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
- Another Oil Industry Class Action Settles – The Disturbing Trend Continues There have been a number of FLSA lawsuits in the energy industry of late, focusing on unpaid overtime. One of these employers who was sued, Key Energy, has just settled two class actions for $3 million. The case is entitled Grillo v. Key Energy Services LLC and was filed in federal court in the Central District of California. Copyright: 1971yes / 123RF Stock Photo The employees advised the Court, in their motion for preliminary approval, that the decision to settle was founded... More
- President Trump signs new Executive Order: ‘Buy American and Hire American’, impacting the H-1B visa program On Tuesday, April 18, 2017, President Donald Trump signed a new Executive Order, “Buy American and Hire American.” The new Order states that its first purposes is to focus on conducting studies and putting forth plans for federal agencies to immediately maximize the use and procurement of materials and products made in the U.S. (“Buy American”). The second stated purpose of the Order focuses on a review of current immigration policies and regulations, specifically at H-1B visa program, and non-immigrant visa... More
- Training Video Featuring Nancy Yaffe — Employment Laws: What Supervisors Need to Know Have you ever seen one of those workplace training videos and thought “I could do that?” Well I did that! I am excited to be featured in a training video to assist workplace supervisors in recognizing and responding to common legal issues that arise in the day-to-day management of workers. The video was developed and produced by Kantola Productions and is titled “Employment Laws: What Supervisors Need To Know.” The video focuses on the decision-making process and provides helpful strategies for ensuring... More
- The Investigation into Trump’s Russia Ties or How Not to Select an Investigator About a month ago, we posted that employers could take some lessons from the investigation into President Trump’s claims that he was illegally wiretapped by the Obama Administration. This investigation still proves to be a cautionary tale for employers. One of the key, and sometimes difficult, decisions in any investigation is who should conduct the investigation. Should the investigation be done by HR or an executive in the Company? Or should the investigation be conducted by an outside third party? What may... More
- Form I-9 Alert!: Social Security Number Glitch On April 17, 2017, USCIS alerted stakeholders concerning a glitch on the Form I-9. The glitch specifically relates to any Form I-9 downloaded between November 14, 2016 and November 17, 2016 and the employee’s Social Security number. Employers who downloaded Form I-9 during this brief period should ensure the employee’s Social Security Number appears correctly in Section 1. As explained by USCIS, numbers inserted in Section 1- Social Security number field were transposed when the Form I-9 was completed and... More
- H-1B Lottery Update! Today, USCIS announced it has completed the H-1B cap FY 2018 random selection process (also known as the H-1B lottery). This means USCIS has completed the lottery and has selected enough petitions to meet the 65,000 regular-general cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected H-1B cap petitions. The government reported receiving a total of 199,000 H-1B cap petitions during the H-1B cap FY 2018 filing period, which started on April... More
- Pipeline Inspectors Denied Conditional Certification Due To Named Plaintiff’s Inadequacy Regretfully, to my lights, conditional certification seems all too easy for plaintiffs in a FLSA collective action to secure. Are things changing? A federal judge has refused to certify a proposed class of natural gas pipeline inspectors for Gulf Interstate Field Services Inc. in a Fair Labor Standards Act overtime suit, concluding that the named worker in the suit is not similarly situated. The case is entitled Sloane v. Gulf Interstate Field Services Inc., and was filed in federal court... More
- 7th Circuit Holds Title VII Protects Sexual Orientation; What Does It Mean for Your Workplace? Recently, the United States Court of Appeals for the Seventh Circuit issued an opinion with significant employment law implications. As you might recall, a panel of the Seventh Circuit issued a split 2-1 decision a few months ago, holding that Title VII’s prohibitions against sex discrimination in employment did not extend to protect employees on the basis of their sexual orientation. The full Seventh Circuit then heard oral argument about whether the panel decision was correctly decided in the case, Hively v. Ivy... More
- California Court Sets Up Showdown with SCOTUS over Class-Action Waivers Copyright: Poofy / 123RF Stock Photo The California Supreme Court has once again deviated from what many view as clear precedent of the U.S. Supreme Court concerning the enforcement of arbitration agreements. Last week, the California court decided McGill v. Citibank, N.A., holding that state “public policy” precludes the enforcement of arbitration agreements where a class sues for “public injunctive relief” under Business and Professions Code § 17200, California’s much abused “unfair competition” statute. This decision comes on the heels of... More
- H-1B for Computer Professionals – New Developments In the last few days, there have been a number of government announcements concerning the popular H-1B Temporary Worker status. Of course, these announcements come after this year’s crop of new H-1B visa applications have been sent to USCIS. Some of the linked announcements are warnings and others are disquieting. What does all of this mean? The Department of Justice cautions that employers seeking H-1B visas may not discriminate against US workers. The focus is on H-1B workers whose employment intentionally displaces... More
- New Jersey Federal Court Finds Financial Advisers Exempt as Administrative Employees: A Trend? Corinne Burzichelli writes: The issue of the exempt status of financial services employees has been explored in numerous cases for many years and in different parts of the country. Now, there is a new chapter to add to this saga. On February 28, 2017, Judge William J. Martini granted Morgan Stanley Smith Barney LLC’s motion for summary judgment, dismissing financial advisers’ claims that they were entitled to overtime under the FLSA and New Jersey law. The case is entitled In re:... More
- Top 10 Take-Aways from Cornell HR in Hospitality Conference 2017 I just returned from the Cornell HR in Hospitality Conference in Las Vegas with my partner Carolyn Richmond. I participated in the Executive Summit and shared ideas with some of the most innovative minds in the hospitality industry. Here is my annual top ten list of take-aways: 1. While no one knows what will happen under the Trump Administration, some common assumptions include: Less active Department of Labor and NLRB (especially as to non-union work forces ); EEOC likely to apply current law... More
- Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So! I am a big believer in the importance of USDOL Opinion Letters because they show the thinking of the agency and how it interprets various provisions of the Fair Labor Standards Act. I often look to the published body of these letters for guidance and I lamented when the DOL (back in 2010) decided to stop issuing these letters. Well, there seems to be good news around the corner. The newly nominated Secretary of Labor, Alexander Acosta, has indicated that... More
- FY2018 H-1B Cap Random Lottery Confirmed During this time of increased unpredictability in US immigration law, it was good to see that the US Citizenship and Immigration Service had confirmed that the upcoming FY2018 H-1B random lottery will be conducted in the same manner as in past years. Kudos to the American Immigration Lawyers Association (AILA) for publishing the following: USCIS confirmed that the process for receiving and receipting H-1B cap cases for Fiscal Year 2018 will be the same as with prior years, including a random... More
- The Growing Trend of Wage Inquiry Prohibitions In the past year or so, we’ve noticed an increasing legislative trend around the country — governing bodies passing bills to prohibit employers from inquiring about their job applicants’ wage history. The precise details of these efforts naturally vary from locale to locale. Still, whether at the federal, state, or local level, the rationale for these legislative efforts is often the same: they are efforts to close the gender wage gap. This past August, Massachusetts became the first state in the nation... More