Fisher & Phillips LLP

Legal Updates

About

Attorneys

Attorney	Latest Publications
Santiago Alaniz	Hospitality Update, No. 1, March 2013: Unions Want Fast Food – Now! With union membership rates at their lowest level since the National Labor Relations Act (NLRA) was enacted in 1935, organized labor is desperately seeking to attract new members, even if that means targeting new industries that…more Fast-Food Industry, NLRA, NLRB, Protected Concerted Activity, Retailers	See All Updates »
Cheryl Behymer	Healthcare Update, No. 2, May 2013 - Court Upholds OFCCP's Jurisdiction Over Healthcare Providers A federal district court has confirmed the position of the Office of Federal Contract Compliance Programs (OFCCP) finding that three hospitals providing medical services to U.S. government employees, and receiving payments from…more Employer Group Health Plans, Health Insurance, Healthcare, Hospitals, NDAA	See All Updates »
Steven M. Bernstein	Labor Letter, February 2013: Reintegrating Your Workplace Warriors Over the past decade, we have seen the largest military deployment since World War II. Our troops are now withdrawn from Iraq, and thousands more are scheduled to return from Afghanistan over the course of 2013. By the end of…more ADAAA, FMLA, Reintegration, USERRA, Veterans	See All Updates »
Edward Boehm	Healthcare Update, No. 2, May 2013: End of Companionship Exemption? In April, the U.S. Labor Department (DOL) is scheduled to announce regulations that will almost certainly increase the cost of employing individuals as home care aides who are considered “companions” under the Fair Labor…more Companionship Exemptions, DOL, Exemptions, FLSA, New Regulations	See All Updates »
Suzanne Bogdan	Education Update, No. 1, January 2013: Employment Contracts – Who Needs Them And What Needs To Be In Them? As indicated in the companion article written by Candice Pinares-Baez, January begins the hiring season for most schools. Job fairs, conferences, and recruiting are in full force. It is also the time to take a look at your…more At-Will Employment, Dispute Resolution Clauses, Employee Benefits, Employment Contract, Hiring & Firing	See All Updates »
Amanda Caldwell	Employment Law in the United Kingdom The United Kingdom (“UK”), comprised of England, Northern Ireland, Wales and Scotland, has a population of over 62 million people, is culturally diverse and remains one of leading financial and service centers of the world. It…more Discrimination, Employment Contract, EU, Maternity Leave, Paid Leave	See All Updates »
Colin Calvert	California Wage/Hour Update - No. 2, April 2013: Managerial Exemption And Class Actions On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill battle…more Class Action, Misclassification, Rest and Meal Break, Wage and Hour	See All Updates »
Callan G. Carter	Benefits Update, No. 2, May 2013: Healthcare Reform: To Play Or Pay – That Is The Question Probably the most important mandate for employers is the “play or pay” mandate, also known as the employer-shared responsibility, which will require large employers (those with the equivalent of 50 or more full-time employees)…more Affordable Care Act, Employer Group Health Plans, Full-Time Employees, Healthcare, Pay or Play	See All Updates »
Tillman Coffey	Dealership Update, No. 2, May 2013: Did The Local DUI Lawyer Draft Your Pay Plans? Of course not. We just wanted to get your attention. The real question is when was the last time you reviewed your pay plans to make sure that they accurately reflected your current pay practices and policies, and adequately…more Car Dealerships, Contract Drafting, Pay Plans, Wages	See All Updates »
Jessica T. Cook	FY 2014 H-1B Cap Reached Within the First Week On April 5, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that it had received enough petitions to meet the statutory H-1B cap of 65,000 new H-1B visas to be issued each year. The H-1B visa category is used…more Foreign Workers, H1-B, USCIS, Visa Caps, Visas	See All Updates »
Laurel Cornell	Labor Letter, May 2013: The NLRB's Quorum Quandary The ongoing saga over composition of the National Labor Relations Board took several twists last month, and uncertainty continues to swirl around the agency’s authority to do business. As of today, the Board consists of…more NLRB, Nominations, Quorum	See All Updates »
Myra K Creighton	Healthcare Update, No. 1, February 2013: You Know It When You See It: Company "On Notice" Of Employee's Need For FMLA Leave The Family and Medical Leave Act (FMLA) entitles an employee with a serious health condition to 12 workweeks of job-protected leave during any 12-month period. The employee may sue if the employer interferes with the employee’s…more Claim of Interference, FMLA, Notice Requirements, Paid Leave	See All Updates »
