Blogs
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 & Employment attorneys Nancy Yaffe, Sahara Pynes and Jeffrey Horton Thomas discuss a wide variety of legal challenges faced by California employers, including class actions and the dreaded PAGA claims, wage and hour compliance challenges, state specific overtime and meal/rest break requirements, harassment and discrimination issues, the state constitutional right to privacy and more.
Employment Class Actions: A General Counsel Briefing
On this blog, the firm's labor and employment attorneys closely monitor class and collective action cases and complex employment litigation that may affect employers throughout the country. Our focus is on providing the latest updates in this evolving sector of the law to benefit inside general counsel.
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.
Wage & Hour — Developments & Highlights Blog
Our attorneys provide timely, insightful commentary on the prevention and litigation of wage and hour lawsuits. The blog discusses day-to-day as well as big picture strategic issues and provides key takeaways from recent federal and state court decisions on wage and hour issues such as paid leave, overtime and minimum wage.
Recent Blog Posts
AI Tools and the Growing Risk of Employment Class Actions
Artificial intelligence is rapidly changing how employers make workforce decisions. AI tools that screen applicants, evaluate performance, and analyze compensation data are now commonplace. And while these technologies offer real advantages in efficiency and consistency, they also introduce new legal risks—particularly in the class action space. The challenge isn’t just adopting AI; it’s making sure... Continue Reading…More
Employee Privacy Rights Under CCPA: CalPrivacy Calls for Comments
California is the only state to treat employees as full “consumers,” providing them the right to an employee notice and employee rights. While California enforcement has not yet focused squarely on employer practices, a fresh call for public comments from CalPrivacy on how to strengthen employee privacy notices and rights signals this may soon change.... Continue Reading…More
Why Is There Still So Much Sexual Harassment in the News?
The first week of this month I took a much-needed technology free vacation. I was hiking and staying in national parks with spotty WiFi and was blissfully ignorant of current events. When I logged back online, I saw that once again, sexual harassment was very much in the news, this time in politics. Regardless of... Continue Reading…More
Expansion of Penalties for I-9 Violations Signals Rigid Enforcement Against Employers
Did you miss it? Last month, U.S. Immigration and Customs Enforcement (ICE) quietly updated its Form I-9 Factsheet without any formal announcement. Read more about this silent revision in a client alert I co-authored with two of my colleagues here at Fox, Carolyn Richmond and Ryan Lee. Employers should prioritize I-9 compliance going forward, adopting... Continue Reading…More
The AI Workforce Shift Is Here: What In-House Counsel and HR Leaders Need to Know About Lawful Reductions in Force
Artificial intelligence is no longer a theoretical disruption—it is actively reshaping how work gets done. Across industries, AI and automation are eliminating entire categories of jobs, from data entry and customer service to back-office processing and content generation. As these tools mature, employers are redesigning workflows, consolidating functions, and eliminating positions altogether. But employment laws... Continue Reading…More
Why Hospitality Businesses Should Consider Second Chance Hiring
It is a challenging labor market for the hospitality and restaurant industries. Many front- and back-of-house positions are notoriously hard to fill with capable and reliable individuals. The current immigration crack-down in many cities doesn’t help. Hospitality employers may want to consider second-chance hiring as a viable option. There are several factors that support considering applicants with a... Continue Reading…More
Cutting Ties Without Cutting Corners: Best Practices for Administering Mass Employee Layoffs
In January 2026, employer layoff plans hit their highest January total since the tail end of the 2008 global financial crisis, according to the outplacement firm Challenger, Gray and Christmas. United States employers announced 108,435 layoffs for January 2026, up 118% from January 2025. Whatever unpredictable factors—including continued economic uncertainties, the rise of Artificial Intelligence... Continue Reading…More
EEOC Challenges Women-Only Corporate Event as DEI-Motivated Discrimination
On February 17, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) filed a federal lawsuit in continued pursuit of its new priorities to challenge DEI-related discrimination in the workplace. In EEOC v. Coca-Cola Beverages Northeast, Inc., the agency alleges that the employer violated Title VII by hosting an employer-sponsored trip and networking event exclusively for... Continue Reading…More
Are Direct-Hire 1099s Over?
