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
- EB-5 Alert! DHS to Publish Proposed Rules Addressing TEAs and Minimum Investment Amount Ali Brodie writes: Today, January 13, the Department of Homeland Security (DHS) will expand upon the notice of proposed rulemaking released on January 11, 2017 by publishing a Notice of Proposed Rulemaking in the Federal Register, titled ‘EB-5 Immigrant Investor Program Modernization,’ addressing a variety of policy issues including Targeted Employment Area (TEA) designation and minimum investment amounts. Notably, minimum investment amounts may increase from $500,000 to $1.35 million for TEA investments, and from $1 million to $1.8 million for non-TEA... More
- Top 10 Trends Facing California Employers in 2017 A new year brings a new top 10 list! Copyright: dinozzz / 123RF Stock Photo With a very Democratic state legislature that is well positioned to offset a very Republican White House, this Alert sets forth the top 10 trends I saw in my practice from 2016 that inform what California employers can expect in 2017.... More
- When It Comes to Gender Equity in Workplace Activities, Shoot for Total Parity This past week, a news story appeared in New Jersey that caught my eye. It was the story of an eighth grade female basketball player at St. Theresa’s school in Union County. Admittedly, the story initially piqued my interest because it was set at was my childhood parish, with the accompanying warm memories of playing basketball in the parish hall gym. But after reading the story, it was a great illustration of how to handle opportunities in the workplace that, for... More
- What Does It Mean That CA Employers Must “Relinquish All Control” During Breaks? Let’s pick up where we left off. In our last post of 2016, I was complaining about the California Supreme Court’s decision in Augustus v. ABM Security Services, Inc. The majority opinion in that case said that employees who were required to carry phones or pagers on their rest breaks, even if they didn’t get called or paged, were deprived of their statutory breaks and were therefore owed a one-hour penalty. While I found plenty to complain about in that decision... More
- The Last of Our List of New Employment Laws Effective January 2017 We are just rounding out our list of new employment laws before the clock strikes midnight tomorrow. If you missed the first two parts of our list of new laws, you can find them here and here. It seems that we are not done with sick leave laws. Illinois recently passed the Employee Sick Leave Act. Before Illinois employers panic, this law does not require that employers provide paid or unpaid sick leave. The law simply requires that employees be given greater... More
- Immigrant Registrations Obsolete and Active One of the possible weapons that could have been used to target certain immigrants, especially Muslim immigrants, was removed from the Immigration Regulations of the Department of Homeland Security on December 23, 2016. NSEERS, National Security Entry-Exit Registry System, was a post-9/11 reaction to terrorist attacks on our country. Under the NSEERS program, approximately 90,000 non-immigrants in the US from 25 different countries were required to report to Immigration (then INS) and be personally interviewed to determine if they were in... More
- The End is Nigh The end of the year, that is. Although given the number of celebrity deaths in the last week, I think some people might be reading that headline a little more broadly. We are not making doomsday predictions, however. Back in the fall, we started a list of employment laws that were going to go into effect in January 2017. We tried to get a jump start on the list as we knew how quickly the end of the year can... More
- “Mud Men” Reach Settlement In Overtime Suit I love this one. For the title of the worker classification involved. It appears that a class of drilling fluid specialists, commonly referred to as “mud men,” has reached a $7 million settlement in its wage and hour suit against M-I LLC. The case is entitled Syed et al. v. M-I LLC and was filed in federal court in the Eastern District of California. The employees worked in drilling operations in Bakersfield, Calif. They claimed they were compelled to work either... More
- CA Employees Required to Carry Radios or Pagers on Rest Breaks Are Owed a Penalty The worst aspect of California employment law is the way it combines unclear requirements with exorbitant penalties for noncompliance. So employers can’t necessarily tell what the law requires and, if they get it wrong, face crippling financial penalties. The latest illustration of that principle comes from the California Supreme Court’s December 22, 2016 opinion in Augustus v. ABM Security Services, Inc. The plaintiffs in this consolidated class action worked as security guards and were required to keep their pagers and radio... More
- USCIS Releases New Form Versions, Effective Immediately, without prior notice Today, December 23, 2016, USCIS posted a large number of new form versions. The forms all have an effective date of today, December 23, 2016, and the website indicates that no other versions of the forms are acceptable, with the exception of Form I-129. It appears USCIS is continuing to accept prior version of Form I-129. No prior notice of these changes was given, and there was no alert sent to stakeholders today. Because USCIS elected to deviate from its... More
- Employer Wins Sanctions Against USDOL In Overtime Case—The Wheel Turns The Other Way Copyright: severija / 123RF Stock Photo Usually, it is the USDOL that is seeking sanctions against an employer who has, in wholesale fashion, violated the Fair Labor Standards Act. Well, for once that wheel has turned the other way. A federal judge has just sanctioned Labor Secretary Tom Perez for discovery failures and the Court prevented the government from calling witnesses at trial. Further, the lawyer representing the agency has sought permission to withdraw from the case. The case is entitled... More
- Legislative Update: Effective Dec. 30, New Employment Protections in Delaware Delaware’s legislature and Governor have been busy bees in 2016. This post details three protections added to Delaware’s employment discrimination law in 2016, two of which become effective on December 30th (i.e., next Friday). Specifically, these laws protect employees on the basis of an employee’s (1) reproductive health decisions, (2) family responsibilities, and (3) wage discussions or disclosures. Also worth noting: each of these three provisions applies to employers who have 4 or more employees within the state at the time... More
- Employee Lawsuit Claims Discrimination Based on Her Husband’s Race (Or: Associational Race Discrimination 101) Bloomberg BNA is out with a news story about a recent case filed in federal court in Georgia, which poses an interesting question: does Title VII protect an employee on the basis of his or her spouse being a member of a different race from the employee? Among the Circuit Courts of Appeals that have tackled this question, the answer is yes. We’ll get to the reason why momentarily, but first, let’s take a look at the new case in Georgia: Costco Wholesale... More
- Handbooks, Onboarding and Gingerbread Lattes My December routine is pretty predictable…sitting by the fire with my favorite holiday season beverage and my laptop fully charged to update employment handbooks and forms for the new year. As an employment law policy and counseling specialist, I’m working on handbook number seven so far this month and thought I would share some of my specific updates with you. Paid Sick Leave Though Los Angeles City Paid Sick Leave went into effect July 1, 2016, there are many employers without compliant policies. The... More
- 5 Things LA Employers Must Do Now To Comply With New “Ban the Box” Ordinance If you’re a city contractor or private employer in the City of Los Angeles with 10 or more employees, starting January 22, 2017 you will be subject to new restrictions on how you deal with job applicants’ criminal histories. The only employers exempt from these requirements will be those that are required by law to obtain conviction information, are prohibited by law from hiring applicants convicted of a crime, are seeking to fill positions that applicants with convictions are prohibited... More