Richard Meneghello

Richard Meneghello

Fisher Phillips

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Sharing Economy Companies All Smiles After Trump’s Transpo Pick

Yesterday’s news that President-elect Trump (it still feels weird to write that, I gotta admit) selected Elaine Chao as his Secretary of Transportation was well-received in the sharing economy. Rideshare giants Uber and Lyft...more

12/1/2016 - Donald Trump Gig Economy Ridesharing Sharing Economy

OT Aftermath: FAQs On How Employers Should Respond To Overtime Rule Decision

Employers are returning from their Thanksgiving holiday weekend grappling with thorny questions following last week’s surprising and momentous court decision preliminarily blocking the Department of Labor’s overtime rule from...more

11/30/2016 - DOL Final Rules FLSA Minimum Salary Preliminary Injunctions White-Collar Exemptions

BLOCKED! Court Preliminarily Halts Overtime Rules With Last-Minute Ruling

In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more

11/23/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Non-Exempt Employees Over-Time Preliminary Injunctions Trump Administration Wage and Hour White-Collar Exemptions

Three Things Employers Need To Know About Cyber Monday 2016

This Monday after Thanksgiving – also known as Cyber Monday – is expected to be the largest online shopping day in history. Last year, an estimated 52% of Americans participated in Cyber Monday and spent over $3.1 billion,...more

11/22/2016 - Cyber Monday Disciplinary Proceedings Employee Handbooks Employer Liability Issues Employment Policies Hiring & Firing Smartphones Work Computer

Employers Claim Crucial Victory In Persuader Battle

Controversial Rule Appears To Be All But Dead For Foreseeable Future - Today a federal court judge delivered what could be the final nail in the coffin for the controversial persuader rule, which sought to force...more

11/17/2016 - DOL LMRDA Permanent Injunctions Persuader Rules Trump Administration Unions

What Will the Gig Economy Look Like Under President Trump?

It’s been a week since Election Day, and by now you should be in a position to wrap your head around the concept that Donald Trump will be our nation’s next president. Our firm produced a thorough examination of what...more

11/15/2016 - Donald Trump Gig Economy Presidential Elections Wage Theft

Top 10 Workplace Law Developments To Expect From The Trump Presidency

It’s official: Donald Trump will soon be our nation’s 45th president. Now the work begins to forecast what the next four years will bring. We’ve spent some time gathering our firm’s collective wisdom on what the next...more

11/9/2016 - Data Privacy Donald Trump Equal Pay Immigration Reform NLRB SCOTUS

FMLA Fraud Finding Leads To Employer Court Victory - 3 Things You Need To Know About Latest Decision

An employer recently claimed a significant victory in a case brought by a former employee who believed he had been unfairly targeted for termination because of his Family and Medical Leave Act (FMLA) leave request. The...more

11/3/2016 - Best Practices FMLA Hiring & Firing Internal Investigations Retaliation United Airlines

Court Puts Blacklisting Rules On Hold - Federal Contractors Can Proceed As Normal For The Time Being

In a somewhat surprising development, a federal court in Texas blocked the government from implementing most of the federal contractor “blacklisting” rules that were slated to go into effect on October 25, 2016. The final...more

10/26/2016 - Arbitration Agreements Blacklist DOL Executive Orders Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors Pay Transparency Reporting Requirements Wage and Hour

Workplace Law Discussed During Final Presidential Debate

Workplace law was once again a topic of discussion during last night’s third and final presidential debate between Hillary Clinton and Donald Trump. While not covered as extensively as during the first debate on September 26,...more

10/21/2016 - Donald Trump Economic Development Hillary Clinton Immigration Political Debates Presidential Elections SCOTUS Wage and Hour

EEOC Announces New Enforcement Priorities - Gig Economy, High Tech Sector In The Crosshairs

Earlier this week, the Equal Employment Opportunity Commission (EEOC) announced a new series of enforcement priorities on which it will focus over the next five years. By releasing its second-ever Strategic Enforcement Plan,...more

10/20/2016 - Corporate Counsel Data Collection Discrimination EEOC Equal Pay Hiring & Firing Religious Discrimination Strategic Enforcement Plan Young Lawyers

First Crack In The Wall? 2 New York Uber Drivers Awarded Unemployment

The New York Times reported yesterday that two Uber drivers were awarded unemployment benefits by the New York State Department of Labor. While the rulings were made earlier this summer in August and September, they had not...more

10/14/2016 - Corporate Counsel DOL Misclassification Uber Unemployment Wage and Hour

Employer Wins $5 Million From Bullying Union

Lessons To Be Learned For Organizing Campaigns - For the first time in American labor law history, a jury found that a union defamed and disparaged an employer while waging a bitter organizing campaign, costing the...more

10/7/2016 - Adverse Employment Action Best Management Practices Corporate Counsel Damages Defamation Disparagement NLRB SEIU Unfair Labor Practices Union Elections

