Fisher Phillips

Looking Over Your Employees' Shoulders

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer monitoring…more

Corporate Counsel, Employer Liability Issues, Employment Policies, GPS, Illegal Conduct

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Kentucky Becomes 27th Right-To-Work State

On January 9, 2017, Kentucky Governor Matt Bevin signed into law a bill that made Kentucky a right-to-work state. The law took effect immediately. Employers in the state should familiarize themselves with this significant new…more

Collective Bargaining Agreements (CBA), Governor Bevin, New Regulations, Right to Work, Unions

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Federal Appeals Court Hands Uber Major Victory In Arbitration Agreement Fight

The 9th Circuit Court of Appeals delivered a significant victory to Uber and other gig economy businesses by reversing a trial court’s denials of Uber’s motions to compel arbitration in companion class action lawsuits brought by…more

Arbitration, Class Action, FCRA, Gig Economy, Misclassification

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A Break Is A Break: California Supreme Court Rules That Rest Breaks Must Be Duty Free

Today, the California Supreme Court ruled that employers must provide their workers with duty-free rest breaks or face potentially devastating financial consequences. Most California employers know that state law generally…more

CA Supreme Court, Corporate Counsel, Employer Liability Issues, Non-Exempt Employees, Rest and Meal Break

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Leave The Political Boxing Gloves At The Office Door

We love a good political fight, but dealerships would be well-advised to check the gloves at the office door and instead heed the wisdom offered long ago by Calvin Coolidge: “No man ever listened himself out of a job.” Political…more

Car Dealerships, First Amendment, Human Resources Professionals, NLRA, Political Expression

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Hospitality Update, No. 3, September 2013: Put It On My Card? Not So Fast!

In the age of technology and convenience, some businesses, particularly those with multi-state operations, are turning away from issuing paychecks to employees or paying them by direct deposit. Instead, some are opting to pay…more

Debit Cards, Hospitality Industry, Minimum Wage, Payroll Cards, Wages

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California Supreme Court Rules That Employees May Have Right To Sit During Working Hours

On April 4, 2016, the California Supreme Court ruled that employers must provide an employee with seating if the employee’s tasks at a discrete location make seated work feasible, even if the employee’s job duties include other…more

CA Supreme Court, CVS, Employer Liability Issues, PAGA, Suitable Seats Lawsuits

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President's Puzder Pick Presents Positives For Sharing Economy

President-elect Donald Trump has announced the nomination of Andrew Puzder as the next Secretary of Labor. Mr. Puzder, the CEO of CKE Restaurants (the parent company of Carl’s Jr., Hardee’s and Green Burrito), will head the U.S…more

DOL, Donald Trump, Secretary of Labor, Sharing Economy

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New Form I-9 Published

The U.S. Citizenship and Immigration Services (USCIS) released the new form I-9 dated November 14, 2016. Although you may accept the prior version of the Form I-9 for the next two months, you will be required to use this new…more

DOL, Employer Liability Issues, Hiring & Firing, I-9, ICE

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Update For Retirement Plans Post-Windsor

Now that some of the dust has settled on the U.S. Supreme Court’s decision in U.S. v. Windsor, employers who haven’t done so already should take immediate steps to review their retirement plan documents and administrative…more

Employee Benefits, ERISA, IRS, Retirement, Retirement Plan

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Oregon's Minimum Wage Now $2.00 Per Hour Higher Than Federal Rate

After a January 1st increase of 15 cents per hour, Oregon’s minimum wage now stands at $9.25 – exactly two dollars per hour more than the federal minimum wage rate of $7.25 per hour. That places Oregon near the top of the list…more

Minimum Wage, New Legislation

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50 Shades Of Grey… In The Boardroom

As the weather heats up, summertime romances are probably on the minds of many of your employees. According to the Society of Human Resource Management, as many as 40% of workers have had an office relationship at some point in…more

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Missouri Minimum Wage to Increase to $7.65 Per Hour Effective January 1, 2015

On January 1, 2015, the Missouri minimum wage will increase from $7.50 to $7.65 per hour and from $3.75 to $3.825 per hour for tipped employees. Compensation for tipped employees must total at least $7.65 per hour when tips are…more

