Legal News

When employers classify individuals as independent contractors, they are not obligated to provide them with certain benefits, as they would statutory employees. Sometimes, if those individuals are found to not be independent contractors, those...By: Fox Rothschild LLP

The gift that keeps on giving, the California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court is getting a fresh look to determine whether it applies retroactively. For the uninitiated, the Dynamex decision upended the...By: Fox Rothschild LLP

The New Jersey Supreme Court announced it will review the Appellate Division’s decision in Wild v. Carriage Funeral Holdings, Inc., which extended protections under the New Jersey Law against Discrimination (NJLAD) to medical marijuana users....By: Fox Rothschild LLP

New Jersey employers should expect to see a significant expansion of investigations into misclassification of employees as independent contractors. Such investigations have always presented risks and costs to employers, but recent portentous...By: Fox Rothschild LLP

The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that engages these referees has agreed to...By: Fox Rothschild LLP

The recent antitrust attacks on no-poach clauses encourage insomnia among franchise lawyers. But is the attack serious or just a flash in the pan, soon to be extinguished? The insomnia began in the tech industry, where front-line players with huge...By: Fox Rothschild LLP

A precedent-setting criminal prosecution of two California executives under the Consumer Product Safety Act is sending a strong warning to corporate boardrooms that the reporting requirements of the CPSA must be taken seriously and that a company’s...By: Fox Rothschild LLP

New USDOL Wage Hour Administrator Issues Opinion Letter Finding Paralegals Can Be Exempt: A New Day Dawning! Under the Trump Administration, there has been a return to the issuance of Opinion Letters which I have highly applauded....By: Fox Rothschild LLP

Showing once again its willingness to break new ground in enacting employee protections, California will soon ban discrimination based on certain hairstyles. Senate Bill 188, signed by Governor Newsom on July 3, 2019, expands the definition of “race”...By: Fox Rothschild LLP

On January 1, 2017, Nevada became the fifth state to legalize the recreational use of marijuana. Since then, Nevada employers have denied employment to prospective job candidates if they test positive for marijuana on a pre-employment drug test. This...By: Fox Rothschild LLP