Many industries rely on hiring independent contractors — sometimes referred to as “1099 employees” — for temporary or seasonal work. But is that the best practice for labor and employment compliance? Clearly not in California, given our special rules limiting the practice and adding additional requirements under the ABC standard. Join Fox Rothschild Partner Colin Dougherty for... Continue Reading…More
AI Chats are not Protected by Privilege
While not California specific, a first-of-its-kind ruling in federal court establishes that a client’s use of AI-generated chat content is not protected by an attorney-client privilege or work product doctrine. You can find a summary of the case, United States v. Heppner, a criminal securities fraud case, here. This is important because HR professionals, business... Continue Reading…More
WEBINAR EVENT: Navigating Key Labor and Employment Shifts in 2026
Set your workplace on a path to success in the coming year with our Labor & Employment attorneys as your guides. You’ll learn how to maneuver through a challenging and ever-changing legal landscape and prepare for what’s coming down the road. Join us for this webinar on January 28, 2026 from 9 am – 2... Continue Reading…More
Immigrant Visa Processing Update: Department of State Pauses Issuance for ‘High-Risk’ Nationalities
The Department of State recently announced a temporary pause on the issuance of immigrant visas to nationals of specified “high-risk” countries, effective January 21, 2026. The administration calls the measure part of a broader policy review aimed at ensuring that immigrants are financially self-sufficient and do not access welfare benefits in the United States. Scope... Continue Reading…More
Know Your Rights Notice Must Go to All Current Employees by February 1st
We are already halfway through January. As noted in a prior blog, SB 294 requires all CA employers to distribute a “Know Your Rights” Notice by February 1, 2026. That Notice has now been published in English and Spanish. The easy part is that this new Notice must be part of your new hire packets... Continue Reading…More
Big Changes Are Coming to H-1B Cap Season
The H-1B process for FY 2027 will undergo a major overhaul. Changes include a new $100,000 H-1B fee that applies to certain, limited applications, a wage-level–weighted lottery selection process and an expanded adjudicative hold for beneficiaries from travel‑ban countries. We’ve posted a new client alert that breaks down what these changes mean in practical terms.... Continue Reading…More
California’s Nuclear Verdict Era: Strategic Imperatives for Employers and In-House Counsel
By Steven Moore and Jonathan Pearce California employment litigation has entered a new era, marked by unprecedented jury awards, soaring punitive damages, and a plaintiff-side bar adept at leveraging venue and emotion. For employers operating in California—especially in Los Angeles County—traditional litigation defense strategies are no longer sufficient. The risk landscape has shifted, and “business... Continue Reading…More
Doing Business in California Guide Updated for 2026
To remind yourself and your team about all the ways California employment law differs from federal law.
Continue Reading…More
Upcoming California Employment Laws To Watch Out For in 2026 and Beyond
Wage and Hour Laws AB 692 – Employment Contract Repayment Prohibition AB 692 will apply to employment contracts entered into on or after January 1, 2026, and will apply to all employers in California. Under the new law, it will be unlawful to include terms in employment contracts that require workers to pay employers penalties... Continue Reading…More
Concerned about pay equity? Give HR a chance to explain
When I was recently asked to answer a reporter’s questions about pay equity, I jumped at the chance because I remembered an issue from my first full-time job that still irks me today. Thankfully the law in the US and especially in California has evolved on this issue quite a bit. Today an employee can... Continue Reading…More
What Employers Need to Know about the $100,000 H-1B Visa Fee
U.S. Citizenship and Immigration Services (USCIS) has issued detailed guidance on the President’s Sept. 19, 2025 proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” which imposes a new $100,000 H-1B payment requirement. We provide a detailed rundown in this client alert. Here are the highlights: Read more here. The U.S. Chamber of Commerce has challenged the fee in court.... Continue Reading…More
National Business Group Challenges $100,000 H-1B Visa Fee in Court
The U.S. Chamber of Commerce filed a lawsuit in the U.S. District Court for the District of Columbia on Oct. 20 seeking to stop the Trump Administration’s $100,000 H-1B Visa fee. The Chamber is requesting an injunction to block the fee and to vacate any actions the Department of Homeland Security has taken to put... Continue Reading…More
Can Employees Leave Work to Attend a Meeting at Their Child’s School? What Employers Need to Know
Children across the country have begun another school year, which often comes with mandatory meetings and conferences for parents, requiring attendance during their work hours. In many states, employers cannot deny an employee leave to attend such activities. Employers should be aware that laws in several states protect a parent or guardian’s leave for attendance... Continue Reading…More
United States DOL announces that it will no longer oversee the payment of liquidated damages in FLSA administrative hearings
Last week the Wage and Hour Division of the United States Department of Labor (“WHD”) made a significant announcement concerning the available damages in administrative proceedings. In a field assistance bulletin it published online, the Department of Labor withdrew the prior administration’s guidance on liquidated damages in administrative hearings and clarified that, effective immediately, WHD... Continue Reading…More
Knowledge [Literally] Pays: Important Considerations for Massachusetts Employers
Massachusetts is one of the most employee-friendly states in the nation when it comes to wage-and-hour laws. While the federal minimum wage is only $7.25 per hour, Massachusetts currently requires most employers to pay a $15.00 hourly minimum wage—regardless of size—and has a number of unique legal requirements of which employers need to be aware.... Continue Reading…More