Minimum Wage, New Legislation, Restaurant Industry, Retailers, Tips

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Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those…more

Affordable Housing, Banking Sector, Discrimination, Disparate Impact, Fair Housing Act (FHA)

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Implementing Los Angeles’ Minimum Wage And Paid Sick Leave Ordinance

The City of Los Angeles Office of Wage Standards (OWS) recently issued regulations providing clarification to the Minimum Wage and Paid Sick Leave Ordinance that went into effect on July 1, 2016. Last month, Mayor Eric Garcetti…more

Local Ordinance, Minimum Wage, New Regulations, Paid Leave

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Who Stays in the Courtroom?: the Texas Supreme Court Delivers its FirstUniform Trade Secrets Act Opinion

Last Friday (May 20), the Texas Supreme Court delivered its first opinion interpreting the Texas Uniform Trade Secret Act. M-I Swaco, an oilfield services company, alleged that a former employee and his current employer,…more

Injunctive Relief, Protective Orders, Trade Secrets, TX Supreme Court, Uniform Trade Secrets Acts

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Keep Calm and Carry On!

With the Brexit vote accomplished and the future of the UK in question, many employers with operations in the UK or the EU are questioning the application of existing privacy laws to their employees or subsidiaries there. For…more

Electronic Communications, EU, General Data Protection Regulation (GDPR), UK, UK Brexit

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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

Data Privacy, Donald Trump, Equal Pay, Immigration Reform, NLRB

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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

Data Privacy, Donald Trump, Equal Pay, Immigration Reform, NLRB

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If You Can't Fire A Teacher For Criticizing Management, Who Can You Fire?

Most school administrators would be shocked to learn that the National Labor Relations Board (NLRB) could, in some circumstances, find that their school engaged in an unfair labor practice for disciplining or terminating an…more

ALJ, Discipline, Hiring & Firing, NLRA, NLRB

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Agree or Somewhat Likely to Agree – the Pros and Cons of Employee Feedback Surveys

Employee engagement is a vital component to any business. Having your employees focused on the strategic aims of your company, and not distracted by an unsatisfying work environment is key. Employers have long used employee…more

Best Practices, Gig Economy, Surveys

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What's the One Thing Every Company's Telecommuting Policy Must Include?

If, under certain circumstances, employers are required to accomodate remote work, what essential elements should be included in any company's Telecommuting Plan?…more

ADA, Hiring & Firing, Legal Perspectives, Reasonable Accommodation, Telecommuting

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Boards Of Education Beware: Ohio Supreme Court Closes Door On Open Meeting Loopholes

Because public body meetings are required to be open to the public in Ohio, just exactly what constitutes a “meeting” of a public body has long been a matter of some debate, especially as means of communication have expanded…more

OH Supreme Court, Open Meetings Act, Private Communications, Public Meetings

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Supreme Court Rules In Favor Of Religious Beliefs Of Business Owner

Yesterday, a divided U.S. Supreme Court held in a 5-4 decision that closely-held for-profit corporations providing group healthcare to their employees could, on religious grounds, be exempted from providing contraception…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Contraceptives, Hobby Lobby

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FLSA Exemption Changes:  Do The Election Results Mean, "Never Mind"?

Many employers are wondering whether Donald Trump's election means that they may now forget about the coming changes in the federal Fair Labor Standards Act's "white collar" definitions. The answer is clear: The election…more

DOL, Donald Trump, Exempt-Employees, FLSA, Popular

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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

Data Privacy, Donald Trump, Equal Pay, Immigration Reform, NLRB

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Child-On-Child Sexual Abuse

Most states, including Florida, have updated their child abuse reporting requirements to include child-on-child sexual abuse, often referred to as juvenile abuse. Typically these provisions are fairly comprehensive and include…more

Child Abuse, Public Schools, Reporting Requirements, Sexting, Sexual Abuse

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Employee or Independent Contractor: Why It Matters?