Alva Cross	Healthcare Update, No. 1, February 2013: Now, Just Why Are We Firing Bob? When dealing with the separation of an employee, there is often more than one thing the employee did that warranted termination. But when categorizing the reasons, it’s important for employers to avoid taking a…more Discrimination, Hiring & Firing, Performance Improvement Plans, Policy Violations, Retaliation	See All Updates »
Roland De Monte	Argentina's Winds of Change May Reach Its Employment Discrimination Law With the Catholic Cardinals’ election of their fellow Cardinal Jorge Mario Bergoglio to Pope (Francis I), a spotlight has been cast in recent days upon his native Argentina. The white smoke announcing the Cardinals’ decision had…more Catholic Church, Discrimination, Gender Identity, Same-Sex Marriage	See All Updates »
Cynthia Doll	Labor Letter - April 2013: Curbing Abuse Of "Intermittent" FMLA Leave The Family Medical Leave Act (FMLA) allows employees to take 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. The leave can be taken in one block,…more FMLA, FMLA Abuse, FMLA Certification Forms, Medical Leave	See All Updates »
Michael Elkon	Labor Letter, May 2013: Workplace Bullying: Will You Know It When You See It? The media and political figures have paid increased attention to workplace bullying in recent months and years. A simple Google search can confirm this reality. Moreover, legislators in 21 states have introduced bills to…more Workplace Bullying	See All Updates »
Corbett Gordon	US Executive Compensation In Ireland: The US Chamber Of Commerce Weighs In On The Income Tax Question As reported January 28th in The Irish Times, the paper has obtained information using the Freedom of Information Act to discover that the US Chamber of Commerce has suggested that, to encourage them to live and work in Ireland,…more Cross-Border, Executive Compensation, Income Taxes, Tax Rates	See All Updates »
Michael Greco	Mediating Non-Compete Disputes in the Medical Device Industry The medical device industry remains a hotbed for non-compete litigation, and the reason is plain and simple. Economic justification. Sales reps develop close relationships with surgeons who purchase millions of dollars worth of…more Mediation, Medical Devices, Non-Compete Agreements	See All Updates »
Susan M. Guerette	Medical Device Industry Remains a Hotbed for NonCompete Litigation A recent opinion stemming from a lawsuit between two competitors in the medical device industry reminds us of the old adage “be careful what you wish for.” In Howmedica Osteonics Corp. v. Zimmer, Inc., the plaintiff seemed to…more Bonds, Medical Devices, Non-Compete Agreements, Preliminary Injunctions, Restrictive Covenants	See All Updates »
Edward F. Harold	Retail Industry Update, No. 4, December 2012: Upgrading Through Free Agency: Seasonal Hires In A Down Economy Seasonal hiring is a critical element of retailers to successfully maximize sales and profits over the holidays. Increased crowds of shoppers require additional staff to provide quality customer service. With the competition of…more Retail Market, Seasonal Employment	See All Updates »
James R. Holland II	Labor Letter, November 2012: Name, Rank and Serial Number: What You Should And Should Not Disclose When Providing References True or false: When asked to give a reference for a terminated employee, you should provide only the person's name, dates of employment and, if asked, salary level? True. Furnish just about any other information and – assuming…more	See All Updates »
Grace Y. Horoupian	Hospitality Update, No. 4, December 2012: Let Me Take A Look At That Tattoo There is no question that tattoos, body piercings, and other forms of self-expression have become commonplace in modern society, especially among the Gen X and Gen Y demographic. As a result, employers have to deal with these…more Appearance Policy, Resorts & Restaurants, Title VII	See All Updates »
Celia Joseph	Swiss Voters Approve “Against the Rip-Off” Referendum Restricting Corporate Compensation On March 3, 2013, voters in Switzerland approved a referendum providing one of the world’s most onerous restrictions regarding executive compensation. The referendum entitled, “Eidgenössische Volksinitiative ‘gegen die…more Board of Directors, EU, Executive Compensation, Shareholders	See All Updates »