Washington State May Ease Pay Transparency Rules
Washington is considering changes to its Equal Pay and Opportunities Act (EPOA) which may impact employer obligations. For more, follow the link below: Washington State May Ease Pay Transparency Rules Continue Reading…More
NJ DOL Issues Proposed Rules on ABC Test for Independent Contractor Classification
Recently the New Jersey Department of Labor & Workforce Development issued proposed rules on the ABC test for independent contractors. We recently wrote an alert about the proposed rules, which can be found here. Employers with questions about the classification of individuals performing services for them should seek legal counsel to assist them in navigating... Continue Reading…More
I-9 Alert! New Form I-9
Today, U.S. Citizenship and Immigration Services published an updated version of the Form I-9. The revised Form I-9 has an edition date of 1/20/2025 and an expiration date of 5/31/2027. The updated Form I-9 is already available on the USCIS website. Timing Considerations: While multiple previous editions of Form I-9 remain valid until their respective... Continue Reading…More
Michigan ESTA Gets Last Minute Amendments
Michigan’s Earned Sick Time Act (ESTA) went into effect on Friday but was met with last minute amendments which were signed by Governor Gretchen Whitmer. The amendments contain key differences employers should consider as they roll out policies to comply with the ESTA. These changes include: Employers may have a PTO policy that provides at... Continue Reading…More
H-1B Cap Season: FY2026 Registration Dates and Information
U.S. Citizenship and Immigration Services (USCIS) has officially announced the FY2026 H-1B Cap Registration dates. Below is a summary of some information that you should know: Please contact any of the following members of Fox Rothschild’s Immigration Practice Group directly if you are interested in participating in the H-1B Cap Registration: Continue Reading…More
What’s Old is New Again—Michigan Earned Sick Time Act Goes into Effect February 21, 2025
In less than two weeks, the sick leave requirements in Michigan are changing. The state is reverting to the Earned Sick Time Act (ESTA), which was initially adopted in 2018 but was then subject to amendments and litigation. The ESTA will go into effect on February 21, 2025. There are some notable differences, including the... Continue Reading…More
With Federal Funding in Flux, Some Employers May Need to Review Layoff Procedures
Terminations and layoffs are often the subject of employee class action lawsuits, whether they are brought under the federal Fair Labor Standards Act (“FLSA”), the federal Worker Adjustment and Retraining Notification Act (“WARN Act”), and/or their corresponding state statutes, just to name a few. As some employers face the prospect of losing federal funding whether... Continue Reading…More
Must-Knows for Those Considering Layoffs if They Lose Federal Funding
With the Trump administration pursuing an (at least temporarily blocked) freeze on federal funding, recipients of grants and other federal funds may be considering how to carry out force reductions or layoffs if the need arises. I collaborated with Labor & Employment colleagues Steven Ludwig and Erika Page on an Alert addressing various requirements employers... Continue Reading…More
What Should You Do If ICE Comes Knocking?
Plenty of employers are wondering how they might be affected by the new administration’s focus on immigration enforcement. Immigration Practice Co-Chair Ali Brodie worked with Hospitality Practice Chair Carolyn Richmond and Labor and Employment partner Alexander Bogdan to create this helpful guide on how to respond if Immigration and Customs Enforcement shows up at your... Continue Reading…More
Trump Administration Signals How Employment Policies on DEI and Gender May be Scrutinized
In a flurry of Executive Orders, the new Trump Administration is signaling how it views employment policies, procedures, and programs related to diversity, equity, and inclusion (DEI) and gender ideology. David Colvin, a partner based in our Philadelphia office, has authored a pertinent summary of the relevant Executive Orders and guidance to employers who may... Continue Reading…More
Furniture Retailer Settles for $1.5 Million with EEOC Over Allegations of Categorically Failing to Hire Women and Segregating its Workforce by Sex
On January 10, 2025, the U.S. District Court for the Middle District of Florida approved a nearly $1.5 million settlement agreement in a case brought by the U.S. Equal Employment Opportunity Commission (EEOC) against a retail furniture business employing delivery drivers, delivery assistants, and warehouse associates. Allegations of a Standard Operating Procedure to Not Hire... Continue Reading…More
New Jersey Minimum Wage Rates to Increase in 2025
As the year comes to a close, New Jersey businesses need to be mindful of the yearly increases in state minimum wage rates. The New Jersey Department of Labor announced in a press release that effective January 1, 2025, the state minimum wage rate for most employees will increase by $0.36 to the new rate... Continue Reading…More
H-1B Lottery for FY 2025 Complete
USCIS recently announced that the agency received enough H-1B petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025. USCIS has been slow in issuing the non-selection notices to registrants through their online accounts over... Continue Reading…More
DOL Announces Proposed Rule to Phase Out Subminimum Wage for Workers With Disabilities
The Department of Labor (DOL) announced a proposed rule that would phase out the ability of employers to pay employees with disabilities less than the federal minimum wage. Currently, under section 14(c) of the Fair Labor Standards Act, an employer can obtain a certificate from the Wage and Hour Division allowing it to pay employees... Continue Reading…More
Texas District Court Vacates DOL Overtime Rule
The U.S. District Court for the Eastern District of Texas, in State of Texas, et al. v. United States Department of Labor, et al. vacated the latest overtime rule by the Department of Labor (DOL) on November 15, 2024. The rule increased the salary requirement to be exempt in July 2024, set another increase... Continue Reading…More
Massachusetts Voters Reject Ballot Measure Requiring Tipped Employees to Be Paid Full Minimum Wage—Is this a New Trend?