Every employer eventually tackles the question of whether its labor force is composed of employees, independent contractors, or a combination of both. The appeal of the independent contractor classification is understandable…more

Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

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And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has…more

Confidential Information, Employer Liability Issues, Internal Investigations, Logos, NLRA

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What North Carolina Employers Need To Know About New "Bathroom Law"

On April 12, 2016, North Carolina Governor Pat McCrory issued an Executive Order to clarify and somewhat lessen the impact of what has widely been referred to as the state’s new “bathroom law.” The new law, passed a few weeks…more

ACLU, Executive Orders, Governor Pat McCrory, LGBT, Sexual Orientation Discrimination

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One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be…more

401k, Affordable Care Act, Collective Bargaining, Conciliation, Corporate Counsel

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Colorado Supreme Court Ruling May Result in Disclosure of Trade Secrets

Earlier this month, the Colorado Supreme Court ruled that a party in litigation seeking to prevent responsive discoverable information from disclosure under a protective order must first demonstrate that the information in fact…more

CO Supreme Court, Confidential Information, Protective Orders, Trade Secrets

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2017 State Minimum-Wage Increases

As employers wait to see whether, when, and to what extent the federal Fair Labor Standards Act's minimum wage might increase in the near future, many other jurisdictions have continued to raise their rates to levels higher than…more

Employer Liability Issues, FLSA, Minimum Wage, Wage and Hour

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Can Gig Companies Escape Liability When Customers Get Hurt?

In Season 3 of Netflix’s animated series BoJack Horseman, Todd (Aaron Paul) decides to start a gig economy company called “Cabracadabra.” This company provides Uber-like transportation but with only women drivers so that there…more

Gig Economy, Independent Contractors, Uber

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Florida Minimum Wage Rising To $8.05

On January 1, 2015, the minimum wage for employees working in Florida rises to $8.05 per hour. This represents an hourly increase of $0.12 over the current Florida minimum wage. The increase is tied to the rate of inflation over…more

Employer Liability Issues, FLSA, Minimum Wage, New Legislation, Wage and Hour

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Federal Court in California Rules on DTSA’s “Extraordinary” Ex Parte Seizure Remedy

When the Defend Trade Secret Act (“DTSA”) was enacted last year, there was much debate on the remedy provision permitting the ex parte seizure of property. Such an order would not only direct the seizure of information without…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Popular

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Basics of Employment Law in Austria: Part III

This article is the third in a series which provides an overview of the basics of employment law in Austria and will focus on the legal requirements applicable to employee termination procedures. I. Termination of Employment…more

Austria, Employment Contract, International Labor Laws, Notice Requirements, Termination

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Supreme Court Calls “Do Over” On FLSA Service Advisor Exemption Rule

In a 6 to 2 decision, the U.S. Supreme Court today continued the flip-flop-flip on determining whether an automobile dealership’s service advisors are exempt from the FLSA’s overtime requirements. The Court vacated and remanded…more

Car Dealerships, DOL, Exempt-Employees, FLSA, Navarro v Encino Motorcars

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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

Data Privacy, Donald Trump, Equal Pay, Immigration Reform, NLRB

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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 a…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Joint Employers, NLRA, NLRB

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Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and retail…more

Best Management Practices, Collective Bargaining, FLSA, Severe Weather, Wage and Hour

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“To Arbitrate, or Not to Arbitrate: That is the Question” – A Potential Uber Class/Collective Action Will Proceed in the Eastern Districtof Pennsylvania

Pennsylvania recently weighed in on the increasing and developing wage violation litigation, albeit from a procedural perspective, involving Uber Technologies, Inc. (“Uber”). On July 21, 2016, United States District Court Judge…more

Arbitration, Class Action, FLSA, Independent Contractors, Misclassification

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Hazy Future Ahead For Florida Employers After Medical Marijuana Vote

Yesterday’s election result means that Florida will soon be the 26th state in the country to permit certain eligible users to use medical marijuana without fear of prosecution by state officials. The passage of Constitutional…more

Constitutional Amendment, Decriminalization of Marijuana, Department of Health, Employer Liability Issues, Employment Policies

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Multiemployer Pension Reform

Too Little, Too Late? - Employers and unions locked into failing multiemployer pension plans received an 11th-hour reprieve in late December when Congress passed legislation revising laws that had hobbled these plans for…more

Employee Benefits, Multiemployer Plan, PBGC, Pension Reform, Pensions

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Clinton v. Trump:  How Will the 2016 Presidential Election Impact the Gig Economy?