Matthew R. Korn	Labor Letter, March 2013: MSHA's Still Making Its POV List, But No Longer Checking it Twice Staying Off MSHA’s “Naughty List” - The Mine Safety and Health Administration (MSHA) recently released a Final Rule that significantly changes the way the Agency charged with protecting America’s miners enforces one of…more Mining, MSHA, Notice Requirements, POV System, S&S Citations	See All Updates »
Annie Lau	Phasing Out China’s One-Child Policy? In March, China’s leadership announced that the Ministry of Health and the National Population and Family Planning Commission will merge. This has been widely seen as a downgrade in authority for the latter commission, which…more China, One-Child Policy	See All Updates »
Tamsen Leachman	Education Update, No. 2 - April 2013: Is There An Intern In Your Future? There was a significant increase in the number of class-action lawsuits in 2012 brought by former interns, many of whom were in unpaid positions working in the business sector. But recently the educational community received a…more	See All Updates »
Todd Logsdon	Retail Industry Update, No. 1, March 2013: Retailers And Workplace Violence Under OSHA’s general-duty clause, all employers have the obligation to maintain a safe workplace regardless of whether OSHA has adopted any particular standard relating to how the tasks at issue are to be performed. In the…more OSHA, Retailers, Risk Assessment, Safety Precautions, Workplace Violence	See All Updates »
Reyburn W. Lominack III	Labor Letter, November 2012: Preventing Off-Duty Employee Access Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers in the hospitality, healthcare, and manufacturing industries, where there is a premium on ensuring guest, patient,…more	See All Updates »
Karen Luchka	Healthcare Update, No. 2, May 2013: Facebook Foils FMLA Faker The legitimate and beneficial purposes of the Family and Medical Leave Act (FMLA) are undeniable. The law provides employees who have a serious health condition, are caring for a family member with a serious health condition, or…more Facebook, FMLA, Fraud, Medical Leave, Social Media	See All Updates »
Howard Mavity	Labor Letter - April 2013: Cussing Out Your Employee May Get You Sued…By OSHA? Hopefully you’re already aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 20+ Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower group. …more Anti-Retaliation Provisions, OSHA, Whistleblowers, Workplace Violence	See All Updates »
James McDonald Jr.	Labor Letter, January 2013: Has The NLRB Outlawed Courtesy? The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or…more Appropriate Business Decorum, Costco, Courtesy Policy, Employee Handbooks, Facebook	See All Updates »
Claud McIver	Labor Letter, March 2013: NLRB Requires Non-Union Member To Pay For Lobbying Fees Lobbying Took Place In A Neighboring State’s Legislature - The National Labor Relations Board recently held that United Nurses and Allied Professionals (UNAP) did not violate the National Labor Relations Act (NLRA) by…more Duty of Fair Representation, Lobbying, NLRA, NLRB, Recess Appointments	See All Updates »
Richard Meneghello	Labor Letter - April 2013: Count The Cost Before Waging The War When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous…more Attorney's Fees, Exempt-Employees, Over-Time, Wage and Hour, Wages	See All Updates »
Michael S. Mitchell	Labor Letter, December 2012: Top Ten Ways To Hold A Company Party – Without Getting Sued With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties where alcohol will be served. They generally want to know about the risk involved if an employee drinks too much at the…more Employer Liability Issues, Holiday Parties	See All Updates »
Candice Pinares-Baez	Education Update, No. 1, January 2013: Making The Grade: Ensure Your School is Following Best Hiring Practices The holiday break is over. Classes are back in full swing. For most schools across the nation, this is the time to evaluate current staffing needs and begin the recruitment and hiring process for the upcoming school year. The…more Criminal Background Checks, EEOC, Hiring & Firing, Interviews, Teachers	See All Updates »
Andria Ryan	Hospitality Update, No. 1, March 2013: "And By The Way, Are You A Criminal?" Getting the answers, without violating the new EEOC guidelines - According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background…more Background Checks, Credit History, Discrimination, EEOC, Hiring & Firing	See All Updates »
Matthew Simpson	Courts Aren't Buying USDOL's "Service Writer", "Service Advisor" Comments In April 2011, the U.S. Labor Department disavowed its 24-year-long acknowledgment that the federal Fair Labor Standards Act's Section 13(b)(10)(A) overtime exemption applies to automobile-dealership employees doing the typical…more DOL, Exempt-Employees, FLSA, Over-Time, Service Advisors	See All Updates »
