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
- Governor Signs, Vetoes Pay Equity Bills Governor Brown is in that final flurry of signing and rejecting bills sent to him at the end of the legislative session. Two of those bills that we have been following involved pay equity issues. The Governor approved one, and vetoed the other. The Governor signed into law AB 168, which bars employers from asking job applicants about their previous salary. The stated goal of the legislation is to narrow the gender gap by preventing employers from basing offers on prior... More
- California Guarantees Job Protection for More New Parents Starting January 1, 2018, new parents in California can rest a bit easier. Governor Jerry Brown signed SB 63, officially titled the Parental Leave Act, into law yesterday which will impact employers with between 20 and 49 employees–in other words, employers who are not subject to the federal FMLA. Mirroring the FMLA employee eligibility requirements, the new Act allows employees who work for a covered employer to take 12-weeks of unpaid, job-protected leave if they have worked a minimum of 1,250 hours... More
- California Supreme Court To Decide Whether OSHA Preempts District Attorney UCL Suit Over Workplace Safety In 2009, a tragic accident occurred at a manufacturing plant in Orange County when a water heater exploded and killed two employees. The incident was duly investigated by Cal OSHA, and criminal charges were eventually brought against two individuals. Then the Orange County District Attorney decided to seek huge civil penalties against the employer under California’s Unfair Competition Law (“UCL”). The trial judge was prepared to allow the case to go forward, but the Court of Appeal issued a writ... More
- Massachusetts Will Require Accommodations for Pregnant Employees As of April 1, 2018, employers in Massachusetts will be required to provide accommodations to pregnant employees. In July, the Governor signed into law the Pregnant Workers Fairness Act that amends the Massachusetts’ general discrimination law to require employers to provide a reasonable accommodation to pregnant employees and to prevent employers from discriminating against pregnant employees who request an accommodation. Under the law, there is no set guarantee of leave, but paid or unpaid leave to recover from childbirth may be a... More
- ICE levies largest settlement ever: Asplundh Tree Expert Co to pay $95 million dollars. Asplundh Tree Expert Co., one of the largest privately owned corporations in the country, with 30,000 employees and 3.5 billion in annual sales, according to Forbes, has been ordered to pay $95 million in the largest fine against a company for hiring thousands of immigrants who did not have permission to work in the U.S., according to federal officials. Asplundh, a 90-year-old, family-owned company that employs 30,000 workers in the U.S., Canada, Australia, and New Zealand, clears brush and vegetation... More
- USCIS Reinstates Premium Processing for ALL H-1B Petitions On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting premium processing requests for all categories of H-1B petitions. In March 2017, USCIS had suspended the premium processing program for H-1B petitions, citing the need to reduce its overwhelming processing backlog. Over the past several months, USCIS phased in premium processing for certain limited categories of H-1B petitions. USCIS’s latest announcement allows employers to file any type of H-1B petition, including those seeking extension of... More
- More Law Firms Hit With FLSA Misclassification Claims: A Cautionary Tale I have written a number of times about law firms that have been sued in FLSA actions. Another example. Employees have sued two Florida personal injury law firms, alleging that they were misclassified and not properly paid proper overtime wages in violation of the Fair Labor Standards Act. In fact, there are two class actions filed. The cases are entitled Durrett v. Disparti Law Group PA et al and Hinkle v. Jodat Law Group PA. et al. Both cases were filed... More
- Supreme Court (Once Again) Poised To End Compulsory Union Dues For Public Employees In January of last year, we noted that the U.S. Supreme Court was poised to end compulsory union dues for California teachers and other public employees. Then in February of last year, Justice Antonin Scalia died. In March of last year, we blogged that the unions had breathed a big sigh of relief when the Supreme Court then split 4-4 in Freidrich v. California Teachers Association, thus upholding the Ninth Circuit ruling denying the constitutional challenge to compulsory dues. We... More
- A Chart Summarizing CA’s State and Local Paid Sick Leave Rules Tyreen Torner has just updated this CA State & Local PSL Chart. It summarizes the Paid Sick Leave laws for California and the eight cities that have their own rules (LA, SF, San Diego, Oakland, Berkeley, Santa Monica, and Emeryville). Have you ever wondered how the accrual cap rules in Santa Monica compare to the accrual cap rules in San Diego? Of course you have! Don’t be embarrassed. Are you curious about how the definition of sibling in San Francisco compares to the definition... More
- Bank Files Cert Petition to US Supreme Court On Administrative Exemption: The Neverendng Story There have been so many cases involving employees in the financial services industries and their exempt status or lack thereof. In another variation on this theme, Provident Savings Bank is seeking review by the US Supreme Court of a Ninth Circuit decision that gave new life to allegations that its mortgage underwriters are non-exempt and entitled to overtime. The bank asserts that these employees are exempt under USDOL regulations, i.e. the administrative regulations. The case is entitled Provident Savings Bank,... More
- Seventh Circuit Says Extended Medical Leave is Not a Reasonable Accommodation under the ADA On September 20, 2017, the Seventh Circuit Court of Appeals issued a decision that a requested three month medical leave due to a disability was not a reasonable accommodation under the ADA. Although there is some discussion of the particular facts in the case, much to the delight of management-side attorneys like me, the case goes beyond saying that the leave was not reasonable in this particular circumstance. Instead the Court noted that the ADA is not a medical leave statute. The... More
- NLRB Rules That Workplace Recording Prohibitions Are Unlawful Now that most, if not all, employees have smartphones with cameras in their pockets at all times, some employers have prohibited recording in the workplace. However, recent decisions by the National Labor Relations Board (“NLRB” or “the Board”) have found that “no recording” policies are illegal under the National Labor Relations Act (“the Act”). In fact, one case was upheld by a federal circuit court of appeals. Whole Foods Mkt. Grp. Inc. v. NLRB, Civ. 16-0002 (2nd Cir., June 1,... More
- Is Pawternity Leave The Next New Trend? There are few things I love more in life other than dogs and beer. So when I saw this article I was delighted! A beer company, called BrewDog, has decided to pay its employees a week of new puppy leave dubbed “pawternity” or “mutternity” leave when an employee gets a new puppy or adopts a dog. 29893089 – dog drinking beer tosa inu cute puppy lying on the grass and drinking beer In my adult life I have raised three puppies, and... More
- Three “Job Killer” Bills Sent To Governor The California Legislature has completed its work for this session, and three bills concerning employment issues survived the process and have been sent to Governor Brown for his consideration and possible signature. All three of these prospective laws have been labeled “job killers” by the California Chamber of Commerce which is lobbying heavily against the bills. Opposing the Chamber on these issues are the state’s unions and the organized plaintiffs’ bar. AB 1209 would require employers to report wage payments by... More
- Beauty School Students Are “Dropouts” From the FLSA According to Seventh Circuit In the movie “Grease,” there is a song entitled “Beauty School Dropout,” sung by Frankie Avalon. Well, in a legal version of that number, the Seventh Circuit has affirmed that beauty school students have, sort of, dropped out of the FLSA as they are not considered employees. The case is entitled Hollins v. Regency Corp., and issued from the Seventh Circuit Court of Appeals. The decision affirmed a lower court decision, holding that a cosmetology student who worked at the beauty... More