Chris Braham
Subscribe to Chris Braham's PostsChristopher A. Braham focuses his practice on employment litigation and counseling. Christopher represents employers in all stages of employment litigation, including in putative class action, single and multi-plaintiff lawsuits concerning claims for meal and rest period violations, failure to pay wages and bonuses, off-the-clock work, misclassification, discrimination, retaliation, wrongful termination and misappropriation of trade secrets. Christopher advocates for clients in state and federal courts and administrative agencies, including in proceedings before the Department of Fair Employment and Housing, the Division of Labor Enforcement Standards and the Equal Employment Opportunity Commission. Read Christopher Braham's full bio.
Independent Contractor Rule Draws 55,000-plus Comments
By Chris Braham on Jan 10, 2023
Posted In Employee Benefits, Employment
A US Department of Labor proposal to toughen its independent contractor rule is generating controversy and a lot of interest. Business groups, unions, advocacy organizations and individuals seized the opportunity to comment on the proposed rule, with more than 55,000 comments received by the deadline. The rules developed by President Biden’s administration will determine who...
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The DOL Has Issued New Proposed Independent Contractor Classification Rules. What Now?
By Chris Braham, Joseph K. Mulherin, David Fuller and Jennifer Hill on Nov 2, 2022
Posted In Employment, Labor
On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor economic realities test. While the test factors remain the same (for the most part), the DOL’s NPRM advances interpretations of the various...
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California Supreme Court Clarifies Whether Missed-Break Premiums Are ‘Wages’ That Trigger Derivative Penalties
By Chris Braham, Yesenia M. Gallegos and Paulina Chau on Jun 29, 2022
Posted In Employment, Labor
On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that: (1) must be accurately reported on employee wage statements pursuant to Labor Code section 226 and (2) must be...
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US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated
By Chris Braham, Joseph K. Mulherin and McDermott Will & Emery on Jan 28, 2022
Posted In Employment, Labor
California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal Arbitration Act (FAA) “requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA.”...
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California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water
By Marjorie C. Soto Garcia, Chris Braham and Maria C. Rodriguez on Nov 10, 2021
Posted In Employment, Privacy and Data Security
The California Department of Fair Employment and Housing (DFEH) recently announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to identify words and phrases in job advertisements that violate the FCA. The FCA was first enacted on January 1, 2018, to prohibit employers...
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VIDEO: The COVID Vaccine – Understanding What’s Next
By Chris Braham, Christopher Foster and Michelle S. Strowhiro on May 12, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
Employers have questions about the COVID-19 vaccine and how to update their employment policies. In this video, McDermott partners, Chris Braham, Chris Foster and Michelle Strowhiro answer questions about vaccine requirements in the workforce, additional considerations and more. Access the video.
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Lessons in Crafting Valid Employment Class Settlements
By Chris Braham on Feb 25, 2021
Posted In Employment, Labor
Aspiring employment lawyers ask questions of their mentors. Try this one: Did you ever go to trial on a wage and hour class action? The answers—ranging from “no” to “almost but …” and “rarely” to “once”—reveal an important truth: Employment lawyers handling class actions better know the inner workings of getting class settlements approved. Writing...
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What’s Expected in Employment Law in 2021?
By Chris Braham, Yesenia M. Gallegos and Elvira Kras on Feb 3, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor, Privacy and Data Security
Last year ended as an unprecedented and historic year, with far-reaching effects across diversity, equity and inclusion, employment practices and workplace standards. In a recent article for International Law Office, partners from McDermott’s Employment group highlight what changes are expected in 2021 and how these may affect employers and employees. Access the article.
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Background Checks: The Advent of the New California Employment Class Action
By Yesenia M. Gallegos, Maria C. Rodriguez, Chris Braham and Marjorie C. Soto Garcia on Nov 6, 2020
Posted In Employment, Privacy and Data Security
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to...
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Background Checks: The Advent of the New California Employment Class Action
By Chris Braham, Yesenia M. Gallegos, Maria C. Rodriguez and Marjorie C. Soto Garcia on Jul 28, 2020
Posted In Employment, Privacy and Data Security
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to...
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