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

  • Employment Litigation Lessons from the Game of Thrones Finale In reading all of the online reviews about the Game of Thrones finale, I was struck by one overarching theme – you just can’t please everyone.  In that regard, it reminded me a lot of employment litigation.  Spoiler alert! Some fans thought the ending was too clean and tidy, too happy in some respects, with Sansa crowned Queen of the North, Arya heading off to new adventures (and likely a spinoff), Tyrion running things for the new Broken King, and weary Jon Snow... More
  • USCIS Completes FY 2020 H-1B Cap-Subject Data Entry Yesterday, United States Citizenship and Immigration Services (USCIS) announced that the agency has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the lottery. USCIS is still issuing receipt notices as a result of the computer-generated selection process.  We received a notice yesterday, so please note that others may be forthcoming.  Once all petitioners are notified, USCIS will start returning unselected petitions and issue an announcement.  There is no time frame in which this will happen. ... More
  • USDOL Opinion Letter Takes Expansive View Of Independent Contractor Status The issue of independent contractor is in the forefront of today’s legal scene, on numerous fronts.  There is also an issue with changing technology and its impact on these thorny issues. Now, the USDOL has issued an Opinion Letter addressing this issue as concerns the so-called gig economy.  The Opinion Letter focuses on individuals who work for a gig economy platform that links up service providers with clients; the Opinion Letter concludes that they are independent contractors. The Opinion Letter used... More
  • Who, Exactly, Is Subject to the CCPA? The California Consumer Privacy Act (CCPA), a broad-based law protecting information that identifies California residents, was passed in June 2018 and will take effect in 2020. Dubbed “GDPR Lite,” to denote its similarities to the EU General Data Protection Regulation (GDPR), it is expected to be a game-changer for U.S.-based companies that process sensitive data. With detailed disclosure requirements, a grant of extensive rights to individuals to control how their personal information is used, statutory fines and a private right... More
  • The Good Faith Defense as a Complete Bar to Wage Claims? Yes, It Is! When the Department of Labor, whether USDOL or a state agency, issues an Opinion Letter on a certain topic/issue or follows a consistent course of conduct vis-à-vis a particular employer, that employer is allowed to rely on that letter or administrative practice or enforcement policy.  The Opinion Letter or consistent practice then acts as a bar against a lawsuit or claims that the employer owes overtime or owes the employee(s) other monies. The so-called “good faith defense” provides that an employer’s... More
  • The Rise of Preferred Pronouns The topic of preferred pronouns has been top of mind for me lately. It started with a volunteer mentor day I attended for Step Up (a fabulous group by the way) to mentor high school teens.  In our mentor orientation we were guided to introduce ourselves using our preferred pronouns.  We went around the room and practiced.  My introduction was:  Hi, I’m Nancy.  An employment attorney who helps businesses with their employee issues.  My preferred pronouns are she and her. Then I... More
  • Additional H-2B Visas Available for Returning Workers The Department of Homeland Security and Department of Labor jointly announced the addition of 30,000 H-2B temporary worker visas for fiscal year 2019.  These additional visas are available only to returning workers who received an H-2B visa or were granted H-2B status in the past three fiscal years.  The returning worker visas will prioritize those businesses that submit an attestation to USCIS in which the petitioner affirms, under penalty of perjury, that if the petitioning employer does not receive all of... More
  • Roadmap to Expansion – Independent Contractors From Top to Bottom The California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court continues to change the legal landscape.  On May 2, 2019, the 9th Circuit Court of Appeal revived a decade old lawsuit, Vazquez v. Jan-Pro Franchising Int’l., applying Dynamex’s ABC test retroactively and dismissing substantial due process concerns.  While dismissing the defendant’s arguments against retroactive application, the 9th Circuit went on to render an extremely employee-friendly decision, solidifying two key points:  first, the ABC test is broadly applicable... More
  • 3 New California Cities Enact Minimum Wage Laws California now has 39 separate minimum wages. First, you have two state minimum wages ($12 for employers with 26 or more employees; $11 for 25 or fewer). Then 27 cities have minimum wage ordinances, many of which have multiple minimum wages for different categories of employers. How can anyone keep up with this all? Easy! Tyreen Torner has made you this handy chart. Isn’t Tyreen the best!?... More
  • Maine Joins Growing Ranks of States Banning Salary History Inquiries At this blog, we’ve written extensively about the proliferation of legislation at the state and local level to prohibit employers from inquiring about the salary or wage history of job applicants. As with state and local laws requiring employers to provide paid sick leave, laws restricting employers from making wage inquiries during the application process have become a growing trend across the country in the absence of federal action in this area. Sponsors of these measures describe their efforts as part of... More
  • The USDOL And The Joint Employer Doctrine: The Saga Continues The USDOL has proposed a new cut-down (watered down?) test for determining when entities are a joint employer.  Such a finding leads to the aggregating of employee hours which are worked at both places as well as rendering the entities jointly liable for wage-hour (e.g. overtime) violations. The focus of the new proposal is a four-factor test to determine whether two (or more) businesses qualify as a joint employer: The power to hire and fire, the ability to control work schedules;... More
  • Worried about Drug Use in the Workplace? If you are worried that, between the opioid epidemic and the expansion of medical and recreational marijuana laws, your employees will increasingly be coming to work under the influence, you are not alone. I’ve spoken on several panels lately where medical marijuana is a topic of discussion.  We also recently blogged on the issue.  Mostly, these discussions center around testing policies and whether accommodations have to be made. I recently had the opportunity to be part of a panel talking about... More
  • Leave Laws Giving you a Headache? Leave laws continue to be one of many jurisdictions’ top legislative priorities. If you are going to be in Chicago next week, maybe I can help you understand your obligations under various leave laws. I’m speaking at MAPI’s Benefits & Compensation in Manufacturing Conference on paid leave laws. Join me and other industry experts April 30-May 1 in Chicago for sessions and networking that will cover all aspects of benefits and compensation for manufacturers, including pay equity, health care trends and financial... More
  • Social Security No-Match Letters Are Back In March 2019, the Social Security Administration resumed issuance of Employer Correction Request Notices, commonly referred to as “Social Security No-Match Letters.” The No-Match Letters are being sent to businesses throughout the country that are identified as having a name and Social Security Number (SSN) combination submitted on wage and tax statement (Form W-2) that do not match SSA records. Employers may recall receiving these notices until 2012 when the Obama administration suspended these communications. Employers receiving No-Match Letters in 2019 must take... More
  • Social Security No-Match Letters Are Back In March 2019, the Social Security Administration resumed issuance of Employer Correction Request Notices, commonly referred to as “Social Security No-Match Letters.” The No-Match Letters are being sent to businesses throughout the country that are identified as having a name and Social Security Number (SSN) combination submitted on wage and tax statement (Form W-2) that do not match SSA records. Employers may recall receiving these notices until 2012 when the Obama administration suspended these communications. Employers receiving No-Match Letters in 2019 must take... More