This program will provide the most recent developments in three important and ever-changing aspects of employment law in 2020: Cannabis, Employee Leaves of Absence, and Immigration.
Cannabis. Although cannabis is illegal under federal law, 33 states and the District of Columbia have legalized cannabis for medical use and ten states, as well as D.C., have legalized it for recreational use - a dichotomy that presents a unique and complex challenge for employers and employees. This presentation will provide an overview of federal and state marijuana laws, discuss specific aspects of the employment relationship affected by the legalization of marijuana in certain states, and offer practical guidance for employers on how to navigate this new and developing area of the law.
Employee Leaves of Absence. There are many complexities facing employers relating to employees who take various leaves of absence under various statutes (e.g. FMLA, Workers Compensation). These statutes always overlap with and intersect with employer legal responsibilities towards disabled employees under the Americans With Disabilities Act (and similar state laws). This CLE will explain and clarify the relationships between these laws and what the employer’s compliance obligations are and how to best implement workplace policies that address all of these issues
Immigration. This part of the presentation will cover important aspects of immigration and workplace compliance, including Form I-9 Compliance, SSA No-Match letters, and ICE inspections.
Mark is a labor and employment lawyer who handles both union and non-union matters for employers across the country. He counsels human resource professionals and in-house counsel in complying with the myriad federal/state employment laws to provide creative, practical and cost-effective solutions to employment issues and problems.
Mark concentrates in wage-hour law. He has extensive wage-hour experience and has represented more than 200 clients before the United States and many state Departments of Labor on misclassification (i.e. exemption), working time, child labor and other issues. He has deep experience in construction wage-hour law, where he represents construction contractors and sub-contractors in federal Department of Labor Davis-Bacon cases and audits, Service Contract Act cases and audits, state Department of Labor prevailing wage inspections, audits and debarment proceedings.
Mark publishes the Wage & Hour -- Developments & Highlights Blog to provide the latest information and his observations on new developments in wage-hour law, such as class actions, exemption/misclassification and working time issues. He has defended a number of individual plaintiff and class overtime actions brought under the Fair Labor Standards Act and various state laws. Some of his representative matters include:
A case of first impression, UTU, Local 1759 v. ONE Bus Company, 111 F.Supp.2d 514 (D.N.J. 2000), in which he successfully relied upon a single U.S. Department of Labor Opinion Letter to defeat a class action in which the agreed-upon damages were $750,000.
In Moeck v. Gray Supply Company, another class action, he defeated a motion for conditional class certification and succeeded in having the action dismissed via summary judgment, an uncommon occurrence at such an early stage in a class action.
In Kavanaugh v. Grand Union, 192 F.3d 269 (2d Cir. 1999), the Second Circuit agreed with his argument that travel time of four to six hours was “ordinary” home-to-work commutation and therefore non-compensable.
Where the New Jersey Department of Labor made a preliminary overtime assessment of more than $400,000, he was able, in a single meeting with Department officials, to secure complete rescission of the overtime assessment and settle the case for a nominal record keeping penalty.
In August 2009, in a case of first impression in the District of New Jersey, he successfully utilized an Offer of Judgment under Federal Rule of Civil Procedure 68 to dismiss an FLSA collective action.
Mark has concentrated on the high profile, large-dollar exposure issue of exemption misclassification affecting the financial services and banking industries. He has presented at national conferences, addressed these issues in his wage-hour blog and has defended financial services employers in DOL audits.
Mark also has a strong background in traditional labor law. He has acted as Chief Spokesperson at numerous labor negotiations. He has arbitrated numerous cases involving both wrongful discharge and contract interpretation claims. He has defended employers in numerous NLRB proceedings, representational and unfair labor practice. He has also litigated several non-compete/restrictive covenant cases (on both the plaintiff and defendant side) as well as employment discrimination cases in federal and state courts.
Mark is a frequent guest speaker on wage-hour and employment law issues and has appeared on local and national television programs commenting on these matters. He authored a weekly column on labor and employment issues titled "Making the Law Work."