With the election just days away, some American voters are staunchly committed to one candidate while others remain hopelessly undecided. If you fall into the latter category, consider the candidates’ positions on the gig…more

Donald Trump, Gig Economy, Hillary Clinton, Misclassification, Political Candidates

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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

Appeals, Car Dealerships, Chevron Deference, DOL, FLSA

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The 3 Best Resources For Workers in the Sharing Economy

Like many seasonal, temporary, part-time, and contract workers, a growing number of workers in sharing economy jobs are passing up on some of the features that often come with traditional, full-time employment relationships…more

Gig Economy, Independent Contractors, Sharing Economy

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Ch-Ch-Ch-Changes At The EEOC

Agency Revises Discrimination Charge Practices - Starting January 1, 2016, the Equal Employment Opportunity Commission (EEOC) implemented significant changes to its case-handling process. As a result, all employers who…more

Confidential Information, Discrimination, EEOC, Employer Liability Issues, Position Statements

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The Country’s In For A Big Change…Are You Ready?

The time is quickly running out for you to make your decision about what you’re going to do. Which direction will you choose? Some have already made up their minds and are steadfast in their decision. Some are still considering…more

Car Dealerships, Minimum Wage, Presidential Elections, Wage and Hour, White-Collar Exemptions

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A Typo In Your Paystubs Could Cost You Millions

Imagine being sued by every single one of the employees who worked for you over the past four years because your paystubs have an extra comma in your company’s name. Or because the zip code is missing from your company’s…more

Best Management Practices, Employer Liability Issues, Labor Code

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Tips To Prepare Your Company For An I-9 Audit

The Immigration Customs and Enforcement division (ICE) of the Department of Homeland Security, continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served over 3,000 Notices…more

Audits, DHS, Employer Mandates, I-9, ICE

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Labor Letter, August 2013: NLRB Taking Close Look At Photography Policies

In February of 2009, a Wisconsin medical center fired several nurses after they electronically posted patient x-rays to their Facebook page, revealing the presence of a potentially embarrassing foreign object. As a result, the…more

Facebook, FBI, HIPAA, NLRB, Photographs

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Electronic Devices At School: What Could Possibly Go Wrong?

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices…more

Popular

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Don’t Get Caught In A Web of Claims: ADA Website Accessibility Claims On The Rise

In today’s technology-driven society, retailers are increasingly using the internet to provide information, goods, and services to the public. While having a website is almost a mandatory aspect of operating a retail business,…more

ADA, DOJ, Internet Retailers, Title III, Website Accessibility

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Feds Target HR Professionals For Criminal Violations Of Antitrust Laws

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced they are increasing their efforts to criminally prosecute employers and individuals who engage in certain behaviors…more

Anti-Competitive, Antitrust Investigations, Criminal Prosecution, DOJ, Enforcement Actions

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Legalized Discrimination Or Safety From Government Interference? What Mississippi Employers Need To Know About New Religious Freedom Law

On April 5, 2016, Mississippi Governor Phil Bryant signed into law HB 1523, also known as the “Protecting Freedom of Conscience From Government Discrimination Act.” While proponents of the new law state that it simply protects…more

Corporate Counsel, Employer Liability Issues, Governor Bryant, New Legislation, Religious Freedom

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Use Data from the EU? It’s Time to Update Your Privacy Policies and Procedures

This is the first post in a three-part series. May 25, 2018. If you are a company that comes into contact with European data, whether you are operating in Europe or elsewhere, and you have not taken note of this date yet,…more

EEA, EU, General Data Protection Regulation (GDPR), International Data Transfers, International Harmonization

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Why Legal Marketing Technologists Need To Learn About Blockchain

