Richard Meneghello

Richard Meneghello

Fisher Phillips

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Fight Over Seattle’s Attempt To Unionize On-Demand Economy Reaches Critical Point

If the City of Seattle has its way, your next ride-sharing driver could be part of a first-of-its-kind union. And if on-demand economy companies have their way, the courts will block any such unionization efforts before they...more

3/25/2017 - Chamber of Commerce Constitutional Challenges Free Speech Freedom of Association Independent Contractors Local Ordinance NLRA On-Demand Services Preemption Price-Fixing Ridesharing Sharing Economy Sherman Act State and Local Government Uber Unions

Latest Misclassification Settlement Fails To Lyft Sharing Economy Companies

Late last week, a federal court judge in California approved a settlement agreement whereby ride-sharing company Lyft agreed to pay $27 million to approximately 95,000 California drivers who alleged they were misclassified as...more

3/22/2017 - Class Action Damages Gig Economy Independent Contractors Lyft Misclassification Settlement Agreements Sharing Economy Uber Wage and Hour

The Future Rise Of The “Contributor” – Are We Closer To Finding That Elusive Third Category Of Worker?

According to a recent survey by Randstad US, an HR and staffing services company a growing number of workers prefer to be known as “contributors” rather than employees or independent contractors. Reflecting a restlessness in...more

3/20/2017 - Employee Definition Gig Economy Independent Contractors Millennials Misclassification On-Demand Services Sharing Economy

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban

In the most stinging legal rebuke yet to President Trump’s efforts to bar certain immigrants from reaching the country’s shores, a federal judge in Hawaii late Wednesday ordered the president’s second travel ban be...more

3/16/2017 - Customs and Border Protection DHS Establishment Clause Executive Orders Foreign Nationals I-193 Visa Waiver Immigration Reform Imminent Harm Muslims Preliminary Injunctions Religious Discrimination Restraining Orders Standing Tourism Travel Ban Traveling Employee TRO Trump Administration Universities Visa Waiver Program Visas

The Future Is Now: Robots And Artificial Intelligence In The Workplace

While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more

3/13/2017 - Artificial Intelligence Data Breach Data Collection Data Security Hiring & Firing Involuntary Reduction in Force NLRB OSHA Popular Privacy Concerns Robots WARN Act Workplace Safety

Uber’s Latest Win Provides Roadmap For Sharing Economy Companies Battling Misclassification

I coauthored an article last week about Uber’s big misclassification victory in a California court. This decision has not (yet) received the national attention it deserves, probably because of the procedural quirks involved...more

3/7/2017 - Employer Liability Issues Misclassification Sharing Economy Uber

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

3/4/2017 - Appeals Commission on Human Rights Damage Caps Dismissals Employer Liability Issues Exclusive Remedy Exhaustion Doctrine Preemption Reversal Sexual Assault Sexual Harassment State Law Tort Claims TX Supreme Court Vicarious Liability

Uber Court Victory A Win For Sharing Economy Companies Everywhere

A California court quietly granted ride-sharing giant Uber a significant victory last week in the ongoing misclassification battle over whether its drivers are properly classified as independent contractors. Although this...more

3/4/2017 - Arbitration Arbitration Agreements Class Action Employer Liability Issues Independent Contractors Misclassification Right to Control Sharing Economy Uber

Workplace Law Regs On White House Chopping Block

Last week, President Trump signed an executive order requiring every federal agency to establish a “Regulatory Reform Task Force” to eliminate what he considers to be unnecessary and burdensome regulations hampering the...more

3/1/2017 - Affordable Care Act DOL EEO-1 EEOC Employer Mandates Excise Tax Executive Orders Fair Pay and Safe Workplaces Over-Time Pay Ratio Regulatory Reform Repeal SEC Trump Administration Wellness Programs White-Collar Exemptions

Second Time's The Charm? An Employer's Guide To Labor Secretary Nominee Alexander Acosta

After his initial selection of Andrew Puzder was scuttled by staunch opposition from Democrats and worker advocates, President Trump nominated Alexander Acosta to be the country’s next Secretary of Labor. This Cabinet-level...more

2/20/2017 - DOL OFCCP OLMS OSHA Political Appointments Secretary of Labor Trump Administration Wage and Hour

What Employers Need To Know About The "Day Without Immigrants" Walkout

Employee walkouts and protests are anticipated across the country on Thursday, February 16, and Friday, February 17, as immigrants and others disappointed by the Trump administration’s position with respect to immigration...more

2/16/2017 - Best Management Practices Executive Orders Immigrants NLRA Strike Trump Administration

President's Immigration Ban Remains Blocked

Federal Appeals Court Rejects Government Bid To Reinstate Travel Ban - After hearing an emergency oral argument late Tuesday, the 9th Circuit Court of Appeals agreed with a lower federal court judge and late today upheld...more

