Richard Meneghello

Richard Meneghello

Fisher Phillips

Contact  |  View Bio  |  RSS

Latest Publications


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

Saying “You’re Fired” Could Bring Labor Pains 

An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more

8/19/2016 - Employer Liability Issues Hiring & Firing NLRA NLRB Protected Activity Strike Wrongful Termination

Class Action Waivers Get Much-Needed Lyft

Three Things You Should Know About Latest Court Decision - A federal court recently upheld the validity of an employer’s class action waiver, forcing a disgruntled worker into arbitrating his case individually instead of...more

8/17/2016 - Arbitration Agreements Class Action Arbitration Waivers Employer Liability Issues Gig Economy Lyft NLRA Section 7

Gig Economy Gets Shout-Out In GOP Platform

For the first time in recorded human history, one of the major political parties mentioned the gig economy in its national platform. The future is here! The Republican Platform, ratified by the party on July 18 during...more

8/12/2016 - Gig Economy Independent Contractors

Recent Jobs Report Was Flawed Because It Ignored Gig Workers

Last week, the federal government released its monthly jobs report regarding job creation and current unemployment statistics. The Labor Department said that the U.S. economy added 255,000 new jobs, beating estimates...more

8/10/2016 - DOL Gig Economy Unemployment

EEOC: “Wanted: Younger Workers Who Want To File Religious Discrimination Claims”

The Equal Employment Opportunity Commission (EEOC), the federal watchdog agency patrolling the nation for workplace law violations, recently announced its intention to target younger workers to see if they feel victimized by...more

8/4/2016 - EEOC Gig Economy Reasonable Accommodation Religious Discrimination

Sexual Orientation Discrimination Not Covered Under Title VII, Court Says

But Decision Provides Ample Warning To Employers - A federal court of appeals recently announced that it had no choice but to deny an LGBT plaintiff’s request to proceed with a sexual orientation discrimination claim...more

8/3/2016 - Corporate Counsel Dismissals EEOC Employer Liability Issues Sexual Orientation Discrimination Title VII

Updated Equal Pay Data Rule Fails To Address Employer Concerns

The Equal Employment Opportunity Commission (EEOC) announced revisions to its planned pay data rule yesterday, but unfortunately the revisions do not address the majority of concerns employers had about the original...more

7/14/2016 - Best Management Practices Data Collection EEO-1 EEOC Pay Discrimination Reporting Requirements

NLRB Reinstates Liberal Standard For Unionizing Temp Workers

In today’s 3-1 decision, the National Labor Relations Board (NLRB) resurrected a union-friendly standard making it easier for unions to combine jointly employed temporary workers with an employer’s existing workforce to form...more

7/12/2016 - Browning-Ferris Industries of California Inc. Collective Bargaining Joint Employers NLRA NLRB Staffing Agencies Unions

This Awesome Infographic Explains How The Gig Economy Works

Here is a link to an awesome infographic that explains how the gig economy works. It comes from a recent Business Insider post entitled, “This awesome infographic explains how the 'gig economy' works.” I think you’ll find it...more

7/12/2016 - Gig Economy Independent Contractors Wage and Hour

79 Results
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.