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
- Are you ready for New Jersey Sick Leave? Unless you’ve been living under a rock in New Jersey, you likely know that paid sick leave will be the law of the land for all New Jersey employers beginning on October 29, 2018. We recently issued an update on the law and included a link to the draft poster that has been issued by the State. More details can be found here. The poster may not be in final form as the regulations have not been finalized. However, employers must... More
- In #MeToo Era, EEOC Intensifies Focus on Workplace Sexual Harassment The US Equal Employment Opportunity Commission (EEOC), the lead agency that administers federal anti-discrimination laws, has publicly announced its preliminary data for Fiscal Year 2018 regarding charges of sexual harassment in the workplace. And while the data are still preliminary, they are striking, perhaps reflecting the growth and influence of the #MeToo movement. In several key metrics, the EEOC announced it had seen increasing results relating to charges of sexual harassment in the workplace in FY 2018: the EEOC filed 41 lawsuits against... More
- Proposed Sick Leave Regulations in New Jersey Create More Questions than Answers As an employment lawyer, I anxiously awaited the proposed regulations for the New Jersey sick leave law as the law left some unanswered questions regarding carryover and other issues. The proposed regulations have been out for a few weeks now and I have had time to thoroughly digest them Unfortunately for employers, the proposed regulations do not answer some of the questions my clients had regarding the law and create confusion in other areas. Some of the more incomprehensible sections of... More
- UPDATE: NY Clarifies Deadline for Employers to Provide Harassment Training to Employees In our July 24, 2018 post, we reminded employers that mandatory harassment training was going to be required of all employers in New York. Since that post, the State has issued model training materials that can be found here. Employers are obligated to provide annual “interactive” sexual harassment training for employees. New hires must also be given training. Importantly for employers, they also recently clarified the deadlines for when training must be provided. Employees must receive training at least once per year... More
- Second Circuit’s Review of Position Description Determines Outcome in FLSA Outside Sales Class Action This is an interesting case. A class action that was denied certification, appealed to the Second Circuit, which reversed because the lower court did not properly interpret the job description on the key issue of duties qualifying for the employer to claim the protection of the Part 541 exemptions. The employees were salesmen and installation technicians. Now, they get another shot to prove they are worthy of class status. The case is entitled Sydney et al. v. Time Warner Entertainment-Advance/Newhouse... More
- Preemption Defense in FLSA Class Actions: Magic Bullet? Maybe/Maybe Not When hit with a wage hour suit, class action or single, employers are well advised to look for a preemption argument, whether from a union contract (e.g. National Labor Relations Act) or a statutory construct. If the preemption argument is successful, the entire suit goes away. Therefore, such an argument can become the proverbial “magic bullet” that defense practitioners (i.e. myself) yearn for. The Third Circuit has just ruled that a federal law that confines state regulation of the trucking... More
- Proposed Public Charge Rule Change On Saturday, September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule designed to redefine a status known as “public charge” — a category used to determine whether someone seeking permanent resident status is “likely to become primarily dependent on the government for subsistence” for those seeking to immigrate to the United States. This rule was signed by Department of Homeland Security Secretary Kirstjen Nielsen on September 21, 2018 and will open for comment on the... More
- CA Enacts New Anti-Harassment Laws in Response to #MeToo Movement No lazy Sunday for Governor Jerry Brown! Today he signed four new bills into law, taking major steps to combat sexual harassment in the wake of the #MeToo and #TimesUp movements. Here is a brief overview of the new laws and what they mean for California employers: Senate Bill 820 prohibits non-disclosure provisions in settlement agreements related to civil or administrative complaints of sexual assault, sexual harassment, and workplace harassment or discrimination based on sex. The bill expressly authorizes provisions that... More
- EB-5 Update! EB-5 Regional Center Program Extended President Trump signed a bill today, H.R. 6157, with a short-term continuing resolution (CR) preventing a government shutdown and extending certain programs, including the EB-5 Regional Center Program, through December 7, 2018. Without the CR, the EB-5 Regional Center Program would have expired on September 30, 2018. The CR extends the EB-5 Regional Center Program without any changes. The spending bill includes funding for the departments of Defense, Education, Health and Human Services, and Labor. We continue to closely follow... More
- Converting Exempts To Non-Exempts Leave A Window Of Opportunity When an employer realizes that a certain classification or number of employees has been misclassified as exempt, the employer may do the right thing and, henceforth, treat those people as non-exempt and pay overtime accordingly. That corrective measure, however, leaves a gap because the workers can sue for overtime for the period preceding the change. That is just what happened in a case where the employer agreed to pay $2.75 million to settle a class action involving inside sales representatives... More
- Immigrant Visa Processing Changes – EB1 worldwide move forward, but EB1China/India won’t move until next year; EB2/3 India/China to advance; EB-3 India may surpass EB-2 India; Visa Office on Priority Dates, Demand, and Predictions In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various immigrant preference categories with AILA (the American Immigration Lawyers’ Association). Below are highlights from the most recent “check-in with Charlie” (September 13, 2018), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie comments on the close of this... More
- Civility In FLSA Litigation—Hard To Come By (Sometimes) I have always approached litigation as seeking to maintain a cordial, civil relationship with my adversary, especially if it is (as happens a lot) my goal to settle the case early on. There are times, however, I love when it gets nasty. Especially when I am not involved. In a recent FLSA class case, a federal magistrate judge was angry at both attorneys. The court actually granted a motion for sanctions against the employer but observing that both sets of... More
- Salary History Ban Clarified as California Awaits News on Major Bills Impacting Employers It is that time of year. We continue to wait for the Governor to sign or veto some controversial bills such as: The Stand Act (prohibiting confidentiality in harassment and sexual assault settlements); and AB 3080 (prohibiting mandatory arbitration for new and current employees, but presumably allowing arbitration with an opt out, and prohibiting nondisclosure of harassment issues to protect future employees going forward). As we wait, there was one bill recently passed that clarifies a few things about California’s salary history ban... More
- Federal Court Rules for Applicant in Medical Marijuana Employment Discrimination Case Over at In the Weeds, our Firm’s blog on the developments in cannabis law, my colleague Joseph McNelis shares a breaking development at the intersection of cannabis law and employment discrimination law. This legal intersection poses a complicated series of questions, requiring courts to weigh the illegality of cannabis under federal law with state laws that authorize medical marijuana use (which themselves sometimes contain provisions prohibiting workplace discrimination on the basis of an employee’s state-authorized use of medical marijuana). As Joe... More
- CA Supreme Court Revises Opinion on De Minimis Rule In July, the California Supreme Court announced that various provisions of the Labor Code and the IWC Wage Orders did not incorporate the de minimis doctrine. According to that doctrine, some alleged wrongs are so trivial or hard to measure that courts will disregard them. The de minimis doctrine applies to the federal Fair Labor Standards Act, so under that law, employers can disregard small amounts of time (a few minutes) in calculating what employees are owed. The California Supreme Court... More