Should tipped employees be paid the full minimum wage? Massachusetts residents voted a resounding “No” and rejected a proposed change to the state’s minimum wage law that would have required tipped employees to be paid 100% of the minimum wage by 2029, as opposed to the $6.75 minimum cash wage. The proposed amendment on the... Continue Reading…More
United States Supreme Court Weighs Evidentiary Standard in FLSA Exemption Cases
On Election Day, November 5, the United States Supreme Court will be hearing argument in E.M.D. Sales, Inc. v. Carrera, an important case that addresses the evidentiary standard an employer must satisfy to establish whether an exemption under the Fair Labor Standards Act (“FLSA”) applies. To set the stage, the FLSA governs the payment of... Continue Reading…More
Even if the White House Flips, Change May Come Slowly to the NLRB
Most employers are aware that the President appoints the five members of the National Labor Relations Board with the advice and consent of the Senate and that, by law and tradition, a majority of the Board’s Members are from the President’s political party. As we saw in 2021, following his victory in the 2020 election,... Continue Reading…More
UAW Wins Big at VW; Now What?
The United Auto Workers won a potentially momentum-shifting organizing victory last week. In a secret ballot election conducted by the NLRB at a Chattanooga, Tennessee Volkswagen plant, nearly 75% of the putative bargaining unit of 4,000+ workers voted to be represented by the UAW. The union had failed twice before, most recently a narrow defeat... Continue Reading…More
NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote
In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They can now vote on whether to form a union. This case may have drastic consequences on athletics in higher education,... Continue Reading…More
U.S. Supreme Court Makes It Easier to Sue Unions for Property Destruction
The U.S. Supreme Court recently decided in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, No. 21-1449 (June 1, 2023), that the National Labor Relations Act (NLRA) does not prohibit certain claims against unions related to property damages caused during strikes. While recognizing that the NLRA protects employees’ right to... Continue Reading…More
NLRB General Counsel on Non-Competes: Most Violate the NLRA, Should Be Avoided
Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), has called for non-compete agreements to be curtailed on a nationwide basis for a large swath of employees. In a recent memorandum – which is not binding precedent of the NLRB and only an explanation of the General Counsel’s prosecutorial priorities – Abruzzo... Continue Reading…More
NLRB Limits Employers’ Ability to Discipline Employees for Abusive Conduct
The National Labor Relations Board issued a decision in Lion Elastomers LLC II on May 1, 2023, reversing General Motors LLC, 369 NLRB No. 127 (2020) and changing the standards related to discipline or discharge of workers who are offensive, abusive, or even discriminatory towards their supervisors or managers during their otherwise protected concerted activity... Continue Reading…More
NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance Agreements
The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements commonly included in employment severance agreements may be deemed unlawful under the National Labor Relations Act (NLRA). In McLaren Macomb, 372 NLRB No. 58 (2023), a divided Board found that these provisions were unlawful infringements upon employees’... Continue Reading…More
NLRB Paves the Way for Unions to Block Decertification Petitions
The National Labor Relations Board has issued a notice of proposed rulemaking that could make it more difficult for employees to end union representation at their workplace. Issued on Nov. 3, 2022, the Board’s proposed rule, which is ironically called the “Fair Choice and Employee Voice” rule, would turn the proverbial clocks back to before... Continue Reading…More
NLRB to Presume that Electronic Monitoring is Unlawful?
The National Labor Relations Board’s General Counsel recently stated her intention to target employers’ use of electronic monitoring technology and other surveillance equipment as a violation of the National Labor Relations Act. In GC Memorandum 23-02, General Counsel Jennifer A. Abruzzo stated that she would “urge the Board to apply the Act to protect employees,... Continue Reading…More
Employers Watch Warily as Case Filings at NLRB Soar
While commentators debate whether or not the economy is in a recession, one area where business is booming is at the National Labor Relations Board, which recently announced a significant increase in case filings for the fiscal year ended September 30, 2022 (FY 2022). The headline number is a 53% increase in union representation petition... Continue Reading…More