Some of his representative appearances include:
Presentation of day-long seminar on Davis-Bacon Act, Service Contract Act and New Jersey Public Contracts Act issues (Cherry Hill, New Jersey, February 2010)
Presentation on recent wage-hour developments at the “Hot Legal Topics” seminar sponsored by the New Jersey Business & Industry Association (October 2009).
Presentation on child labor issues to the statewide conference of the New Jersey Amusement Employers Association (Atlantic City, March 2009).
Presentations at statewide conferences of the New Jersey Payroll Association on new FLSA exemption regulations and current developments in New Jersey wage-hour law (May 2003, May 2004).
Presentation at the national conference of the Mortgage Bankers Association on exemption and misclassification issues in the financial services industry (Washington, DC, June 2001).
Presentation of Wage and Hour Seminar of the New Jersey Department of Labor & Workforce Development and the Essex County Employer Council (Roseland, NJ, May 15, 2008).
Joe focuses his practice on the litigation of labor and employment matters and commercial disputes. He has extensive experience in wage-and-hour actions, as well as wrongful termination litigation and contract disputes. He regularly handles matters in the Pennsylvania state courts and in federal courts throughout Pennsylvania, New Jersey, and the Midwest.
Joe is also a member of Fox’s Cannabis Law Practice Group. He frequently writes and speaks about developments in the cannabis sector, and tracks legal issues in this highly regulated industry in Pennsylvania and nationwide. He is a member of the Pennsylvania Bar Association’s Medical Marijuana and Hemp Law Committee, where he leads the Employment Law Subcommittee.
*Please be mindful that possessing, using, distributing and/or selling marijuana is a federal crime, and no legal advice we give is intended to provide any guidance or assistance in violating federal law nor will it provide any guidance or assistance in complying with federal law. Please also note that we are not advising you regarding the federal, state or local tax consequences of engaging in any business in this industry.
In the highly regulated cannabis industry, success is reserved for those who take a thoughtful and strategic approach to entering this market. In the Weeds aims to help keep today’s cannabis entrepreneur well informed. Joe tracks developments in marijuana law and business, including regulatory framework in states where cannabis has been legalized for medical and/or recreational uses and the unique issues that businesses in the cannabis industry face. Join this blog team in their examination of issues that are distinct to companies in the legal marijuana space, as well as the interplay of collateral businesses to the cannabis industry.
This national survey is a quick reference resource to the relevant laws and regulations governing how workplaces should respond to the growing trend of legalizing marijuana for medical and recreational use in jurisdictions throughout the United States. In particular, the survey provides links to laws and regulations governing medical marijuana, recreational marijuana and occupational drug testing laws in each state where marijuana has been legalized, as well as summaries of important court rulings interpreting these rules.
Though cannabis is illegal under federal law, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as D.C., have legalized it for recreational use—a dichotomy that presents a unique and complex challenge for employers. This publication provides an overview of federal and state marijuana laws, discusses specific aspects of the employment relationship affected by the legalization of marijuana in certain states, and offers practical guidance for employers on how to navigate this new and developing area of the law.
Prior to joining Fox, Joe was an attorney for a Pennsylvania-based law firm where he handled insurance defense matters.
During law school, Joe was a legal intern to the Honorable Thomas J. Rueter of the U.S. District Court for the Eastern District of Pennsylvania. He also worked as a law clerk for a Delaware Valley-based law firm and a legal intern in the Civil Division of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
Joe was also a Notes and Comments Editor of the Temple Journal of Science, Technology & Environmental Law. He also served as the Temple Law Student Liaison to the Philadelphia Bar Association Young Lawyers Division and as a coach of St. Joseph’s Preparatory School Mock Trial Team.
While in college, Joe studied abroad at the Universitat Pompeu Fabra in Barcelona, Spain.
Joe is Vice Chair of the Young Lawyers Section of the Montgomery Bar Association and previously served as Treasurer and Community Outreach Liaison. He also serves as the Assistant Editor of the Montgomery County Law Reporter.
Joe currently serves on the editorial board of the Cannabis Law & Regulation Reporter.