As a legal marketing technologist, I feel that one of my responsibilities to my firm and lawyers is to keep an eye on and become knowledgeable about emerging technologies and the impact they will have not only on the legal…more

Bitcoin, Blockchain

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Combatting Intermittent FMLA Leave Abuse: An Employer’s Toolbox

As most employers know, the Family Medical Leave Act (FMLA) allows employees to take up to 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. While…more

Best Management Practices, Employer Liability Issues, FMLA, Medical Certification Requests

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New Year's Resolution? Review Your Sales Pay Plan

Many dealerships give little thought to their sales pay plans. After all, they’re simple and straightforward, right? X% of the front gross and Y% of the back end gross, plus whatever bonuses you choose to give. About as simple…more

Car Dealerships, Employer Liability Issues, Minimum Wage, Sales Commissions

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Don’t Fear The Reefer, Nevada Employers - Legalization Of Recreational Marijuana Will Not Impact Company Policies

With yesterday’s vote legalizing recreational marijuana in Nevada, some employers might be concerned about the impact that this new law will have on workplaces across the state. However, Nevada employers can rest comfortably:…more

Controlled Substances Act, Decriminalization of Marijuana, Employment Policies, New Regulations

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Recent HIPAA Settlements Highlight Importance Of Business Associate Agreements

Two related healthcare companies were forced to pay settlements with the federal government totaling over $500,000 over allegations relating to a data breach involving patient health information. Much of the negative attention…more

Breach Notification Rule, Business Associates, Covered Entities, Data Breach, HIPAA

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Massachusetts Adopts Background Check System For Rideshare Companies

On August 5, 2016, Massachusetts Governor Charlie Baker signed into law a bill governing gig economy rideshare companies such as Uber and Lyft – dubbed “transportation network companies” – which implements a novel new background…more

Background Checks, Gig Economy, Lyft, Ridesharing, Uber

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Can Non-Compete Agreements Be Classified As Personal Services Contracts?

In Symphony Diagnostic Services No 1 Inc. d/b/a MobilexUSA v. Greenbaum, the Eighth Circuit Court of Appeals tjust addressed an issue that frequently arises in the non-compete context: what happens when a company buys the assets…more

Corporate Counsel, Non-Compete Agreements, Personal Services, Restrictive Covenants, Successors

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Sexual Orientation Discrimination Claims Under TITLE VII Won’t Be Dismissed…in the U.S. District Court for the Western District of Pennsylvania

The EEOC is on a mission to expand the scope of Title VII to prohibit employers from discriminating against employees on the basis of sexual orientation, and that mission has been accomplished (for now) in the United States…more

EEOC, Employer Liability Issues, Sex Discrimination, Sexual Orientation, Sexual Orientation Discrimination

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New Anti-Corruption Law Creates Changes to Whistleblower Provisions in France

On December 10th, France’s National Assembly published a new law on transparency and anti-corruption. As a result France is expected to begin instituting newer and stronger protections for whistleblowers under the updated…more

Anti-Corruption, CNIL, Confidential Information, France, Whistleblowers

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ADA 'Drive-by' Lawsuits are Targeting Restaurants

An increasing number of plaintiffs’ attorneys are targeting restaurants, bars, and retail establishments in urban areas for “drive-by” lawsuits under Title III of the Americans with Disabilities Act (ADA). Despite its…more

Accessibility Rules, ADA, Restaurant Industry, Retailers, Risk Management

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Another New Frontier: Gig Work in Today’s America

The interest in working a series of gig jobs instead of traditional employment is certainly taking America by storm. Many articles and studies are exploring this trend as if it is a brand new adventure. A recent survey by HR…more

Gig Economy, Independent Contractors

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ERISA Fiduciaries Must Continuously Monitor 401(k) Investment Choices

The U.S. Supreme Court has held unanimously that a plan fiduciary has a continuing duty to monitor investments offered under a 401(k) plan, a duty that is separate and apart from the duty to exercise prudence in selecting…more

401k, Benefit Plan Sponsors, Corporate Counsel, ERISA, Fiduciary Duty

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USDOL's "Willful" Misdefinition

