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.
View the California Employment Law Blog
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.
View the Employment Discrimination Report Blog
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.
View the Immigration View Blog
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.
View the Management & Labor Report Blog
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.
View the Wage & Hour — Developments & Highlights Blog
Recent Blog Posts
- EB-5 Alert! Congress Extends EB-5 The EB-5 Program has been extended through December 22, 2017. The Program was extended as part of a continuing resolution (CR) funding the federal government through December 22, 2017, thus preventing a government shutdown. There are no changes to any federal programs with this two-week extension which is welcome news for EB-5 industry stakeholders.... More
- Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation A class of equipment operators and trainees has asked a federal court to approve a $1.35 million settlement of their FLSA class action lawsuit alleging the Company did not fairly pay them their wages and used a gimmick to avoid doing so. The case is entitled Elliott v. Schlumberger Technology Corp. et al., and was filed in federal court in the District of North Dakota. The plaintiffs alleged that the Company violated the law by paying them under the “fluctuating workweek”... More
- New NRLB General Counsel to Regional Offices: Call Me A recent Memorandum from Peter B. Robb, the NLRB’s newly installed General Counsel, reminded me of a stanza from Lewis Carroll’s The Walrus and The Carpenter. To paraphrase: “The time has come” the GC said, “To talk of many things: Of handbook rules and Weingarten, of email use and salt-ings.” Though perhaps not as prosaic, the GC’s December 1 Memorandum presages his intent to take Board law back through the looking glass and review all issues overruled by the Obama... More
- All the California Minimum Wage Information You Need In One Place We write a lot about minimum wages. That’s not because we’re unimaginative. We’re very imaginative. We can imagine things that you couldn’t even imag… I digress. Our own Tyreen Torner, who gave you a handy summary of all of California’s paid sick leave rules, has now created this chart summarizing all the minimum wages that apply in California for the next four years. How, you ask, can anyone put so much useful information on a single page? Imagination!... More
- Possible Government Shutdown: Immigration Consequences For Employers And Their Foreign National Employees If Congress cannot resolve FY2018 funding issues by December 8, 2017, it will result in another federal government shutdown. Such a shutdown will impact immigration services across a number of different government agencies, affecting many of the systems and processes employers rely on to facilitate employment, including E-Verify, visa petition processing, labor certifications and other government services that corporations and individuals rely upon. We will closely monitor the circumstances and provide updates as they become available. Individuals with pending applications or... More
- New California Employment Laws – 2018 It’s time once again for the annual roundup of new California employment laws. Since we’ve discussed many of these laws when they were enacted, I’m including links to those earlier discussions. Stop asking about salary history – AB 168 bars employers from asking job applicants about their previous salary. The legislation’s goal is to narrow the gender gap by preventing employers from basing offers on prior salary and thus, presumably, perpetuating historical discrimination. This will also remove the perceived gap in negotiating power between an employers and... More
- Preparing for New Year Minimum Wage Increases I’m having a hard time believing December is here, perhaps partly due to our unseasonably warm temperatures here in LA. The holidays will be quickly upon us and the turn of the new year brings increases in the minimum wage across the state. On January 1, 2018, the California state minimum wage goes up to $11.00 per hour for businesses with 26 or more employees and $10.50 per hour for smaller companies. Below is a list of the local minimum... More
- One Response to Union Organizing – Shut Down Completely Recently, a majority of employees at the news websites DNAinfo and Gothamist decided to join the Writer’s Guild union to bargain collectively over their terms of employment. In response, the owner of the websites decided to shut down its operations completely. This begs the question: can a business close its doors in response to its employees voting to join a union? Perhaps surprisingly, the answer to that question is, with few exceptions, yes. In general, the National Labor Relations Act prevents... More
- Union Violates the Act by Attempting to Get Employer to Exact Revenge on Their Behalf What goes around, comes around, they say, right? Not so fast said one NLRB Administrative Law Judge on November 22, 2017, when she held that the Communication Workers of America, Local 1101, violated Sections 8(b)(1)(A) and 8(b)(2) by attempting to cause Verizon Communications, Inc. to discriminate against former union member Sidra Epps for crossing the picket line. The Union and Company had a collective bargaining agreement that expired in August 2015 and, after not coming to terms on a successor... More
- Case Interpreting FLSA Highly Compensated Exemption Takes Interesting Slant There has not been much litigation over the HCE, the so-called Highly Compensated Employee exemption under the FLSA. Recently, an interesting case explored the issue of whether commission payments can form the entirety of the required salary. In Pierce v. Wyndham Vacation Resorts, Inc., a federal court interpreted this exemption to determine this issue. The case was filed in federal court in the Eastern District of Tennessee. Copyright: sergo / 123RF Stock Photo The court observed that the regulation allowed a highly... More
- Quickie Election Rules Have Not Dramatically Helped Unions Organize Quickie Election Rules Have Not Dramatically Helped Unions Organize The NLRB recently released its report on representation elections for fiscal year 2017. The results are consistent with fiscal years 2015 and 2016 — though unexpected given the 2015 Quickie Election rules dramatically limited the time employers had to ensure its employees could make an informed decision prior to voting in the election. The Quickie Election Rules drastically curtailed the time employers had to determine who they believed belonged in the proposed... More
- A Lesson for Employers – Take the Easy Way Out: No Jurisdiction in FLSA Lawsuit I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy. However, there are times when you catch lightning in a bottle, i.e. the jurisdictional defense. In a recent case, the Company was able to use this defense/shield to dismiss a FLSA overtime suit. The case is entitled Zheng v. Best Food In Town, LLC et al and was filed in... More
- Save Local Business Act Passes House: Legislative Narrowing of a Judicial Doctrine I recently blogged about this possibility and now it has come to fruition. The House of Representatives has passed a proposal to walk back the Obama USDOL initiative to expand the doctrine of joint employer status/liability for violations of labor law. The vote was 242-181 and followed (mostly) party lines. The new law would amend the National Labor Relations Act and the Fair Labor Standards Act to state that one entity would be jointly liable for another entity’s labor law... More
- Beware of Independent Contractor Agreements with “Work Made for Hire” Language In recent years, California and federal agencies have highly scrutinized independent contractor status. While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state. In fact, the issue has been popping up quite a bit lately in the context of audits by the Employment Development Department (EDD). One issue that trips up many employers involves a standard provision many companies include in their independent contractor agreements to protect their intellectual property... More
- The Potential Preemption Problem With Ride-Sharing Driver Unionization With campaigns ongoing across the country aimed at raising the minimum wage at a state and local level, one might wonder, why not apply the same pressure on local governments to create their own labor laws? The battle between Uber and the City of Seattle demonstrates the complexities surrounding any attempt to regulate labor relations on a local level. In 2014, the Seattle City Council passed an Ordinance allowing for ride-sharing drivers, who are classified as independent contractors, to form unions... More