The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more
The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more
7/18/2024
/ Agricultural Sector ,
Agricultural Workers ,
Chevron Deference ,
Government Agencies ,
H-2A ,
Loper Bright Enterprises v Raimondo ,
Regulatory Oversight ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour ,
Workplace Safety
With California once again expecting extreme heat conditions this summer, state officials are ramping up efforts to protect agricultural workers by punishing employers who don’t comply with heat standards. The state is...more
6/25/2024
/ Agricultural Workers ,
Cal-OSHA ,
California ,
Farm Workers ,
Health and Safety ,
Heat Exposure ,
Occupational Exposure ,
State Labor Laws ,
Workers' Compensation Claim ,
Workplace Injury ,
Workplace Safety
Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more
5/14/2024
/ Child Labor ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Hiring & Firing ,
Hospitality Industry ,
Job Duties ,
Labor Law Violations ,
Minors ,
Posting Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Work Permits ,
Work Schedules
Hospitality employers will likely feel a big impact from the new federal overtime rule, which significantly raises the exempt salary threshold for certain employees in two phases. Specifically, the salary threshold for the...more
5/10/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Hospitality Industry ,
Minimum Salary ,
New Rules ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
California employers in the agriculture industry are facing challenges this spring after two major developments last month. First, new rules took effect requiring employers to provide a special written notice to H-2A...more
4/19/2024
/ Agricultural Sector ,
Agricultural Workers ,
California ,
Employer Liability Issues ,
Farm Workers ,
Federal Funding ,
H-2A ,
New Rules ,
Notice Requirements ,
Union Organizers ,
Unions ,
Wage and Hour ,
Wage Theft ,
Written Notice
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
12/4/2023
/ 401k ,
Acquisitions ,
Affirmative Action ,
Artificial Intelligence ,
Automotive Industry ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Car Dealerships ,
Chevron Deference ,
Child Labor ,
College Admissions ,
Colleges ,
Construction Industry ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Prosecution ,
Cybersecurity ,
Data Deletion ,
Data Privacy ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Diversity ,
E-Verify ,
Educational Institutions ,
EEO-1 ,
Electronic Records ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Highly Compensated Employees ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Human Resources Professionals ,
International Labor Laws ,
Joint Employers ,
Jury Verdicts ,
L-1 Visas ,
Labor Reform ,
Labor Relations ,
Labor Shortage ,
Manufacturing Employers ,
Mergers ,
Mexico ,
Name and Likeness ,
New Legislation ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Over-Time ,
Pay Data ,
Pay Equity Laws ,
Pay Transparency ,
Payroll Taxes ,
Privacy Laws ,
Professional Employer Organization ,
Proposed Rules ,
Recordkeeping Requirements ,
Recruitment Policies ,
Remote Working ,
Reporting Requirements ,
Restaurant Industry ,
Restrictive Covenants ,
Retirement Plan ,
Salaried Employees ,
Scheduling Letters ,
School Districts ,
School Policies ,
SCOTUS ,
SECURE Act ,
Severance Agreements ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
State of Emergency ,
Student Athletes ,
Student Loans ,
Students ,
Tip Credit ,
Title IX ,
Trade Secrets ,
Transgender ,
Union Organizers ,
Unions ,
Universities ,
USCIS ,
Wage and Hour ,
Workplace Safety ,
Workplace Violence
California has long required food handlers in restaurants to obtain certification — and until now, training and testing has been the employee’s responsibility. A new law Governor Newsom approved on October 8, however, shifts...more
A recent multimillion dollar wage theft citation against a California franchise operation should put fast-food businesses and other franchise models on notice that your business model could be the next target. The California...more
A deal between labor and business groups has just been struck that would remove a controversial referendum from the ballot, but will instead enact a $20 minimum wage for the California fast food industry. Employers will...more
The California Supreme Court ignored guidance from the U.S. Supreme Court Monday when it ruled that employees can still proceed with parts of their lawsuits against employers even if the PAGA portions of their claims are...more
After nearly two decades of being defunded by California lawmakers, the controversial Industrial Welfare Commission (IWC) may be on the verge of being reinstated – but are employer concerns premature? Originally established...more
Governor Newsom recently signed a bill into law clarifying that a single alternative to the traditional secret ballot method – an alternative known as the “card check” election – may be used for unions to organize at...more
On the heels of the new rule for the H-2A program impacting nonimmigrant agricultural workers that took effect late last year, the Department of Labor recently published a follow-up rule introducing the methodology that...more
The Agricultural Labor Relations Board recently published an overview on AB 2183, the monumental “card check” legislation passed last year that makes it far easier for California agricultural workers to organize into unions....more
Governor Newsom just approved “card check” legislation making it far easier for California workers to organize into unions and creating headaches for agricultural employers in the state. Newsom’s signature on September 28...more
California agricultural employers are in for a whirlwind month ahead as labor advocates and farmworker unions are once again demanding Governor Newsom pass the infamous “card check” bill. If signed, this bill would make it...more
California lawmakers just passed the first bill in the nation that aims to enact specific workplace rules and standards for fast-food employees – a move that could have devastating consequences for the industry. The Fast Food...more
9/1/2022
/ Employee Training ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Work Schedules ,
Working Conditions ,
Workplace Safety
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
7/21/2022
/ Background Checks ,
Blockchain ,
College Athletes ,
Cryptocurrency ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Hospitality Industry ,
Misclassification ,
Non-Fungible Tokens (NFTs) ,
Pay Data ,
Pay Transparency ,
Sports ,
Student Athletes ,
Tip Credit ,
Tipped Employees ,
Tips ,
Unions ,
Wage and Hour
Employers can enforce arbitration agreements in California to the extent they require an employee to arbitrate individual claims under the state’s Private Attorneys General Act (PAGA), according to an 8 to 1 SCOTUS ruling...more
6/16/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Viking River Cruises Inc v Moriana
After repeatedly denying requests to decide the same issue, the U.S. Supreme Court has finally agreed to review the rule prohibiting California Private Attorneys General Act (PAGA) waivers in individual arbitration...more
Just in time to frighten hospitality employers, the U.S. Department of Labor just issued its final rule regarding tipped wages, reinstituting a worker-friendly rule that will cause challenges for most businesses utilizing the...more
California Governor Gavin Newsom signed into law on Friday a statewide right of recall for employees in certain industries who were laid off due to effects of the COVID-19 pandemic. SB 93, which enacts Labor Code Section...more
The restrictions placed on indoor occupancy in response to the COVID-19 pandemic have forced businesses to think creatively in order to stay open. Businesses across all sectors have turned to technology in adapting to their...more
Imagine this: COVID-19 restrictions on indoor dining have lifted, you walk in to your favorite restaurant, and instead of seeing bussers patrolling tables, you see a three-foot tall robot scooting around the floor. No, you...more