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  1. International Students Facing Additional Scrutiny and Restrictions

    By: Sharon Barney, Esq. With the new academic year approaching, students are preparing for classes, homework, and extracurriculars. However, international students are facing additional barriers that they will need to navigate based on U.S. Citizenship and Immigration Services (“USCIS”) policy changes that will impact their visas, unlawful pre…Read More

  2. Third Circuit Overturns District Court’s Grant of Class Certification in ADA Title III Parking Lot Slope Litigation

    By:  Alisa N. Carr, Esq. On April 27, 2017, Magistrate Judge Robert Mitchell in the matter of Mielo v. Steak ‘N Shake, Inc., Civil Action No. 2:15-cv-00180 (W.D. Pa.), granted class certification to: All persons with qualified mobility disabilities who were or will be denied the full and equal enjoyment of the goods, services, facilities, privil…Read More

  3. New USCIS Policy Memos Create Additional Burdens for Foreign Workers and Employers

    By: Sharon Barney, Esq. Earlier this month, U.S. Citizenship and Immigration Services (“USCIS”) announced two major policy changes that affect employers seeking to sponsor foreign workers for nonimmigrant visas. The first policy memo, dated June 28, 2018, relates to the issuance of a Notice to Appear (“NTA”), the official charging document…Read More

  4. California Threw Down A Privacy Law Gauntlet

    By: Christopher Gonzalez, Esq. On June 28, 2018, California imposed the strictest privacy law in the nation—the California Consumer Privacy Act of 2018 (AB 375), which was unanimously approved by the state Senate and Assembly and signed by Governor Jerry Brown. The bill was first introduced just over a week before it was signed into law and was f…Read More

  5. Exercise Care When Rounding Up/Down Employee’s Time

    By: Philip A. Toomey, Esq. Under California law, an employer is required to pay employees for all time they are at work and subject to the employer’s control. The failure to pay all wages, especially at termination, exposes the employer to substantial penalties which often exceed the actual amount of wages owed. It also exposes the employer to c…Read More

  6. Federal Court Enjoins Portion of California Workplace Immigration Law

    By: Philip A. Toomey, Esq. On July 5, 2018, a United States District Court in Sacramento, California granted the United States Department of Justice motion for preliminary injunction enjoining enforcement of certain provisions of California’s Immigrant Worker Protection Act. As we have previously reported, the law, which went into effect on Janu…Read More

  7. New Sweeping Regulations for Hotel Employers with Housekeeping Staff

    By: Eric J. Wu, Esq. On July 1, 2018, California’s new standards on Hotel Housekeeping Musculoskeletal Injury Prevention (“MIPP”) went into effect. Adopted in January by the Cal/OSHA Standards Board (“OSHSB”) and codified in California Labor Code section 1197.5, the law institutes sweeping regulations to the hotel and hospitality industry…Read More

  8. Immigration Trends in 2018

    By: Cristina Perez, Esq. As the political landscape continues to fluctuate across the nation, immigration law and policy is similarly going through noteworthy changes. These changes are more than the public outcry we observe in nationwide pro-immigration rallies advocating for fairness and the humane treatment of the young immigrant children separ…Read More

  9. New CA Regulations on Discrimination Based Upon National Origin

    By: Philip A. Toomey, Esq. The California Office of Administrative Law has approved new regulations that took effect on July 1, 2018. Although California already has strict rules that prohibit harassment and discrimination based upon protected classes (including national origin), these new regulations significantly expand those rules. The new regu…Read More

  10. California Legislature Passes AB2770: Privileged Communication Now Includes Communications by Former Employer Pertaining to Sexual Harassment

    By: Philip A. Toomey, Esq. On Friday, June 29, the California Legislature passed AB2770 and forwarded the bill to the Governor for signature. This bill expands the Civil Code section 47(c) provisions exempting from claims of libel or slander certain types of communications. Under the amended language, a current or former employer is permitted to a…Read More

  11. California Labor Commissioner Fines Cheesecake Factory and Its Janitorial Contractor

    By: Philip A. Toomey, Esq. The California Labor Commissioner announced yesterday that it was fining Cheesecake Factory, and its janitorial contractor, Americlean Janitorial Services, and Magic Touch Commercial Cleaning (Americlean’s subcontractor) $4,206,351. A copy of the fines are available here. Rather than onboarding employees to perform all …Read More

  12. IRS to End Offshore Voluntary Disclosure Program in September 2018; Taxpayers’ Next Steps Regarding Offshore Compliance

    By: Matthew S. Sutphen, Esq. and William A. Buck, Esq.  The Internal Revenue Service (“IRS”) recently announced that its Offshore Voluntary Disclosure Program (“OVDP”) will be ending on September 28, 2018. The program, which commenced in 2009, is designed to allow taxpayers with unreported offshore assets to voluntarily resolve past tax an…Read More

  13. A General Liability Insurer’s Duty to Defend in California

    By: Philip A. Toomey, Esq. On Monday, June 4, the Supreme Court of California ("SCOCAL") ruled that under certain circumstances, a general liability insurer has an obligation to defend an insured who has been sued for negligent hiring and retention. This is a major ruling, since most general liability carriers have, in the past, declined such clai…Read More