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
- 7 Takeaways from the EEOC’s Guidance on Mental Health Conditions A December 2016 publication from the EEOC titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights” doesn’t exactly break new ground. It does, however, highlight issues that arise repeatedly in disability discrimination cases and, therefore, bear repeating. Here are the key takeaways: The definition of what constitutes a disability is broader than many realize. The guidance tells employees: “You can get a reasonable accommodation for any mental health condition that would, if left untreated, ‘substantially limit’ your ability... More
- Future of California’s Marijuana Laws Appears Hazy What do you get when you cross blue state liberal marijuana laws with red state conservatism? A purple haze. Copyright: chris2766 / 123RF Stock Photo California voters approved recreational use of marijuana for adults in the November 2016 election. But federal law still characterizes marijuana as a Schedule I narcotic. The extent to which the current administration will attempt to enforce federal marijuana laws in more permissive states is anyone’s guess. White House Press Secretary Sean Spicer made comments at a press conference... More
- Trump Administration Eliminates Transgender Student Bathroom Guidance Yesterday, the newly confirmed Education Secretary and Attorney General issued a joint letter eliminating the Obama administration’s guidance from last year addressing the issue of bathroom use by transgendered students. Specifically, the former guidance had said that schools must allow students to use the bathroom of the gender with which they identify, even if that gender is different from the students’ biological gender. The Obama administration had decided that under Title IX, discrimination based on transgender was sex discrimination. This guidance... More
- Commission Sales Representatives Seek Conditional Certification in FLSA Collective Action: Is There A Defense? A group of sales representatives for a car dealership have requested conditional certification in a Fair Labor Standards Act case. The employees allege that they were paid less than minimum wage and were not properly paid their commissions. The case is entitled Hotaranu et al. v. Star Nissan Inc. and was filed in federal court in the Eastern District of New York. Copyright: happyalex / 123RF Stock Photo The named plaintiffs contend that they only received a base rate of $100 per... More
- USCIS Publishes More Startup-Friendly International Entrepreneur Rule, But Future Remains Unclear Copyright: dvrcan / 123RF Stock Photo On our Emerging Companies Insider blog, Fox associate Alex Radus provided an update on the new International Entrepreneur Rule by the U.S. Citizenship and Immigration Services (USCIS). The rule, which would grant limited entrée to entrepreneurs establishing stateside startups, has undergone a public comment period. Slated to become effective July 17, 2017, the rule would permit the Secretary of Homeland Security to offer parole (temporary permission to be in the U.S.) to individuals whose businesses provide “significant... More
- Airline Avoids Liability for Training Time Activity – Court Holds It Was Not “Work” The issue of whether to pay for training time is a vexing one. In a recent case, a major airline avoided liability (for the most part) in a FLSA collective action alleging that it did not pay workers for time spent in a customer service-training program. The Court held that the trainees were not employees “engaged” in work. The case is entitled Otico v. Hawaiian Airlines Inc., and was filed in federal court in the Northern District of California. Copyright: khunaspix... More
- Federal Appeals Panel Upholds Injunction Blocking Trump’s Immigration Ban A unanimous three-judge panel has rejected the Trump Administration’s bid to revive a travel ban that would have blocked most travel into the United States by natives of seven Middle Eastern and African countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. For businesses, universities, individuals and others potentially affected by Trump’s executive order, the situation remains far from certain because the government has vowed to take the fight to the U.S. Supreme Court. In its Feb. 9 ruling, the Ninth... More
- Travel Ban Lifted: Court Grants Nationwide Temporary Restraining Order on Trump’s Executive Order On February 3, 2017, a Seattle federal court judge granted Washington State and Minnesota’s emergency motion for a temporary restraining order (TRO) in its challenge to President Trump’s Executive Order (EO) on “Protecting the Nation from Terrorist Attacks by Foreign Nationals.” In accordance with the court ruling, the Department of Homeland Security (DHS) has suspended any and all actions implementing the affected sections of the EO, including actions to suspend passenger system rules that flag travelers for operational action subject to... More
- Emotional Harm Damages Allowable In FLSA Case: A Trend? Usually, in FLSA cases, no emotional damages are allowable in retaliation cases. Perhaps that inviolate principle is now changing. In an important case, the Fifth Circuit has recently held that “an employee may recover for emotional injury resulting from retaliation” under the Fair Labor Standards Act in Pineda, et al. v. JTCH Apartments LLC. Copyright: tomwang / 123RF Stock Photo The FLSA prohibits employers from retaliating against employees for complaining about not being paid correctly or for commencing a lawsuit or an... More
- Did Yesterday’s Super Bowl Make You Sick? Careful before you Use Sick Time in Minneapolis Today’s post comes to us courtesy of Justin Schwam, an associate in the Labor and Employment Department in Roseland: With the trend of local paid sick leave ordinances continuing its progressive sweep in cities across the country, a consistent concern for companies located in the vicinity is whether their operations fall within the local law’s reach. Does it only apply if the company is physically located in the city? Or does any employee activity within the city trigger the often onerous... More
- Please Join Us At The Potluck Conference (February 20-21st) in Los Angeles Attention hospitality professionals. Come join me and Sahara Pynes at the Potluck Conference on February 20-21st at the Hudson Loft in downtown Los Angeles. This new conference is for professionals in the evolving hospitality industry, including hotels, restaurants, venues for private dinners, off-site catering, pop-ups and underground supper clubs. It is open to innovators from all walks of the hospitality industry (chefs, designers, producers, venue operators) to share a forum of conversation, workshops, and education. I will be providing a keynote address... More
- Update to Naturalization Test Questions after the Presidential Inauguration The civics test is an oral test which is required in the Naturalization application process. The USCIS Officer will ask the applicant up to 10 of the 100 civics questions and the applicant must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test. On the naturalization test, some answers may change to reflect the result of federal and state elections and appointment or to clarify content and ensure consistency in terminology. After the... More
- Puzder Denies He Will Withdraw Name from Consideration for DOL Secretary Although Andrew Puzder, the fast food executive who has been named as the nominee for Secretary of Labor, has indicated that he is “looking forward” to his confirmation hearing, there are also indications that he may withdraw his name from consideration for this post. There are unnamed sources that assert that he was having second thoughts about the job and could be “bailing” due in part to the intense criticism that has come at him from many sides, e.g. labor... More
- Employer’s Guide to Doing Business In California – Newly Updated We recently updated a 15-page Employer’s Guide to Doing Business In California. The guide provides clear summaries of California’s unique requirements for meal and rest periods, the Fair Pay Act, paychecks and wage statements, the various leaves of absence, and more. If you subscribe to that whole “ounce of prevention” theory, this is a great way to see if your company is complying with California’s unique employment law requirements. You can download a pdf of the Guide here. Spending a little time to determine if your... More
- Trump Suspends U.S. Entry by Nationals of Seven Predominantly Muslim Countries An executive order titled “Protecting the Nation from Terrorist Attacks by Foreign Nationals” is expected to be issued on Jan. 26, 2017 and will have the immediate effect of blocking entry into the United States by anyone born in seven named countries – including lawful permanent residents who are natives of those countries. President Trump says in the draft text: “I hereby find that the immigrant and non-immigrant entry into the United States of aliens from (… Iran, Iraq, Sudan, Somalia,... More