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
- New Requirements for California Settlement and Separation Agreements A number of new requirements for California settlement and separation agreements took effect on January 1, 2019. Two of them stem from the #MeToo movement. These are: Assembly Bill (AB) 3109 prohibits language in contracts or settlement agreements that bars anyone from testifying in administrative, legislative or judicial proceedings concerning alleged criminal conduct or sexual harassment. I think that those provisions would have been void under prior law, but there’s no doubt that they’re void now. Senate Bill (SB) 820 prohibits non-disclosure provisions in... More
- Afraid Your Workers Might be Like Cheech and Chong with Medical Marijuana? With the prevalence of medical marijuana laws in this country, I routinely get asked by employers what are the rules where an employee has a medical marijuana card? Can I still do pre-employment screening? What if they are using at work? Do I have to accommodate medical marijuana in the workplace? Get the answers to these and other questions at a free webinar I am doing in conjunction with the Manufacturers Alliance for Productivity and Innovation (MAPI). The webinar is January 22... More
- Third Circuit Rules on Two Class Actions in Same Decision and Opines on Doctrine of Pendant Jurisdiction In a very interesting and off-beat decision, the Third Circuit has thrown out one class of loan officers who alleged misclassification but let stand the lower court’s decision that certified the case as a collective action under the Fair Labor Standards Act. The case is entitled Reinig et al. v. RBS Citizens NA, and issued from the Third Circuit Court of Appeals. The panel overruled the decision that had given certification to Loan Officers across ten States who alleged that they... More
- Fox Rothschild Invites You! Immigration Employer Compliance Seminars The co-chairs of Fox Rothschild’s Immigration practice group will be making presentations in many Fox offices on Immigration Compliance: What Employers Need to Know over the next few months. These presentations include an overview of immigration and workplace compliance, including Form I-9 and government inspections. Topics: Specifics about executing the I-9 under current rules Documenting employees without violating anti-discrimination laws Identifying and reviewing documents for authenticity Auditing and correcting I-9 forms Navigating pitfalls in the process Understanding the penalties for noncompliance, including simple clerical errors Handling the receipt... More
- New Year, New Employment Issues As the new year begins and I trade my ski boots for my office heels, I’m committed to getting organized for 2019. Specifically, I have compiled a list of issues to keep on my radar for the upcoming year, and I thought I would share them. 1) Keeping up with Local Developments- Though California municipalities, especially San Francisco, have led the way in passing more employee-protective local laws, such ordinances are popping up all over the country…and in unexpected places. If... More
- Immigrant Visa Processing Changes – modest forward movement continues in EB1/EB2/EB3 and Family Based Categories; 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” (December 17, 2018), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie’s comments on the first quarter of... More
- Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive The retail industry is notoriously prone to FLSA collective action misclassification lawsuits because there are many levels of management, especially so-called lower management, where the employees may/may not discharge actual/true supervisory powers. Another illustration of this principle has resulted in a large dollar settlement that will pay employees known as “sales team managers” a fairly large amount of money, although the exact amount has not been disclosed. What was disclosed is that the plaintiffs’ lawyers will receive almost two million... More
- FLSA Collective Action Travel Time Case Illustrates Nuances Of “Working Time” Conundrum Working time claims/lawsuits take many forms and often arise out of seemingly unlikely circumstances. In a recent case, the Third Circuit ruled that temporary workers brought in to take over the jobs of locked out workers cannot receive pay under the FLSA for their time spent travelling to and crossing the picket line. The case is entitled Smith et al. v. Allegheny Technologies Inc. et al. and issued from the Third Circuit Court of Appeals. The panel held that riding across... More
- USCIS Updated Its Policy on Adjudicating Pending Form I-131 Application Due to International Travel After the USCIS Director L. Francis Cissna revealed that USCIS will end the practice of denying pending I-131 applications when an applicant travels overseas, USCIS recently updated its website with detailed information. Under the “Special Instructions” section of Form I-131, Applications for Travel Document, it states, “an individual may have an approved advance parole document while a second one is pending. Individual may travel on the approved advance parole document, provided the document is valid for the entire duration of... More
- What Happens if the Government Shuts Down? Impact on Immigration Services Congressional negotiations on federal spending for the remainder of FY 2019 remain very active. If Congress and the President can’t come to an agreement on a spending bill or continuing resolution by midnight Friday, December 21, 2018, approximately 25 percent of government functions will shut down. Such a shut down 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 the Department of Homeland Security and its... More
- ‘Tis the Season for Sick Leave Call Offs Every year in December I get the same wave of client calls. What can we do to prevent everyone from calling in sick during the holidays? Why is this such a problem? It’s not just flu season or hangovers from too many holiday cocktails. California has mandatory sick leave, many cities have additional requirements, and employees realize that sick days not used will be lost. So what do they do? No surprise — they use them! And employers can’t really prevent them from... More
- New Developments on Meal Waivers for Healthcare Workers – Back Where We Started California employers know to expect that the law sometimes takes some crazy turns. But the changes to the rules for healthcare worker meal waivers have been particularly insane. Try to keep up. In 2000, the legislature enacted AB 60, which included provisions saying that if you worked more than 12 hours, you could not waive a second meal period. The law also gave the Industrial Welfare Commission authority to issue regulations. The IWC issued amended Wage Orders that same year. Wage Orders... More
- Presentation on New California Employment Laws at Fox’s San Francisco Office The one and only Keith Chrestionson will present a 2019 Employment Law Update for California Employers on January 23, 2019 at 8:30 am in our San Francisco Office (345 California St., Suite 2200, San Francisco, CA 94104). Sure, you can read about the new laws here. But can a blog post provide you both breakfast and refreshments? No, it cannot (but we’re working on that). This is a complimentary program where Keith will not only explain the new laws, but give practical advice on... More
- Collective Action On Automatic Lunch Deductions Settles: We’ve Seen This Before (Many Times) Many employers these days have timekeeping systems that deduct time (e.g. thirty minutes) for lunch on a daily basis. There is an inherent danger in doing this, as employees may claim that they worked through lunch and therefore should be paid. This is evidenced in yet another settlement in such an action, a settlement that totals $1.5 million. The case is entitled Magpayo v. Advocate Health and Hospitals Corp. and was filed in federal court in the Northern District of... More
- Off-The-Clock Collective Action Case Settles: The Continuing Danger for Employers I have defended many off-the-clock working time cases and I submit that they are very dangerous for employers. This is because they are particularly amenable to class certification because it is likely that there is a common policy applicable to the members of the class. This premise is highlighted by a recent settlement for a class of security guards employed by a security and facility services at JFK International Airport. The settlement is $2.52 million deal. The case is entitled... More