Richard Meneghello

Richard Meneghello

Fisher Phillips

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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

Employers Enjoy First Round Victory: Persuader Rule Blocked!

Describing the federal government’s controversial persuader rule as “defective to its core,” the United States District Court for the Northern District of Texas today blocked the rule in its entirety. Had it not been...more

6/28/2016 - Attorney-Client Privilege DOL Injunctions LMRDA Persuader Rules Reporting Requirements Unions

EEOC To Revise Controversial Proposed Pay Data Collection Rules

Agency Responds To Criticisms Lodged By Fisher Phillips, Others - In a positive development for employers, the U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it would revisit its...more

6/28/2016 - Data Collection EEO-1 EEOC Pay Transparency Proposed Regulation

Employers Received Mixed Message In First Of Three Persuader Rulings

July 1 Deadline Continues To Loom - A federal court in Minnesota today sent employers a mixed message about the validity of the controversial new “persuader rule” – the impending regulation that would force attorneys and...more

6/23/2016 - Attorney-Client Privilege Collective Bargaining DOL LMRDA Persuader Rules Reporting Requirements Union Elections

N.J. Employers No Longer Able To Shrink Lawsuit Time Limits - Supreme Court Hands Loss To Employers – But Is There A Hidden...

The New Jersey Supreme Court just ruled that employers are not permitted to shorten the time frame that workers have to file a discrimination claim under the New Jersey Law Against Discrimination (NJLAD), reversing a 2014...more

6/17/2016 - Arbitration Agreements Discrimination Employer Liability Issues NJ Supreme Court Statute of Limitations Workplace Injury

Union ‘Quickie Election’ Rule Survives Legal Challenge

A federal appeals court ruled that the NLRB’s “quickie election” rule is permissible and does not violate the law, meaning that employers will continue to have to live under the new and challenging regime that stacks the deck...more

6/17/2016 - Data Collection NLRB Quickie Election Rules

The Purge: Gig Economy

The year is 2020. In a futuristic America plagued by employment lawsuits, the federal government sanctions a three-year period in which all gig economy companies are exempt from labor and employment laws. Internet-based...more

6/14/2016 - Class Action Gig Economy Independent Contractors Misclassification

Uber-Expensive Settlement Could Be Uber-Important To Employers

The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more

6/13/2016 - Employer Liability Issues Gig Economy Independent Contractors Misclassification Settlement Agreements Uber

May 2016: Ten Biggest Labor And Employment Law Stories

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, we typically bring you a review of the five biggest stories from previous month. May...more

6/3/2016 - ADA Attorney's Fees Class Action Arbitration Waivers Constructive Discharge Defend Trade Secrets Act (DTSA) EEOC FLSA Green v Brennan OSHA Reasonable Accommodation Recordkeeping Requirements SCOTUS Spokeo v Robins Transgender Wellness Programs White-Collar Exemptions Zubik v Burwell

Epic Fail: Class Action Waivers Take A Hit - Three Things You Need To Know About Arbitration Agreement Ruling

For the first time, a federal appeals court has dealt a serious blow to class and collective action waivers in arbitration agreements. In Jacob Lewis v. Epic Systems Corporation, the 7th Circuit Court of Appeals held that a...more

6/1/2016 - Arbitration Agreements Class Action Arbitration Waivers Employer Liability Issues Federal Arbitration Act Mandatory Arbitration Clauses NLRA

April 2016: Five Biggest Labor And Employment Law Stories

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, here is a quick review of the five biggest stories from last month that all employers...more

5/3/2016 - EEO-1 EEOC First Amendment Heffernan v City of Paterson Independent Contractors LGBT Misclassification Parental Leave Public Employees Religious Freedom Restroom Legislation SCOTUS Uber Wage and Hour

What The $100M Uber Settlement Means To All Employers

The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more

4/28/2016 - Class Action Corporate Counsel Independent Contractors Lyft Misclassification Popular Settlement Agreements Uber Young Lawyers

Do You Have To Accommodate An Employee Who Worships The Flying Spaghetti Monster?

Employers are generally aware of their duty to accommodate an employee’s religious beliefs. Whether that means rearranging work schedules, permitting modifications to dress codes, permitting prayer breaks, or any number of...more

4/19/2016 - EEOC Parody Religious Accommodation Religious Discrimination

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