2/10/2017 - Appeals Article II DHS DOJ En Banc Review Executive Orders Fifth Amendment First Amendment Immigration and Nationality Act Travel Ban TRO Trump Administration

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until Next Term

A Full Complement Of SCOTUS Justices Bodes Well For Employers - When the U.S. Supreme Court announced several weeks ago it would settle a dispute about whether employers can use mandatory class action waivers with their...more

2/9/2017 - Class Action Arbitration Waivers Collective Actions D.R. Horton v NLRB Ernst & Young Judicial Appointments Murphy Oil v NLRB Neil Gorsuch NLRB SCOTUS Section 7

White House Reaffirms Protections For Federal Contractor LGBTQ Workers

Earlier today, the White House issued a statement announcing that it would continue to enforce President Obama’s 2014 executive order that protects the rights of the LGBTQ community in the federal contractor workplace. While...more

2/1/2017 - Anti-Discrimination Policies Federal Contractors LGBTQ Trump Administration

Will SCOTUS Justice Gorsuch Treat Employers Well? The Magic 8-Ball Says: “Signs Point To Yes”

Late yesterday, President Trump selected Judge Neil Gorsuch to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Gorsuch would occupy a critical position on the Court,...more

2/1/2017 - Judicial Appointments Neil Gorsuch SCOTUS Trump Administration

Joint Employment Jolt: Federal Appeals Court Creates New And Troubling Standard

In a pair of sure-to-be controversial decisions, the 4th Circuit Court of Appeals created a new and troubling standard to determine whether individuals should be considered “joint employees” of multiple entities. The new...more

1/31/2017 - Appeals Corporate Counsel DirecTV FLSA Joint Employers Multi-Factor Test Subcontractors Wage and Hour

No Excuses: “Retroactive Leniency” Is Not An ADA Reasonable Accommodation

3 Things To Know About Favorable Court Decision - A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself. The court ruled...more

1/27/2017 - ADA Corporate Counsel Defense Strategies Disciplinary Proceedings EEOC Interactive Process Leniency Guidelines Reasonable Accommodation

What Every Employer Needs To Know About The Super Bowl

The stage is officially set. The Atlanta Falcons will be playing the New England Patriots in Super Bowl 51 on Sunday, February 5, 2017, and no doubt your employees are very much aware of the upcoming game. A good many of them...more

1/26/2017 - Best Management Practices Employment Policies Sports Gambling Super Bowl

President Trump Meets With Union Leaders On First Business Day In Office: Should Employers Be Worried?

On Monday, President Trump’s first full business day in the White House, the newly sworn-in president met with a consortium of about a dozen union leaders and members for what was described as a “listening session.” Although...more

1/25/2017 - Construction Industry Job Creation Trump Administration Unions

Federal Contractors Must Provide Privacy Training - Follow The 5-Step Plan To Ensure Compliance

Effective immediately, federal contractors will need to comply with privacy training rules intended to ensure that their workforces protect personally identifiable information. As of January 19, 2017, federal contractors will...more

1/23/2017 - Department of Defense (DOD) Employer Mandates Federal Contractors General Services Administration (GSA) NASA Personally Identifiable Information Privacy Policy Training Requirements

Supreme Court Agrees To Wade Into Class Waiver Conflict

In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will...more

1/18/2017 - Certiorari Class Action Arbitration Waivers Collective Actions Ernst & Young Federal Arbitration Act Murphy Oil USA NLRA NLRB SCOTUS

An Employer’s Horror Story For Friday The 13th: Retaliation Claim Survives 13-Year Gap

January 2017 is one of those rare months including a Friday the 13th, which might bring to mind a horror movie where a seemingly vanquished killer somehow rises to his feet – once again! – to wreak havoc on his stunned...more

1/11/2017 - Adverse Employment Action Corporate Counsel Employer Liability Issues Hiring & Firing Protected Activity Retaliation Sexual Harassment

Groundhog Day Comes Early For West Coast Auto Dealers: Another Loss In Service Advisor Exemption Battle

In a disappointing but perhaps unsurprising decision, the 9th Circuit Court of Appeals once again ruled that service advisors employed by automobile dealerships do not qualify for the Section 13(b)(10)(A) overtime exemption...more

1/11/2017 - Appeals Car Dealerships Chevron Deference DOL FLSA Navarro v Encino Motorcars SCOTUS Service Advisors Wage and Hour White-Collar Exemptions

Departing Labor Secretary Takes Parting Shot At Gig Economy

With one of his last official actions as Secretary of Labor, Thomas Perez published a “Memorandum to the American People” touting his accomplishments over the past four years and providing his suggestions for the incoming...more

1/10/2017 - Gig Economy Misclassification Secretary of Labor

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