Richard Meneghello

Richard Meneghello

Fisher Phillips

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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

Top Five New Year’s Predictions For The Gig Economy

Jeff Wald just published an interesting piece in Forbes looking at the top five predictions for the freelance economy in 2017. Given that he touts himself as having “near-precise prognostication,” how could we possibly ignore...more

1/5/2017 - Donald Trump Freelance Workers Gig Economy Ridesharing Uber

Court: Employees Seeking Accommodation Must Compete For Reassignment - Split In Circuits Could Lead To Supreme Court Intervention

The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more

12/28/2016 - ADA Affirmative Action Appeals Disabled EEOC Employee Reassignment Hiring & Firing Reasonable Accommodation

More On What Trump And His ACA Repeal Threat Might Mean For Gig Economy

We’ve already provided a few insights into the impact that the recent presidential election will have on the sharing economy. We offered pre-election predictions, presented a preview of what we expect the gig economy to look...more

12/28/2016 - Affordable Care Act Donald Trump Gig Economy Repeal Secretary of Labor Trump Administration

Minimum Wage Increases In Store For Many In 2017

While the federal minimum wage has remained steady at $7.25 for the past seven years, many state and local jurisdictions have set their own minimum rates higher than the federal level. And, of course, when a local...more

12/20/2016 - Federal Contractors Local Ordinance Minimum Wage Wage and Hour

Don’t Read This: 2016 Workplace Law Year In Review

Reverse psychology isn’t the only explanation for the title of this article (although, if you’ve made it this far, it seems to have worked). No, another explanation is that 2016 was a very rough year for employers when it...more

12/12/2016 - Affordable Care Act Arbitration Constructive Discharge Corporate Counsel DOL EEO-1 FLSA Gig Economy Joint Employers NLRB OSHA Persuader Rules Reporting Requirements Severance Agreements Standing Unions White-Collar Exemptions

What Employers Need To Know About Puzder’s Selection As Labor Secretary

President-elect Donald Trump has announced that he would nominate Andrew Puzder to be the next Secretary of Labor. This Cabinet-level position heads the U.S. Department of Labor (USDOL), one of the federal agencies that has...more

12/9/2016 - Administrative Appointments Corporate Counsel DOL OFCCP OSHA Trump Administration USCIS

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

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