The U.S. Labor Department has now issued its final "Guidance" concerning President Obama's July 2014 "Fair Pay and Safe Workplaces" Executive Order. Our recent Labor Alert summarizes this lengthy Guidance, which among other…more

Corporate Counsel, Disclosure Requirements, DOL, Executive Orders, Fair Pay and Safe Workplaces

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California Wage/Hour Update No. 3, July 2013: Appellate Court Attacks Piece-Rate Compensation – Again

The piece-rate compensation system, common among automotive technicians, agricultural workers, manufacturing employees, truck drivers, and others, has been a viable and rewarding form of compensation in California for over a…more

Compensation & Benefits, Compliance, Employee Benefits, Piece-Rate Pay, Rest and Meal Break

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Governor Wolf Signs Executive Orders Protecting LGBT State Employees and Contractors from Discrimination

Pennsylvania government employees and contractors are now protected from discrimination based on their sexual orientation, gender expression, and gender identity…more

Executive Orders, Gender Discrimination, Government Contractors, Governor Wolf, Public Employees

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Goodbye Carrot, So Long Stick…Hello Club!

Most would agree that workplace safety is of the utmost importance. Accordingly, the Occupational Safety and Health Act of 1970 (“OSH Act”) was enacted for the purpose of ensuring that employers provide their employees safe…more

Criminal Prosecution, DOJ, DOL, Memorandum of Understanding, OSHA

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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 the…more

Administrative Appointments, Corporate Counsel, DOL, OFCCP, OSHA

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Colorado's Minimum Wage Increased January 1

The Colorado minimum wage increased by 23 cents to $8.23 per hour on January 1, 2015. Tipped employees are entitled to receive at least $5.21 per hour. These increases to Colorado’s minimum wage rates reflect the annual…more

COLA, Employer Mandates, Minimum Wage

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Leave The Political Boxing Gloves At The Office Door

We love a good political fight, but dealerships would be well-advised to check the gloves at the office door and instead heed the wisdom offered long ago by Calvin Coolidge: “No man ever listened himself out of a job.” Political…more

Car Dealerships, First Amendment, Human Resources Professionals, NLRA, Political Expression

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Lyft Wins Background Check Class Action Claim

Apparently, even a “no decision” decision by the U.S. Supreme Court can still establish precedent. Relying on a Spring 2016 SCOTUS decision, a federal magistrate judge in California dismissed a proposed class action…more

Article III, Background Checks, Class Action, Corporate Counsel, FCRA

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Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason…more

At-Will Employment, Breach of Contract, Employer Liability Issues, Employment Contract, Health Care Providers

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Was This Doctor A "Good Fit"?

A Wisconsin hospital scored an important victory in a recent failure-to-hire case involving an allegation of race discrimination. The underlying facts offer a timely reminder to all healthcare employers about what is necessary…more

Best Practices, Defense Strategies, Health Care Providers, Hiring & Firing, Hospitals

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Governor Wolf and the Pennsylvania Legislature Crack Down on Hazing in Secondary Schools

On May 24, 2016, Governor Tom Wolf signed legislation requiring Pennsylvania secondary schools to adopt policies and procedures to prevent and correct hazing in schools. House Bill 1574, sponsored by Rep. Ron Marsico,…more

Bullying, Educational Institutions, Hazing, Students

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Electronic Devices At School: What Could Possibly Go Wrong?

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices…more

Popular

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How The Gig Economy Might Just Advance Women’s Job Rights

Earlier this year, Arizona Congresswoman Martha McSally, announced the formation of a new working group, comprised of Ms. McSally and several of her Republican colleagues, called the “Working Group on Women in the 21st Century…more

Equal Pay Act, Gig Economy, Women's Rights

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There (Doesn’t) Go the Neighborhood - Why California Employers Don’t Have To Be 420 Friendly After The Legalization Of Recreational Marijuana

November 8, 2016 marked an election that will go down in history. On the radar of most California employers is the passage of Proposition 64, which legalizes the recreational use of marijuana for adults 21 years of age and older…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, General Elections

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The Gig Economy and Utility Contractors: Government Agencies Can’t Have It Both Ways

