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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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.
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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
- A Chart of All of California’s State and City Paid Sick Leave Laws It’s hard work keeping up with all nine of California’s state and municipal Paid Sick Leave Laws. But Tyreen Torner has done more than kept up. She’s compiled all of their various requirements in this handy chart. Maybe you prefer looking up the requirements yourself, which is fine. We’re not here to judge. However, if you’re looking for an easy tool to determine whether the various requirements apply, we’ve got you covered.... More
- Court Further Postpones AB 51 (Restricting Workplace Arbitration) From Taking Effect AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect. She did so in response to a lawsuit by the California Chamber of Commerce and other employer groups arguing that the legislation was unconstitutional. At a hearing on January 10, 2020, Judge Mueller extended the injunction until January 31, 2020 to allow further briefing... More
- Another FLSA Misclassification Case in the Energy Industry: A Continuing (and Troubling) Phenomenon There have been a host of wage hour cases in the energy industry and I have often commented upon these. Many concern misclassification issues and another example of this phenomenon has arisen where a class of pipeline inspectors has requested that a federal court approve a settlement amounting to more than $2,000,000 where the theory of the plaintiffs was that the employer misclassified the workers as exempt under the Fair Labor Standards Act. The case is entitled Ganci v. MBF... More
- Several Trend-Setting New California Laws Challenged in Court (Updated 1/13/20) California is known for new employment laws that then trickle out to the east coast, the northwest, and eventually nationwide. Think back to the mandate for sexual harassment prevention training and the roll-out of paid family leave in 2004, and the state-wide statutory sick leave mandate in 2015. Yet, with new laws also come new court challenges, and several trend-setting California laws are totally or partially on hold pending further court proceedings. Here are some notable examples: Prohibition on Mandatory Arbitration (AB51) As... More
- Court Stops AB 51 (Restricting Workplace Arbitration) From Taking Effect We’ve noted before that AB 51 – the California legislature’s latest attempt to attack workplace arbitration – has significant legal flaws. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect on January 1, 2020. Judge Mueller ruled that the employer groups bringing the litigation have shown a likelihood of irreparable injury if relief is not granted and that a restraining order is in the public interest. Specifically, they... More
- New DOL Rule Adapts The Law To The Modern Workplace By Eliminating Certain Perks From Regular Rate Calculation Employers always have difficulty knowing what sums should be included in calculation of the regular rate and many employers unwittingly walk themselves into trouble by not knowing the intricacies of FLSA computation. Well, the USDOL is finally doing something about that. The agency just finalized a rule that allows employers to not include the cash value of many traditional “perks,” such as tuition benefits, cash-outs of accrued leave and certain bonuses. The new rule makes it easier for employers to “more... More
- NLRB Makes Significant Changes to “Quickie” Election Rule The National Labor Relations Board recently scaled back the 2015 “quickie” election rule, which had sped up the timelines for conducting union elections. Speeding up the process provided an advantage to unions by setting short deadlines that often ambushed employers, leaving them with limited time to react to the election petition. The new rule offers welcome relief to employers and adds more time to address pre-election issues. The new rule modifies the 2015 “quickie” election rule in the following significant ways: Pre-Election... More
- Fluctuating Work Week Calculation of Back Due Overtime Not Allowed by Pennsylvania Supreme Court I have long been a fan of the fluctuating work week (FWW) method of paying overtime to non-exempt salaried employees. This computation yields a half-time calculation, i.e. a lower calculation than dividing the salary by forty and then calculating time and one half of that number. The Pennsylvania Supreme Court has recently held that this computational method does not apply in Pennsylvania. Thus, employers in that jurisdiction paying non-exempt employees a salary must use the more generous method of overtime... More
- Our Updated Employer’s Guide to Doing Business in California Wondering what to get the little ones for the holidays? How about an up-to-date guide to California’s unique employment laws. Imagine the looks on the little ones’ faces when they see that you’ve gotten a concise, plain-language summary of California’s unique requirements for determining independent contractor status, meal and rest periods, the Fair Pay Act, paychecks and wage statements, the various leaves of absence, and so much more. Is this something kids ask for? Not usually. But when they see their... More
- NLRB may revisit the limits of profane employee speech protected by federal labor law While it may come as a surprise, the NLRB has long held that employees are sometimes entitled to use profane language while engaging in labor activities. In recent years, the Board has found that employee speech was protected where: An employee posted online that his supervisor was a “NASTY MOTHER F**KER don’t know how to talk to people!!!!!! F**k his mother and his entire f**king family!!!!” while also noting an upcoming union election. An employee used racist language while on a picket... More
- SF Bar Assn. Presents 2019 Disability Employment Law Updates The Bar Association of San Francisco is presenting a seminar: 2019 Disability Employment Law Updates. It will take place on January 16, 2020, from noon to 1:15, at the BASF Conference Center, 301 Battery St., 3rd Floor, San Francisco, CA 94111. Ben Bien-Kahn of Rosen Bien Galvan & Grunfeld LLP will present the plaintiff’s perspective and I’ll present the defense perspective. The program is approved for 1 hour of of MCLE and is sponsored by the Equality Committee on Disability Rights of the Bar Association of San... More
- Another Assistant Manager FLSA Class Action Goes Down—When Will They Ever Learn? I love Assistant Manager class actions because it gives a defense lawyer a “golden” opportunity to defeat class certification by asserting that too much individual scrutiny is required to allow a class action to proceed. A beautiful example of this is a recent Walmart case where a group of Assistant Managers dropped their misclassification lawsuits, after they were unable to secure class certification. They did, however, arrive at settlements for themselves. The case is entitled Swank et al. v. Walmart... More
- H-1B Electronic Registration Process for Next Fiscal Year Cap Season will open 03/01/20 From the Public Engagement Division of USCIS: U.S. Citizenship and Immigration Services announced on 12/6/19 the requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10 H-1B registration fee before filing a petition for the fiscal year 2021 H-1B cap. USCIS will open an initial registration period from March 1 through March 20, 2020. During this initial registration period, prospective petitioners or their authorized representatives must electronically... More
- Employer Group Sues to Block AB 51’s Ban on Arbitration We’ve been blogging about attacks on workplace arbitration for over ten years now. (See, for example, this October 2009 post.) AB 51 represents the latest attempts by plaintiffs’ attorneys to ensure that their clients have continued access to employee-friendly juries, rather than to arbitrators with experience understanding and applying the relevant law. We’ve written about what the law says, the economic motives behind the attacks on arbitration, and about how the law affects employers’ decision whether to implement or continue... More
- AB-5 (The Law Eviscerating California Employers’ Ability to Hire Contractors) — Blog Post Updated January 4, 2020 is Still Alive and Well If you were hoping that AB-5 (the CA statute codifying the ABC standard into widespread law) would be held invalid, enjoined, or would just fall off a cliff, it is time to face reality. AB-5 is alive and well, and effective January 1, 2020. That means any California employer who still relies on independent contractors as part of its workforce should be hustling to address that issue if they haven’t already. Yes, some gig economy companies are planning a ballot initiative,... More