A recognized leader in immigration and nationality law, Alka counsels clients on legal and strategic issues arising from the international movement of key personnel, from the individual transfer of high-ranking executives to high-volume transfers of expert staff.
Alka is co-chair of the firm's Immigration Practice Group, focusing on corporate immigration. She has extensive knowledge and in-depth experience in obtaining non-immigrant and immigrant visas on behalf of clients, as well as counseling, training and developing compliance programs for employers. In addition, the practice supports the global movement of client personnel.
Over the years, Alka has developed an in-depth understanding of the ways in which immigration compliance and visa processing are affected by the delicate interplay among the law, current political machinations and the needs of businesses. She is particularly fluent in the bureaucratic process, political nuances and comprehensive understanding of the current, ever-changing immigration laws. This enables her to provide effective, mindful, and creative representation to her clients. She provides clients with a full range of immigration related legal services which are carefully crafted to reflect each client's goals and objectives.
As many employers know, immigration laws are enforced by government agencies around the world that often provide restrictive responses to immigration and the legitimate needs of businesses to employ the best workers regardless of nationality. Alka assists employers in meeting their needs efficiently and effectively, while endeavoring to minimize the inconvenience, delay, expense, and potential liability related to immigration issues. She offers advisory services to help navigate the complex areas of work authorization and immigrant and non-immigrant visa services as well as develop foreign national workforce policies, training programs, and corporate compliance strategies, such as I-9 Compliance, to respond to workplace needs. Further, she conducts on-site preventive training programs designed to meet clients' specific needs.
In the course of her career, focused exclusively on corporate immigration law, Alka has represented a wide variety of clients, from Fortune 500 corporations to publicly traded companies, to medium-sized, privately held corporations to small start-up ventures, high-net-worth individuals and nonprofit organizations across the country. Alka has developed a niche in representing fashion houses of all sizes around the world and has become well known for her attention and creative solutions to employers' hiring needs.
Other industries Alka has assisted include:
Alka has an extensive practice advising clients with regard to Federal Employment Eligibility Verification, including I-9 consulting, corporate I-9 policies and best practices, auditing, training and inspection defense. She conducts elite customized training programs and workshops for employers in person and over the web to address specific needs, including best practices, legal requirements, corrective procedures and remote hires. She provides clients with comprehensive I-9 audits, including full-scale remediation, training, program review and revision with ongoing spot checks to ensure continued compliance.
She has also defended a wide variety of clients, from small family owned businesses to large-scale employers with thousands of employees, in I-9/IRCA Inspections conducted by the Department of Homeland Security, Immigration and Customs Enforcement. Her years of experience in this area have allowed her the opportunity to develop relationships with DHS personnel across the country and become well versed in the complicated federal anti-discrimination laws, formal and informal compliance guidelines so she may support clients in ensuring compliance, avoiding federal audit, and building a strong defense against potential fines and sanctions.
She also has a wide range of experience with non-immigrant visas, assisting numerous clients in negotiating the complex maze of regulations, policies and operational instructions that must be navigated to obtain these visas, clearing processing both in the U.S. as well as at U.S. embassies worldwide.
Similarly, she has an extensive experience with immigrant visas, employing a nuanced understanding of the most recent changes in the law relevant to all types of matters before the Department of Labor, the Department of Homeland Security, the National Visa Center and U.S. Embassies and Consulates worldwide.
Also a member of the firm's Labor & Employment Practice Group, and a leader of Fox Rothschild’s cross-practice global workforce team Alka works in tandem with the firm’s labor, employment, and benefits lawyers, to provide integrated cross-border advice, counseling, and strategic planning. Alka has assisted with a variety of management-side negotiations related to immigration matters, and has provided guidance and training on I-9 and Social Security mismatches to employers of all sizes. She also coordinates with other Fox Rothschild attorneys to provide clients with a full range of legal services requiring the skills of lawyers practicing in a variety of disciplines, ranging from customs, international, tax, corporate, business reorganization, employment, real estate, trusts and estates and litigation groups.