There has been a long tradition of a “gig economy” in the utility contractor field (i.e., cable television, water, sewer, gas and electric). Often installers work by the job and have formalized their businesses by obtaining…more

Gig Economy, Joint Employers, Wage and Hour

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San Francisco Will Require Employers To Provide Paid Parental Leave: FAQs For Employers

The City of San Francisco just became the first city in the country to pass legislation requiring many employers to provide workers with paid parental leave, entitled the “Paid Parental Leave Ordinance.” Starting in 2017, many…more

Paid Family Leave Insurance Program, Parental Leave

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Federal Judge Blocks Transgender Protections

On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and insurance…more

Affordable Care Act, Anti-Discrimination Policies, Covered Entities, Federal Funding, Final Rules

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Governor Cuomo Creates Unit To Enforce Increasing New York Minimum Wage

To ring in the New Year, Governor Andrew Cuomo announced the creation of a 200-member multi-agency Minimum Wage Enforcement and Outreach Unit on January 2, 2017. The Unit’s goal is to ensure that all minimum wage workers in the…more

Andrew Cuomo, Employer Mandates, Enforcement Authority, Minimum Wage, Wage and Hour

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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

Arbitration Agreements, Class Action Arbitration Waivers, Corporate Counsel, Employment Contract, Multistate Corporations

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New York City’s “Ban the Box” Law May Also Cover Investigations

Late last week, the New York City Commission on Human Rights issued its Fair Chance Act guidance document. The guidance provides additional direction to employers in New York City regarding their obligations under the City’s…more

EEOC, Fair Chance Act, Hiring & Firing, Job Applicants, New Guidance

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Transitioning To The New "Highly Compensated" Threshold

When the revised requirements for the federal Fair Labor Standards Act's "white collar" exemptions take effect on December 1, the total-annual-compensation threshold for the "highly compensated employee" (HCE) versions will…more

DOL, FLSA, Highly Compensated Employees, Wage and Hour, White-Collar Exemptions

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“STOP. THINK. CONNECT.”: Using Your Personnel To Enhance Your Cybersecurity.

In February 2016, President Barack Obama directed his Administration to implement a Cybersecurity National Action Plan (CNAP) that “takes near-term actions and puts in place a long-term strategy to enhance cybersecurity…more

Cybersecurity, Cybersecurity National Action Plan (CNAP), Popular, Private Sector, Risk Management

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

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

Arbitration Agreements, Discrimination, Employer Liability Issues, NJ Supreme Court, Statute of Limitations

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New Federal Trade Secret Statute Requires Important Updates To Contracts And Policies

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover compensatory…more

Bring Your Own Device, Contract Drafting, Defend Trade Secrets Act (DTSA), Employment Contract, Misappropriation

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Federal Judge Blocks Transgender Protections

On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and insurance…more

Affordable Care Act, Anti-Discrimination Policies, Covered Entities, Federal Funding, Final Rules

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Responding To New FLSA Exemption Requirements Could Implicate Old SouthCarolina Law

The coming changes in the federal Fair Labor Standards Act's "white collar" exemption regulations (scheduled for December 1) leave many employers with essentially two options as to employees who now qualify for exempt status but…more

Exempt-Employees, FLSA, Minimum Salary, Wage and Hour, White-Collar Exemptions

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How to Get an A+ On Your Next Hire

When it comes to filling vacant positions at your school, you not only need to find the best talent available, but you also need to locate faculty and administrators who will thrive in your unique community. In many cases,…more

Background Checks, Employer Liability Issues, Hiring & Firing, Public Schools, Screening Procedures

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Should Gig Workers Earn “On-Call” Pay? Federal Court Agrees To Examine Issue

The legal theories that are being lobbed at Uber in wage-hour lawsuits across the country show no signs of letting up. Earlier this year, a group of certified limousine drivers in Eastern Pennsylvania who provide services…more

Employer Liability Issues, FLSA, Gig Economy, On-Call Employees, Uber

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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 the…more