Trump, Clinton Talk Workplace Law At First Debate

The topic of labor and employment law made an early appearance at last night’s presidential debate between Democratic candidate Hillary Clinton and Republican candidate Donald Trump. Although typically not a needle-moving...more

9/28/2016 - Child Care Donald Trump Earned Sick Time Equal Pay Hillary Clinton Labor Regulations Minimum Wage Paid Family Leave Law Political Debates Presidential Elections Sick Pay

Employer Wins Dreadlocks Deadlock: Three Things To Know About Latest Court Decision

A federal appeals court recently ruled that a woman rejected from a job because she refused to cut her dreadlocks could not proceed with a race discrimination claim against the employer. The decision highlights the...more

9/27/2016 - Dress Codes EEOC Hiring & Firing Job Applicants Personal Expression Race Discrimination Title VII

The Big Uber Arbitration Win, As Explained By 3 Fisher Phillips Lawyers

A few days ago, Uber won a significant battle when the 9th Circuit Court of Appeals overturned a lower court’s decision and upheld the company’s arbitration agreements. No doubt about it, this is a big win. You might remember...more

9/12/2016 - Arbitration Agreements Class Action Gig Economy Misclassification PAGA Uber Wage and Hour

Employers Win Latest Round In Class Waiver Fight

2nd Circuit Refuses To Join Circuit Courts Siding With NLRB - Employers can breathe a sigh of relief after the 2nd Circuit Court of Appeals once again upheld the validity of class and collective action waivers in...more

9/8/2016 - Arbitration Agreements Class Action Arbitration Waivers Collective Actions Corporate Counsel D.R. Horton Mandatory Arbitration Clauses NLRB

President Trump? President Clinton? A Workplace Law Preview

Either Republican Donald Trump or Democrat Hillary Clinton will almost certainly be inaugurated as our nation’s 45th president on January 20, 2017. In the four years (or more) that follow, one of these two candidates will be...more

9/8/2016 - Donald Trump Employment Policies Hillary Clinton Legislative Agendas Popular Presidential Elections

Remember That Good News On Class Waivers? Forget What We Said

There’s a great scene in the Naked Gun movie where Lieutenant Frank Drebin (Leslie Nielsen) is trying to clear a crowd forming around a crime scene, except that the crime scene happens to be a fireworks factory on fire. While...more

9/1/2016 - Arbitration Agreements Class Action Arbitration Waivers Gig Economy Lyft NLRA

10 Things You Need To Know About EEOC’s New Retaliation Guidance

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) released its Enforcement Guidance on Retaliation and Related Issues. The document is a helpful tool for employers when navigating the often-treacherous...more

8/31/2016 - Best Management Practices EEOC Enforcement Guidance Human Resources Professionals Retaliation

Cat’s Paw Theory Of Discrimination Adopted By 2nd Circuit - False Sexting Claims Prove Employer’s Downfall

The federal appeals court in New York just adopted a broad standard for employer liability as a consequence of discriminatory acts by their employees. This standard opens the door to a significant increase in claims being...more

8/31/2016 - Appeals Cat's Paw Corporate Counsel Employer Liability Issues Retaliation Sexting Title VII USERRA

SEC Cracks Down On Anti-Whistleblower Severance Agreements

The federal Securities and Exchange Commission (SEC) has issued six-figure fines to two different employers in the past several weeks, claiming that each crafted restrictive severance agreements that violated agency rules...more

8/25/2016 - Corporate Fines Dodd-Frank Employer Liability Issues Health Net Popular Risk Management Rule 21F SEC Severance Agreements Whistleblower Protection Policies

Mandatory Class Waivers Struck Down By 9th Circuit

Employers received their most bruising loss in the ongoing war involving class action waivers today, as the 9th Circuit Court of Appeals became the second federal circuit to strike them down as illegal. When the 7th Circuit...more

8/23/2016 - Arbitration Agreements Class Action Arbitration Waivers Corporate Counsel Employment Contract Multistate Corporations NLRB Popular

Will Uber Actually Be Happy Its $100M Settlement Fell Apart?

The big news late yesterday was that the federal court judge overseeing the Uber class action litigation rejected the $100M settlement for being “not fair, adequate, and reasonable.” You would think that Uber would be...more

8/22/2016 - Arbitration Agreements Class Action Independent Contractors PAGA Popular Uber

Uber’s $100 Million Settlement Falls Apart

In a surprising development, a federal court judge rejected a proposed settlement yesterday which would have seen gig giant Uber pay up to $100 million to resolve a series of legal claims challenging its classification model,...more

8/19/2016 - Arbitration Agreements Class Action Employer Liability Issues Gig Economy Independent Contractors Misclassification PAGA Settlement Negotiations Uber Wage and Hour

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