Legal News

“Unconscionability” is alive and well, as last week the California high Court renewed its 30-year running dog fight with the U.S. Supreme Court over the enforceability of arbitration agreements. In One Toyota of Oakland v. Kho (“OTO”), the California...By: Fox Rothschild LLP

The New Jersey independent contractor test is one of the toughest for a putative employer to prevail upon. So, when an employer does do that, it is a great day for the employer community and that is what has happened in the case of a law firm who...By: Fox Rothschild LLP

As you (should) know, the current edition of the Form I-9 expired on August 31, 2019. USCIS has decreed that, until further notice, employers should continue using this 2017 edition of the Form I-9 (annotated with “Form I-9 07/17/17 N” in the lower...By: Fox Rothschild LLP

On Thursday, the Supreme Court of North Carolina issued its latest amendments to the North Carolina Rules of Appellate Procedure. The amendments impact word-count limitation applicable to appellate briefs and parental leave....By: Fox Rothschild LLP

The issue of willfulness is very important in FLSA cases because such a finding extends the statute of limitations from two years to three. The standards utilized in making these decisions have been established but their application to particular...By: Fox Rothschild LLP

Humans are not unbiased observers and decision makers. I’m not talking here about prejudice based on protected categories. I’m talking more generally about systemic flaws in how our brains interpret and act upon information. Take for example the...By: Fox Rothschild LLP

The area of prevailing wage law, construction wage-hour law, is a niche within a niche and a very complicated area of wage hour law. I am proud to say I have defended more than one hundred employers in these cases, both the federal Davis Bacon Act...By: Fox Rothschild LLP

There is a lot of confusion about how the California Consumer Privacy Act (CCPA) will impact California employers. The California legislature is considering AB25, which has been interpreted as eliminating CCPA’s requirements for California employers....By: Fox Rothschild LLP

New Jersey employers face heightened risks and consequences for non-payment of wages, or wage theft, with the new Wage Theft Law (WTL). Signed on August 6, 2019, the new law adds protections for retaliation claims, increases wage theft penalties and...By: Fox Rothschild LLP

The City of Dallas recently enacted a paid sick leave (PSL) ordinance requiring employers to provide paid sick leave to eligible employees and to abide by specific accrual, use, pay, and recordkeeping obligations. Now, the City is being forced to...By: Fox Rothschild LLP