Alka has filed more than 10,000 petitions relating to the employment of non-immigrants and the acquisition of permanent residence. Alka is committed to strategic immigration planning, responsive to the unique needs of business clientele, and mindful of the enormous importance of timely and cost-effective legal representation.
A noted speaker and author on corporate immigration topics, Alka regularly hosts seminars on business immigration, immigration compliance and strategic planning and has authored numerous published articles in this area, as well as visa-related topics.
Alka is permitted to represent immigration clients in every jurisdiction of the United States and all Consulates worldwide.
Prior to merging with Fox Rothschild, Alka was the Chair of the Corporate Immigration Practice Group at Grotta, Glassman & Hoffman. Prior to that, Alka built and managed a highly successful business immigration practice operating in all jurisdictions worldwide.
Alka serves as a delegate for the New Jersey State Bar Association's General Council.
In 2014, Alka became the Chair-Elect of the Immigration Section of the New Jersey State Bar Association.
In 2011, Alka was appointed to four American Immigration Lawyers Association (AILA) committees including Customs and Border Control, Department of Labor, ICE, and Technology, which she serves as the co-chair on.
In 2008, Alka was appointed chair of the Immigration Law Committee of the Essex County Bar Association.
Immigration View Blog
U.S. immigration law comprises a system of highly complex, intricate, many-layered statutes, regulations, informal agency materials and policies which are often influenced by the current political climate. Anyone attempting to navigate this system needs attorneys well versed in the nuances of this multifaceted process. Join our experienced immigration bloggers as they provide regular updates for employers on the full gamut of immigration issues ranging from hiring, compliance and employment best practices to the latest developments in visa news and coverage of significant immigration-related decisions, as well as practical advice to ease the immigration process.
View the Immigration View Blog
I-9 Process Guide (pdf)
I-9 Audit Guide (pdf)
The links below provide a description of the selection process methodology for the awards referenced throughout our website.
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(201) Best of Bergen Magazine, "Bergen's Top Lawyers"
Bergen's Top Lawyers
ALM, "Women Leaders in the Law"
American Institute of Family Law Attorneys, "10 Best"
American Institute of Legal Counsel, "10 Best by State"
American Institute of Legal Counsel, "10 Best Female"
American Institute of Legal Counsel, "10 Best Firms"
American Institute of Legal Counsel, "10 Best Under 40"
Atlantic City Weekly, "Top 40 Under 40"
Top 40 Under 40
Atlantic County Bar Association, "Honorable Benjamin A. Rimm Award"
Benchmark Litigation, "Litigation Stars," "Future Stars," and "Top Litigators Under 40"
Benchmark Litigation, "Under 40 Hot List"
Best Lawyers, "Lawyer of the Year"
Best Lawyers, "The Best Lawyers in America"
Billy Penn, "Who's Next"
BTI Consulting Group, "Client Service All-Star Team"
Chambers Global and Chambers USA
Chicago Daily Law Bulletin, "40 Attorneys Under 40 to Watch"
Corporate INTL Magazine, "Environment Attorney of the Year Award"
D Magazine, "Best Lawyers in Dallas"
Best Lawyers in Dallas
Delaware Today, "Top Lawyers"
Finance Monthly, "Deal Maker of the Year"
Franchise Times, "Legal Eagles"
Forbes, "America's Top Trusted Corporate Law Firms"
America's Top Trusted Corporate Law Firms
Fort Worth, Texas Magazine, "Top Attorneys"
Global Gaming Business Magazine, "Emerging Leaders of Gaming 40 Under 40"
Emerging Leaders of Gaming 40 Under 40
Global Gaming Business Magazine, "People to Watch"
