In addition, more than 20 cities and counties, three ports,... More
- What Employers Need To Know About The EEOC’s Updated Enforcement Plan Employers take note: the EEOC has issued an updated Strategic Enforcement Plan (“SEP”) for fiscal years 2017-2021. What’s a Strategic Enforcement Plan? The EEOC’s SEP describes the areas that will be a priority focus for its enforcement efforts over a particular period of time. In some instances, it describes a particular component of the employment relationship (for example, the application process) that it will scrutinize more. In other instances, it describes a particular basis of discrimination that it will focus on (for example, employees... More
- Use of Fluctuating Workweek Method To Compute Damages Disallowed A group of New Jersey sales associates who work in Dish Network LLC call centers urged a federal court to confirm a $1.9 million arbitration award stemming from a proposed class action, in which the workers said the satellite television provider miscalculated their overtime pay rates. The case is entitled Frisari v. Dish Network LLC, and was filed in federal court in the District of New Jersey. Copyright: foottoo / 123RF Stock Photo The workers urge that the award, which gave the... More
- Federal Judge Blocks Overtime Rules Set to Take Effect December 1, 2016 Many employers have taken steps to comply with the US Department of Labor’s Final Overtime Rule that was set to take effect on December 1st. But yesterday, a District Court judge in Texas issued a temporary injunction barring the rules from taking effect nationwide. You can read our take on the issue here. Copyright: rangizzz / 123RF Stock Photo... More
- Efforts to Address Immigration Anxiety As people digest the possible immigration changes of a new administration in Washington, there is an effort to calm the anxiety. Today, President Obama issued a statement that is aimed at “Dreamers” who have had the opportunity to come out of the shadows, secure a legal status, including employment authorization and a driver’s license by virtue of the DACA (Deferred Action for Childhood Arrivals). DACA is based on executive action and may be done away with by a new administration. ... More
- Immigration… One Week After. It’s hard to write about the immigration consequences of the election in a non-political way. Campaign rhetoric makes millions of immigrants and millions more citizens anxious. The immigrants include people who are undocumented and those who are documented, new arrivals, longtime residents and prospective immigrants to the US. Most of the immigration–related campaign themes of President–elect Donald Trump concern undocumented and criminal immigrants, refugees and potential terrorists…not employment–based immigration for documented immigrants. “Building a wall” is both literal and figurative. ... More
- What California’s Blue Bubble Means for Employers While people have many questions and concerns arising from last week’s presidential election, one thing is for sure: California remains entrenched in a very deep blue bubble. Copyright: alphaspirit / 123RF Stock Photo To say that California leans democratic is an understatement, and the votes on progressive issues showed it. Californians voted to extend progressive tax rates, restrict ammunition sales, legalize recreational marijuana (although you can’t buy it until the state licenses distributors, so no lighting up yet!), increase the cigarette tax,... More
- New Form I-9 Released U.S. Citizenship and Immigration Services (USCIS) released a new revised version of Form I-9 on Monday, November 14, 2016. The previous editions of the Form (with “03/08/13” in the lower left corner) will remain valid until January 21, 2017. After this date, only the new Form (with “11/14/16” in the lower left corner) is acceptable. Both the English and Spanish (available for use only in Puerto Rico) have been revised. All U.S. employers are required to complete a Form I-9 for... More
- Newly Reclassified Employees Still Seek Overtime for Alleged Earlier Misclassification: That’s Not Nice! A group of field service engineers have filed a FLSA suit against Alcon Laboratories, on the theory that the company misclassified them as exempt employees. They seek conditional class certification, alleging that they were consistently denied overtime pay. The case is entitled Voss v. Alcon Laboratories Inc., and was filed in federal court in the District of Minnesota. Copyright: nd3000 / 123RF Stock Photo The allegation is that the Company wrongfully classified field service engineers as exempt until the Company changed their... More
- The New I-9 is coming The Office of Management and Budget (“OMB”) has approved the latest revisions to the current Form I-9, which expired on March 31, 2016 but remains valid until the new edition is released. The new form will replace the 2013 version and will be valid until August 31, 2019. The OMB notice indicates that USCIS “may accept the prior version of Form I-9, for 150 days,” however, USCIS has yet to issue any statements or any intended plans on when it will... More
- Use of Labor Law Preemption in FLSA Case Is a Good Start Whenever a FLSA suit is lodged against a unionized employer, I always look for the possibility of a preemption defense, which will, in one fell swoop, doom the entire litigation. If the Court finds that the matter is governed by the parties’ labor contract and is better and properly left for the arbitration (or NLRB) process, then the Court does not have jurisdiction. In a recent case, FreshPoint Inc. has tried to argue just that. The Company has urged dismissal... 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
- ADA/FEHA Interactive Process Issues – Debate Over Doctor’s Notes I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability rights expert/mediator. Copyright: hvostik / 123RF Stock Photo Despite our differing points of view, there were many things we agreed upon, including the need for employers and employees to actively engage together in an interactive dialogue (not monologue) about requested accommodations, and what might work for both the employer... More
- New California Employment Laws for 2017 Here’s your annual roundup of new California employment laws. Since we’ve discussed many of these laws when they were enacted, I’m including links to those earlier discussions. Changes to California’s Fair Pay Act – When it was enacted at the start of 2016, the Fair Pay Act was the most exacting equal pay law in the country. Effective January 1, 2017, following the passage of SB 1063 and AB 1676, it’s expanding substantially. First, the requirement of equal pay for substantially similar... More