Category Archives: Employment Law

Treatise Update: Fragomen on Immigration Fundamentals

Offering in-depth coverage of bedrock immigration legislation, the latest USCIS rules and programs, and pivotal court decisions, Fragomen on Immigration Fundamentals: A Guide to Law and Practice (Fifth Edition) provides the legal and procedural knowledge to work more efficiently and effectively with employers, noncitizens, nonimmigrants, refugees, naturalized citizens, and government officials.

The latest release for Fragomen on Immigration Fundamentals updates the following chapters:

Among the new developments covered in this release are:

Public charge determinations: The Trump administration has implemented strict new standards for determining whether an adjustment applicant or immigrant visa applicant is, or is likely to become, a public charge. The new rules require officials to weigh a number of factors rather than reviewing only the sponsor’s financial information, and lengthen the list of public benefits to be considered in the review. New section 3:4.3[F], Public Charge Determinations.
Southwest border crisis: In August 2019, DHS and HHS issued a new rule relating to the detention of minors, which, in their view, terminates the Flores agreement. The rule creates an alternative licensing scheme that allows the detention of families together in the same facility; states that the criteria governing the parole of persons in expedited removal proceedings apply to minors, as well as to adults; and states that bond redetermination hearings are only available to minors in regular, not expedited, removal proceedings. Section 7:5.7[A], Trump Administration Policies.
Asylum claims: The USCIS and EOIR issued a joint rule in July 2019 that bars asylum claims by individuals who enter or attempt to enter the United States across the southern land border after failing to apply for protection from persecution or torture while in a third country through which they transited. That same month, a California district court issued a nationwide preliminary injunction, but the Ninth Circuit limited the reach of the injunction to cases arising within that circuit. New Section 6:2.6[C][7], Failure to Apply in Safe Third Country.
Expedited removal: Pursuant to new directive, in July 2019, Acting Secretary McAleenan designated for expedited removal two additional categories of persons. Section 7:5.6[A], Classes of Individuals Subject to Expedited Removal.

This essential treatise is available on PLI PLUS. If you would like to order a print copy, please contact LibraryRelations@pli.edu.

New Edition! Legal Guide to the Business of Marijuana

Legal Guide to the Business of Marijuana is a unique resource for lawyers who represent clients in what has been called the fastest growing industry in the United States. Many states now allow medical and/or recreational use of marijuana, but it remains illegal under the federal Controlled Substances Act. As a result, marijuana enterprises must operate in a legal and regulatory environment of uncertainty and rapid change, and lawyers representing these enterprises must tread carefully when advising clients.

Written by James T. O’Reilly, a lawyer and public health specialist, Legal Guide to the Business of Marijuana offers critical guidance to help lawyers effectively represent their clients while steering clear of seen and as yet unseen perils implicit in the continued federal-state conflict. Highlights of the 2019 Edition include:

Discussion and summary of the new laws in Michigan, Missouri, Oklahoma and Utah, the latest states to enact some form of legalization.
Coverage of the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), which legalized production of hemp nationwide while also retaining the regulatory power of the FDA over CBD products derived from hemp.
Updated state-by-state Appendix of cannabis-related statutes, regulation, and court cases

This essential treatise is available on PLI PLUS. If you would like to order a print copy, please contact libraryrelations@pli.edu.

Employment Law Yearbook 2019 Edition

Each edition of Employment Law Yearbook provides a comprehensive overview of the most important developments in employment law over the past year, including critical case decisions, legislative changes, government agency actions, and other events of interest to employers, employment and HR professionals, corporate attorneys, and employee advocates. Employment Law Yearbook 2019 details and analyzes recent legal developments, including:

California test for determining independent contractor status: The California Supreme Court has adopted a new test—the “ABC test”—to determine whether workers are to be classified as employees or independent contractors. Under this test, articulated in Dynamex Operations West v. Superior Court, workers are presumptively considered employees, but the employer may demonstrate a worker is more appropriately classified as an independent contractor if it proves all of several articulated factors. Chapter 1, Wage-and-Hour Issues, section 1:2.3[A], Independent Contractors.
Transgender discrimination: The Sixth Circuit, in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., became the first federal appellate court to hold that discrimination based on an employee’s transgender status is sex discrimination under Title VII. A group of sixteen states has asked the Supreme Court to overturn the decision, but the Court has not yet decided whether to take up the case. Chapter 3, Gender and Sexual Orientation Discrimination and Sexual Harassment, section 3:2.2, Sexual Orientation and Gender Stereotyping.
Noncompete agreements: In August 2018, Massachusetts enacted a law that places limitations on noncompete agreements entered into on or after October 1, 2018. The law also adopts the Uniform Trade Secrets Act. Chapter 9, Guarding Trade Secrets, Section 9:3.1, Background.
New standard for evaluating facially neutral policies: In Boeing Co., the NLRB overturned the Lutheran Heritage “reasonably construe” standard and adopted a new balancing standard for evaluating facially neutral policies that potentially interfere with the exercise of section 7 rights. The NLRB delineated three categories of work rules based on the new standard. Chapter 11, Employee Blogging and Social Media, section 11:4.1[B][1], The New Standard of Reasonableness.

This treatise is available on PLI PLUS. If you would like to order a print copy, please contact libraryrelations@pli.edu.

New Edition! Labor Management Law Answer Book

Labor Management Law Answer Book (2019 Edition) is a concise overview of the controlling provisions of the NLRA and the other major federal labor legislation. The labor and employment experts at Jones Day provide, in question-and-answer format, detailed guidance on the rights and obligations of employees, employers, management, and unions. This useful resource provides the information you need for effective planning and decision-making, and examines important and challenging issues that often arise in relation to:

Labor Management Law Answer Book covers the important and challenging issues involving labor-related rights in the workplace and is an ideal resource for every professional who represents the interests of employees, employers, management, or unions.

This essential answer book is available on PLI PLUS. If you would like to order a print copy, please contact libraryrelations@pli.edu.

PLI PLUS Employment Law Research Center

Interested in learning more about our Employment law resources on PLI PLUS? Take a look at our Employment Law Research Center!

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You can also find the Employment Law Research Center document on our Training Center.