John Skousen	California Wage/Hour Update, No. 2 - April 2013: "Late Breaking" News Boss: Time for your lunch break. Employee: Naw, I’ll just finish up what I’m working on and take my break later. Boss: That’s fine with me, but you are free to go now. Employee: Gotcha! Now you owe me a…more Rest and Meal Break, Time Warner, Wage and Hour, Wages	See All Updates »
Shanon R. Stevenson	USCIS Finally Releases New Form I-9 On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) announced the release of the new I-9 Employment Eligibility Verification Form. All employers are required to use the new I-9 immediately to verify the identity…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Erin Sweeney	Labor Letter, May 2013: The NLRB's Quorum Quandary The ongoing saga over composition of the National Labor Relations Board took several twists last month, and uncertainty continues to swirl around the agency’s authority to do business. As of today, the Board consists of…more NLRB, Nominations, Quorum	See All Updates »
Richele Taylor	Healthcare Update, No. 2, May 2013 - Court Upholds OFCCP's Jurisdiction Over Healthcare Providers A federal district court has confirmed the position of the Office of Federal Contract Compliance Programs (OFCCP) finding that three hospitals providing medical services to U.S. government employees, and receiving payments from…more Employer Group Health Plans, Health Insurance, Healthcare, Hospitals, NDAA	See All Updates »
John E. Thompson	Quick Quiz: Day-Rate Pay Plans The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each…more Day-Rate Pay, FLSA, Wage and Hour, Wages	See All Updates »
Kim Kiel Thompson	Tis’ The Season - H-2B Temporary Worker Program Under Fire From the USDOL Wage and Hour Division During the holiday season, many companies supplement the year-round workforce with temporary workers, including foreign workers employed under the H-2B temporary worker program. The United States Department of Labor Wage and…more DOL, H-2B, Seasonal Employment	See All Updates »
A. Kevin Troutman	Healthcare Update, No. 1, February 2013: Top 10 Supervisory Survival Tools For 2013 As the new year unfolds, supervisors may have even less time to manage all the complexities that arise in the world of employment law. With goals and deadlines to meet, well-intentioned managers may be tempted to rely on…more Human Resources Professionals, Protected Class, Supervisors	See All Updates »
Eric Uhl	Labor Letter, February 2013: Should Your Employees Telecommute? Technology advances and innovations bring advantages and efficiencies. But, sooner or later, most changes bring potential disadvantages as well. In the end, we can’t resist technological change: the trick is to leverage the…more Discrimination, Distracted Driving, Safety Precautions, Telecommuting, Texting	See All Updates »
Danielle Urban	Economic Woes in Eastern Europe Deepen Last week’s resignation of Bulgaria’s government highlights the economic and political struggles plaguing Europe’s eastern flank, and the risks for investors and companies looking to do business in emerging economies…more EU, Foreign Investment, Unemployment	See All Updates »
Alice Wang	Your Global Workforce in Malaysia Malaysia is both exotic and magical, and we want to ensure that the management of your global workforce in Malaysia is in compliance with all employment and labor laws. The key statutory authorities governing employment and…more Hiring & Firing, Minimum Wage, Over-Time, Rest and Meal Break, Sexual Harassment	See All Updates »
Jeff Weintraub	Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more than…more ADA, ADAAA, Disability, Disability Discrimination, Discrimination	See All Updates »
Joseph Wilson	Labor Letter, March 2013: NLRB Requires Non-Union Member To Pay For Lobbying Fees Lobbying Took Place In A Neighboring State’s Legislature - The National Labor Relations Board recently held that United Nurses and Allied Professionals (UNAP) did not violate the National Labor Relations Act (NLRA) by…more Duty of Fair Representation, Lobbying, NLRA, NLRB, Recess Appointments	See All Updates »
Steven Witt	U.S. Healthcare Reform, Foreign Employers, And Employers Of Foreign Workers Since the landmark 2012 U.S. Supreme Court decision in NFIB v. Sebelius, largely upholding President Obama’s Patient Protection and Affordable Care Act (the “ACA”), the U.S. government has been moving full-steam ahead on…more Affordable Care Act, Employer Mandates, Foreign Corporations, Foreign Workers, Healthcare	See All Updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.