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.
Ensuring Lawful DEI Practices: New EEOC and DOJ Guidelines for Employers
By Chris Braham, Rachel B. Cowen and Alivia Combe-DuQuet on Apr 3, 2025
Posted In Employment
On March 18, 2025, the Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents to help inform what each agency views as “unlawful” discrimination related to diversity, equity, and inclusion (DEI) programs in the workplace. These documents offer critical insights into how the EEOC and DOJ will...
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Fourth Circuit Stays Preliminary Injunction of Executive Orders Related to DEI Programs
By Chris Braham, Rachel B. Cowen, Tara Ward and Alivia Combe-DuQuet on Mar 20, 2025
Posted In Employment
On March 14, 2025, the US Court of Appeals for the Fourth Circuit issued a stay on the US District Court for the District of Maryland’s nationwide preliminary injunction of US President Donald Trump’s executive orders (EOs) that target diversity, equity, and inclusion (DEI) programs – namely, EO Nos. 14151 and 14173 – which allows...
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Federal Court Blocks Trump’s Anti-DEI Executive Orders Nationwide
By Chris Braham, Rachel B. Cowen and Tara Ward on Mar 11, 2025
Posted In Employment
On February 21, 2025, the US District Court for the District of Maryland granted a motion for a preliminary injunction against the Trump administration’s recent diversity, equity, and inclusion (DEI) executive orders. This decision followed a lawsuit that challenged the orders based on First and Fifth Amendment grounds. Read more here.
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Understanding the Trump Administration’s Executive Orders on DEI and Immigration
By Chris Braham, Rachel B. Cowen, Joseph K. Mulherin, Stephania Sanon and Tara Ward on Feb 14, 2025
Posted In Employment, Labor
On January 20 and 22, 2025, President Donald Trump issued executive orders (EOs) rolling back diversity, equity, and inclusion (DEI) and accessibility initiatives and advancing his immigration agenda. In this webinar, members of McDermott’s Employment and Government Contracts Groups provided an explanation of these Trump administration EOs. They unpacked the implications of these orders on the future of...
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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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