Human Resources Executive, "Most Powerful Employment Attorneys," "Hall of Fame"
IAM Media, IAM Strategy 300 – The World’s Leading IP Strategistshttps://www.iam-media.com/directories/strategy300/info/methodology
IAM Media, IAM Patent 1000 – The World’s Leading Patent Professionalshttps://www.iam-media.com/directories/patent1000/info/methodology
JD Supra's Reader's Choice Awards, Readers Choice Awards, Top Firms/Authors, Top Read Articles
JD Supra's Reader's Choice Awards
Latino Leaders, “Top Latino Lawyer”
Top Latino Lawyer
Law360, "MVP Awards"
Law Bulletin Publishing Company, "Leading Lawyers" and "Emerging Lawyers"
The Legal Intelligencer, "Distinguished Leader"
The Legal Intelligencer, "Lawyers on the Fast Track"
The Legal Intelligencer, "Lifetime Achievement Awards"
The Legal Intelligencer, "Top Women in Law" (formerly named "Women of the Year")
The Legal Intelligencer, "Women on the Verge"
Women on the Verge
Lexology, "Client Choice Awards"
LMG Life Sciences, "Life Sciences Stars"
M&A Advisor Awards, "Deal of the Year"
M&A Advisor Awards, "Emerging Leaders"
Main Line Today, "Top Lawyers"
Managing Intellectual Property, "IP Stars"
Managing Intellectual Property, "IP Stars – Top 250 Women in IP"
Managing Intellectual Property, "Outstanding Litigator"
Marquis, "Who's Who Top Lawyers", "Who's Who in American Law"
Martindale-Hubbell "AV Preeminent ®" Rated
Minnesota Monthly, "Minnesota's Best Lawyers"
Minnesota State Bar Association, "North Star Lawyer"
Morris/Essex Magazine, "Top Attorneys in Morris"
Top Attorneys in Morris
National Academy of Criminal Defense Attorneys, "Top 10 Criminal Defense Attorneys by State"
National Academy of Family Law Attorneyshttp://www.nafla.net/selection-process
National Asian Pacific American Bar Association, "Best Under 40 Award"
National Black Lawyers, "Top 100" and "Top 40 Under 40"
National Law Journal, "Trailblazers"
New Jersey Law Journal, "40 Under 40"
New Jersey Law Journal, "Attorney of the Year"
New Jersey Law Journal, "Diverse Attorneys of the Year"
New Jersey Law Journal, "Litigation Departments of the Year"
New Jersey Law Journal, "New Leaders of the Bar"
New Jersey Law Journal, "Professional Excellence Awards"
New Jersey Law Journal, "Top Women in the Law"
New Jersey Law Journal, "New Jersey Trailblazers"
New Jersey Trailblazers
New Jersey State Bar Association, "Professional Lawyer of the Year"
Professional Lawyer of the Year
NJBIZ, "Best 50 Women in Business"
Best 50 Women in Business
NJBIZ, "Forty Under 40"
Forty Under 40
NJBIZ, "Vanguard Series: Leaders in Law"
Philadelphia Bar Association, "Sandra Day O'Connor" Awardhttp://www.philadelphiabar.org/WebObjects/PBAReadOnly.woa/Contents/WebServerResources/CMSResources/OConnor2018NominationForm.pdf
Philadelphia Business Journal, "40 Under 40"
40 Under 40
Philadelphia Business Journal, "Best of the Bar" (formerly named "Leaders in the Law")
Best of the Bar
Philadelphia Business Journal, "Real Estate Deal of the Year"
Philadelphia Business Journal, "Life Sciences Award"
Philadelphia Business Journal, "Women of Distinction" and "Rising Stars"
Women of Distinction and Rising Stars
The Philadelphia Inquirer, "Influencers of Law"
Influencers of Law
Philadelphia Magazine, "Five Star Wealth Managers"
Five Star Wealth Managers
Princeton Chamber of Commerce, "Champions for Business"
Champions for Business
Real Estate Forum and GlobeSt.com, "Women of Influence"
ROI-NJ Magazine, "ROI Influencers"
SJ Magazine, "Top Attorneys"
The Society of Financial Service Professionals - "Top Leaders 40 and Under"
Top Leaders 40 and Under
Thomson Reuters, "Super Lawyer/Rising Star"
Virginia Business, "Legal Elite"
Who's Who Legal, "Who's Who Legal 100"
World Trademark Review, "WTR 1000 – The World’s Leading Trademark Professionals"
Worth Magazine, "Top 100 Attorneys"