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
- Uber’s CEO is Forced Out Have you ever felt powerless in your job? Felt that there was no way you could have impact on the corporate environment? Well, recent events have shown how the catalyst theory is alive and well in corporate America. Take Uber for example. A mere four months ago, a lone female engineer who had left the company after feeling mistreated wrote a blog post. Within days, that post went viral, caused Uber’s CEO and Board to take notice, and sparked a chain of... More
- Is There, Or Will There Be, Erratic Enforcement of the FLSA Under Trump? The President has not yet nominated an Administrator for the DOL Wage and Hour Division and the new Secretary of Labor, Alexander Acosta, has not named a political adviser to work with the Wage and Hour Division’s careerists. Thus, without new policy guidance, DOL field investigators seem to be enforcing minimum wage and overtime laws by adhering to and following policies that existed before January 20, 2017. With that said, there are signs that some local DOL offices may be re-thinking... More
- Report Mandates a Kinder, Gentler, and More Inclusive Uber It took three months, but the long-awaited report about Uber’s culture from former Attorney General Eric Holder and his law firm was published this week. You can read the 13-page report with its 47 recommendations here. Uber’s Board of Directors voted unanimously to adopt all of the recommendations. CEO, Travis Kalanick, will have a reduced leadership role. Parts of his job will be given to a new Chief Operating Officer charged with implementing the Board’s recommendations. There will also be more Board oversight... More
- Harassment Fallout Continues at Uber as Executive Heads Roll After a flurry of activity in February, the news has been relatively quiet at Uber until this week. We knew that reports of harassment by lady engineers triggered a massive investigation, and at the time, news reports indicated a formal report was due by the end of April. But that day came and went. Now, the wait is over, and Uber is in the news again. Here is the latest: Copyright: kaarsten / 123RF Stock Photo According to a report from Bloomberg, at... More
- Document. Document. Document: A Must in the Employment Context I am sure that a lot employers lost productive work time yesterday with the Comey hearing. I must admit that I did not watch the Comey testimony yesterday. I actually had a busy day and was afraid of getting sucked down the rabbit hole. I do intend to catch up on it. If you are so inclined, the New York Times has the full video and a transcript of the testimony. I did read the seven page statement Comey released in anticipation of... More
- Six Trends in US Employment Law I was recently invited to contribute a chapter on employment law to the 2017 Israel Desk International Legal Guide. As more and more Israeli companies bring their operations to the U.S., they learn firsthand the intricacies of our employment laws. The chapter outlines six trends that I suggested that they pay attention to. They include wage and hour laws, equal pay, accommodating disabled workers, whistleblower claims, local regulations, and trade secrets. Copyright: slidezero / 123RF Stock Photo On the topic of trade secrets,... More
- Administrator Interpretations Rescinded By Secretary of Labor: Does it Make A Difference? The Obama DOL had issued two so-called “white papers” one on independent contractor status (Administrator Interpretation No 2015-1).and the other on joint employer status (Administrator Interpretation No. 2016-1). These documents outlined the agency’s position on these two crucial issues and not surprisingly, took a very pro-employee perspective. Well now, in the stroke of a pen (or two pens), those Interpretations have been completely rescinded. By US Department of Labor [Public domain], via Wikimedia CommonsThe Secretary of Labor, Alex Acosta, stated that... More
- New Los Angeles Hotel Ordinance Minimum Wage Rate Announced Its almost July 1st and that means increased minimum wages in the City of Los Angeles as well as under the Citywide Hotel Worker Minimum Wage Ordinance. Hotel workers covered under the Ordinance will see their hourly rate jump from $15.37 per hour to $15.66 per hour, as announced this morning. Don’t shoot the messenger! Remember, there are still ways for hotels to trim labor costs, as discussed here.... More
- Third Party Contractor Liability under the New York State Human Rights Laws Catherine Savio writes: Copyright: bbourdages / 123RF Stock Photo On May 31, 2017, the Second Circuit seemingly broadened the scope of liability under a New York state anti-discrimination law by holding that non-employer third parties can be held liable for violating rules regarding the use of a job applicant’s criminal history records in hiring processes. The plaintiffs in Griffin v. Sirva Inc., No. 15-307 (2d. Cir. 2017), were employed by Astro Moving and Storage Company, a New York-based moving company. Astro is a... More
- CBP to Email I-94 Expiration Dates US Customs and Border Protection (CBP) announced yesterday that beginning on May 31, 2017, it will email reminders to Visa Waiver Program travelers notifying them of their “last possible departure date from the US”. In addition, CBP added a feature to its website https://i94.cbp.dhs.gov/I94/#/home so that travelers may check their last possible departure date online. For now, only those admitted to the US under the Visa Waiver Program can benefit from the new features, but CBP indicated that it will incorporate... More
- 22 Steps Companies Can Take to Protect Their Trade Secret It’s not enough that a trade secret isn’t generally known to those who can gain value from it. To qualify for protection in California and the other jurisdictions that use the Uniform Trade Secrets Act definition (and under the Federal Defend Trade Secrets Act), a trade secret must be the subject of reasonable measures to maintain its secrecy. If you find yourself litigating whether your company’s information qualifies for protection, you should expect a lot of time and effort to be... More
- Scam Targets Defendants in Class-Action Cases We’ve discussed before how phishing scams target employers. A new scam focuses on defendants who have settled class-action claims. The scammers send wire transfer instructions that appear to come from reputable class-action claims administrators. If the defendant wires the funds though, it eventually discovers that it is the victim of a spear phishing attack and that the account it wired the funds do is fraudulent. It is unlikely to ever see that money again, but still owes the money it... More
- Preemption Defense to FLSA Collective Action Fails: No Need for Contractual Interpretation I always look for a preemption defense when I am defending a FLSA collective action, whenever there is a labor contract involved. What a magic bullet that is—get rid of the entire matter in one fell swoop (with maybe just a 12(b)(6) motion). But, and it is a big but, there must be something in the labor contract that is pertinent. If not, that tactic fails, as evidenced by a recent (split) Third Circuit opinion. The Court refused to dismiss... More
- “You’re Fired” is not a Good Response to a Report of Harassment This is not a post about any of the activities of the Trump Administration even though the headline uses his catch phrase. We are taking a break from our multi-part series of commenting on the investigation of Trump’s ties to Russia to address a completely different topic. Retaliation. (Okay, maybe not a totally different topic depending on what really was the reason for Director Comey’s firing). Law 360 is reporting that a former Giants’ defensive lineman is suing his former employer... More
- CA Required Onboarding Materials Get A Makeover California employers are required to provide employees with several documents upon hire. But not all CA employers do. I was working with a retail boutique chain last week and when I provided them the list of required onboarding documents, the manager said she has been in retail for 20 years and had never seen the documents! In honor of the newly redesigned DFEH sexual harassment pamphlet, I thought I would provide a refresher (or in some cases, a first look)... More