A prominent cybersecurity training company just fell victim to an increasingly common scam when it hired a remote worker who turned out to be a North Korean cybercriminal that used AI deepfake tools to fake his identity and...more
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
7/18/2024
/ Acheson Hotels LLC v Laufer ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Remedies ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Agreements ,
Chevron Deference ,
Civil Rights Act ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disability Discrimination ,
Drug Testing ,
Employee Benefits ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Failure to Accommodate ,
Fringe Benefits ,
Government Agencies ,
Hiring & Firing ,
Labor Disputes ,
Labor Relations ,
Lateral Transfers ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Misclassification ,
Muldrow v City of St Louis ,
Murray v UBS Securities LLC ,
NLRA ,
NLRB ,
Over-Time ,
Reinstatement ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
SEC v Jarkesy ,
Sex Discrimination ,
Smith v Spizzirri ,
Standard of Proof ,
Starbucks Corp. v McKinney ,
Statute of Limitations ,
Statutory Interpretation ,
Title VII ,
Unemployment Benefits ,
Unfair Labor Practices ,
Union Organizers ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Is it the hottest job in corporate America – or is it a passing fad that will fade away in a matter of months? Either way, 2024 will be the year of the Chief Artificial Intelligence Officer (CAIO). This Insight will briefly...more
It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more
12/29/2023
/ Affirmative Action ,
Artificial Intelligence ,
Chevron Deference ,
Child Labor ,
Compensatory Damages ,
Consumer Privacy Rights ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
E-Verify ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Form I-9 ,
Hiring & Firing ,
Low-Wage Workers ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Privacy Laws ,
Wage and Hour ,
Workplace Safety
Were you paying attention to all the workplace law developments in 2023? While it’s hard to keep up with so many changes, you can take our quiz to test your knowledge and see how you stack up. But don’t worry if you get a...more
12/28/2023
/ Artificial Intelligence ,
Department of Labor (DOL) ,
Diversity ,
Employee Handbooks ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Religious Accommodation ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
The three editors of our FP Weekly publication took some time to review the past year’s writings – almost 500 published pieces – and pick out our favorites. Below you’ll find a top 10 list from each of us. They include our...more
The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more
10/31/2023
/ Anti-Competitive ,
Artificial Intelligence ,
Big Tech ,
Copyright ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Hiring & Firing ,
Immigration Reform ,
Intellectual Property Protection ,
Job Market ,
Manufacturers ,
OFCCP ,
U.S. Commerce Department ,
U.S. Treasury ,
US State Departments
Summer’s the time to sit back and relax and catch up on some light reading you’ve been meaning to get to. And what better way to spend time poolside or at the beach than to scroll through some links from Fisher Phillips? Here...more
6/6/2023
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Artificial Intelligence ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Heat Exposure ,
Hiring & Firing ,
Non-Compete Agreements ,
Religious Accommodation ,
SCOTUS ,
Traveling Employee ,
Work Schedules ,
Workplace Safety
Employers need to rethink the way they’ve been operating – because the workplace has been evolving at a rapid pace. In order to stay competitive in the marketplace and offer your employees the kind of environment where they...more
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Welcome to FP Gig Economy Snapshot, where we take a quick snapshot look at the most significant workplace law developments with an emphasis on how they impact gig economy businesses. This edition focuses on the Department of...more
Answering industry calls for a 21st-century solution to a 21st-century problem, a bipartisan group of federal lawmakers recently introduced a bill in Congress that would create a hybrid job classification for gig economy...more
With the announcement this morning that the country’s economic numbers have declined for the second straight quarter, many employers are fearful of a possible recession, or at least a sustained economic downturn – and are...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
A recent post by Alaura Jacobs, Product Marketing Manager at Mitratech, examined three ways in which workflow automation can benefit your organization when managing freelance employees – and there are obvious crossover...more
As gig economy businesses – and other employers that implement gig-like workforce models – gear up for a new year, it’s natural to look ahead and begin to set expectations for what the road ahead might bring. We’ve scoured...more
1/24/2022
/ ABC Test ,
Artificial Intelligence ,
Business Model ,
Delivery Drivers ,
Department of Labor (DOL) ,
Gig Economy ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Misclassification ,
NLRB ,
Ridesharing ,
Wage and Hour
In one of its final moves of the year, the National Labor Relations Board announced in late December that will reconsider the current legal standard for determining whether workers are independent contractors or employees....more
A staggering 94% of employers reported that they have experienced more difficulty than normal in retaining and recruiting workers in 2021, with more than half (53%) reporting “severe” difficulty compared to normal times. And...more
A sharp increase in pandemic-related workplace litigation this summer could spell trouble for employers, as we expect to see a steady increase in COVID-19 lawsuits filed by employees across the country. That’s just one of 10...more
9/8/2021
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Healthcare Workers ,
Hiring & Firing ,
Leave of Absence ,
Remote Working ,
Retaliation ,
Small Employers ,
Vaccinations ,
Wage and Hour ,
Whistleblowers ,
Workplace Safety
In an unexpected blow to gig economy companies in California, a state court judge just reversed the will of voters and overturned the law created by ballot measure that ensured that app-based rideshare and delivery drivers...more
8/24/2021
/ Ballot Measures ,
Constitutional Challenges ,
Corporate Counsel ,
Delivery Drivers ,
Employee Definition ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Ridesharing ,
State Constitutions ,
State Labor Laws
It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Contending that he could not be forced to be a “human guinea pig,” a New Mexico detention center officer has filed a federal lawsuit challenging the right of his employer to require first responders to receive the COVID-19...more
Now that all major media outlets have projected Joe Biden to be our next president, it is natural to begin to wonder what the next four years might look like for the gig economy. Our firm published a detailed assessment about...more
In one of the most closely watched (and most expensive) fronts in the ongoing battle over employment classification of gig workers, California voters appear to have approved Proposition 22, a ballot measure that confirms the...more
11/4/2020
/ Ballot Measures ,
Delivery Drivers ,
Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Ridesharing ,
State Labor Laws ,
Wage and Hour
The Department of Labor has turned down Congressional calls to extend the time period to receive public comments about the proposed independent contractor rule that would make it easier for gig economy businesses and other...more