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 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

  • Sales Representatives Get Certification On Failure To Include Commissions In Overtime Class Action: A Cautionary Tale It is vital for employers to remember that when non-exempt employees earn commissions, those commissions must be included in the computation of their regular rate when they work overtime. The inclusion of the commissions bumps up the regular rate a little but if this is not done, then these small amounts of money can quickly add up if an employee or, worse yet, a class of employees files a lawsuit. That is exactly what has happened in a recent case... More
  • Update – Policy Change – F, J, and M Nonimmigrants to Accrue Unlawful Presence On May 21, 2018, I posted a blog regarding the then Proposed USCIS Policy Change for F, J, and M Nonimmigrants and Unlawful Presence implications.  On August 9, 2018, USCIS issued a revised final policy memorandum, effective that day.  USCIS made changes to its proposed policy after considering feedback the agency received during the public comment period mentioned in the prior blog post. Effective August 9, 2018 (last Thursday), F and M nonimmigrants who timely file for reinstatement of status with... More
  • Recent Federal Court Ruling: Full Restoration of DACA On August 3, 2018, the US District Judge for District of Columbia, John D. Bates, ruled that the Trump administration must fully restore the DACA program. In the decision, the court stated, “The Court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.” In addition, the court also denied the government’s motion to reconsider, stating that “The Court has already once given DHS the opportunity to remedy these deficiencies—either by providing a coherent explanation of its... More
  • Form I-9 Immigration and Employment Law Alert: The Time is Now for a Proactive Audit ICE workplace audits are on the rise.  And if you didn’t know, the federal government and California are not harmonious in their views on immigration issues. That means that ICE raids on California employers are likely to continue, especially in target industries such as hospitality, construction, agriculture, tech, and manufacturing. And if you want to minimize your company’s exposure to massive fines and possible criminal prosecution, this issue should be on your radar. One of the biggest traps of late seems to be the I-9... More
  • I-9 Forms Aren’t As Simple As They Seem — The Time is Now for a Proactive Audit ICE workplace audits are on the rise.  And if you didn’t know, the federal government and California are not harmonious in their views on immigration issues.  That means that ICE raids on California employers are likely to continue, especially in target industries such as hospitality, construction, agriculture, tech, and manufacturing.  And if you want to minimize your company’s exposure to massive fines and possible criminal prosecution, this issue should be on your radar. One of the biggest recent traps of late seems to... More
  • E-1 and E-2 Visas Available for New Zealand The highly desirable E-1 and E-2 visas are now available for nationals of New Zealand.  Earlier this week, the President signed into law S. 2245, the Knowledgeable Innovators and Worthy Investors Act (‘KIWI Act’), thereby granting E-1 and E-2 visa status to certain New Zealand applicants.  The KIWI Act provides for reciprocal treatment of US nationals. This will allow New Zealand nationals the opportunity to pursue E-1 trade and E-2 investment in the United States, a benefit long enjoyed by neighboring... More
  • Performance Feedback for Millennials…By a Millennial Guest Blog Post by Summer Associate Josie Lopez As the millennial generation becomes the majority of the workforce, the composition of the workplace is changing significantly, and companies are starting to realize they are going to have to keep up with the times. Growing up in the age of social media, information and feedback have become instantaneous, and no one expects continuous feedback more than millennials. Not only do they expect it, they need it. That’s why so many companies are moving away... More
  • “Whore Board” Is Protected Employee Speech, NLRB Finds. In a recent decision, a panel of the NLRB found that an employee was unlawfully fired for writing “whore board” on an overtime sign-up sheet at work.  This decision highlights the expansive nature of employee activity protected by the NLRA and the limited value that the NLRB can sometimes place on employer property rights. In this case, the employer instituted a new overtime policy, which, unlike the old policy, included discipline for failure to work an overtime shift.  As with the... More
  • Unselected FY 2019 H-1B Cap Filings Returned to Petitioners   USCIS announced (https://www.uscis.gov/news/alerts/uscis-returns-unselected-fiscal-year-2019-h-1b-cap-subject-petitions ) yesterday that it has returned all FY2019 cap-subject H-1B petitions that were not selected in the “lottery”.   You may recall that between April 2-6, USCIS received 190,098 FY 2019 cap-subject H-1B petitions.  In May, USCIS completed its computer-generated random selection process for 20,000 US advanced degree petitions as well as the 65,000 remaining FY2019 spots. Many of these petitions were subject to requests for more evidence (RFEs).  Simple division indicates that for FY 2019, ~45% of the... More
  • NLRB is likely to operate with just four members for the time being. A fully constituted NLRB is comprised of five members. Decisions are typically issued by three-member NLRB panels. Three is also the minimum number of members the NLRB must have to issue a decision. By custom, the NLRB will only overrule existing precedent when the NLRB has at least four members and at least three of them vote to overrule the extant precedent. That said, the NLRB has on a number of occasions operated with fewer than five members and even... More
  • How to Avoid a Wage-and-Hour Class Action Lawsuit — Even in California I was in court last week for a status conference in a wage-and-hour class action, and was talking to my opposing counsel, an active litigator in this arena.  I asked him if the new California Supreme Court case rejecting the de minimis standard was going to be big business for him. His candid response surprised me, so I thought I’d share it.  He opined that it really isn’t hard to prevent class action lawsuits in California and the de minimis argument... More
  • USDOL Issues Guidance On Independent Contractor Issues In The Home Health Care Industry—The More Things Change… I am a big believer in advice from the U.S. Department of Labor. I have applauded the re-introduction of opinion letters and I welcome any published guidance (on any subject) so I can better advise/counsel my clients on compliance issues. The home health care industry has been aflutter recently with all kinds of litigation and DOL issuances. A thorny issue is when/if someone working in this field is an independent contractor. Well, the agency has recently published guidance on this... More
  • Figured Out How to Calculate Sick Leave? Good, Now Get it on Your Employees’ Paystubs As employers know all too well, it is no small task keeping up with California’s State and Local Sick Leave laws. Just as frustrating are California’s many paystub requirements under Labor Code section 226. One paystub requirement that often gets forgotten is the need to include employees’ accrued sick time on paystubs. Inclusion of sick time on paystubs is not governed by Labor Code section 226.  Instead, it is Labor Code section 246(i) which requires employers to list an employee’s accrued... More
  • CA Supreme Court Says Employers Can’t Disregard Trivial Amounts of Time An ancient maxim of jurisprudence states that “the law disregards trifles.” Or in Latin: De minimis non curat lex. The underlying principle is that some alleged wrongs are so trivial or hard to measure that courts don’t want to be bothered with them. At least, that’s true of most courts. In an opinion issued today, the California Supreme Court said that the “de minimis” doctrine is not part of California wage and hour Law. The opinion arose from a federal case... More
  • Employers Beware: ICE Is Ramping Up I-9 Audits to Record Levels On Fox’s Immigration View blog, partner Alka Bahal provides a detailed exploration of the I-9 inspection process, in the wake of a recent surge in I-9 audits carried out by the U.S. Immigration and Customs Enforcement (ICE) agency. All employers in the United States are required to have a Form I-9 on file for all employees to verify their identity and authorization to work in the United States. We invite you to read Alka’s information-packed post addressing concerns facing employers: Employers Beware: ICE Is Ramping... More