Administrative Appointments, Corporate Counsel, DOL, OFCCP, OSHA

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Kentucky Becomes 27th Right-To-Work State

On January 9, 2017, Kentucky Governor Matt Bevin signed into law a bill that made Kentucky a right-to-work state. The law took effect immediately. Employers in the state should familiarize themselves with this significant new…more

Collective Bargaining Agreements (CBA), Governor Bevin, New Regulations, Right to Work, Unions

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Rising Wages – The Expansion of Philadelphia’s Prevailing Wage Ordinance

On Thursday, October 27th Philadelphia Mayor Jim Kenney signed into law legislation that expands the scope of the city’s prevailing wage ordinance to encompass service employees at universities, hospitals and other businesses…more

DOL, Educational Institutions, Federal Funding, Hospitals, Local Ordinance

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The New And Evolving Standard For Accommodating Pregnant Employees

When the U.S. Supreme Court issued a March 2015 decision creating a new standard for how employers should accommodate pregnant employees, retailers took notice. After all, approximately 50% of retail employees are female, and in…more

Employer Liability Issues, Pregnancy, Pregnancy Discrimination, Reasonable Accommodation, Retailers

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A Post-Election Survival Guide For Employers

In the two months since the culmination of what many call the most bitterly contested presidential election in American history, employers are already reporting the conflict among employees is unlike any other in modern times…more

Best Management Practices, Employment Policies, First Amendment, Hostile Environment, NLRA

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A Post-Election Survival Guide For Employers

In the two months since the culmination of what many call the most bitterly contested presidential election in American history, employers are already reporting the conflict among employees is unlike any other in modern times…more

Best Management Practices, Employment Policies, First Amendment, Hostile Environment, NLRA

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Government Finalizes Troublesome New Persuader Rule; Legal Challenges Pending

The federal government has finalized a significant new regulation that seeks to interfere with businesses seeking legal counsel to help in opposing or dealing with unions. The U.S. Department of Labor’s (USDOL) new “persuader”…more

Corporate Counsel, DOL, LMRDA, Persuader Rules, Reporting Requirements

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Impact of EEOC v. Abercrombie, and Employment Practices Going Forward

A first glance at the U.S. Supreme Court's recent EEOC v Abercrombie decision by Fisher & Phillips attorney, Andrew Hoag…more

EEOC, EEOC v Abercrombie, First Glance, Religious Accommodation, Religious Discrimination

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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

Arbitration Agreements, Class Action Arbitration Waivers, Corporate Counsel, Employment Contract, Multistate Corporations

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Labor Letter, June 2013: Becoming A Resume Lie Detector

Society of Human Resource Management studies show that 53% of job applicants lie on their resumes. Other research has placed the number at between 30% and 50%, with one 2011 study saying that 80% of resumes are – at a minimum –…more

Applications, Hiring & Firing, Job Applicants, Misleading Impressions, Misleading Statements

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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

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Does The NLRB Have Jurisdiction Over Your University?

Although a religious college recently scored a victory in its battle against unionization, the legal decision and the proceedings that led to that decision could be somewhat troublesome for your educational institution. All…more

AFL-CIO, Colleges, Faculty, NLRB, Religious Discrimination

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What To Expect When You're Not Expecting: How To Handle Unplanned Visits From Federal Agencies

The unannounced arrival of an investigator from a federal agency is an unwelcome business interruption which can be a drain on productive time and arouse collective anxiety in your business environment. Effective management of…more

DHS, DOL, Government Investigations, ICE, Strategic Planning

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Many Tennessee Employers Will Soon Be Required To Use E-Verify

Tennessee’s state immigration law just received an important update by the state legislature and Governor, and many employers in the state will soon be impacted. Beginning January 1, 2017, all Tennessee businesses with 50 or…more

DHS, E-Verify, I-9

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Oregon's New Paid Sick Leave Law: An Overview

On June 22, 2015, Oregon became the fourth state to enact a statewide mandatory paid sick leave law, following California, Connecticut, and Massachusetts. The bill, signed into law by Governor Kate Brown, requires Oregon…more

Employee Rights, Employer Mandates, New Legislation, Paid Leave, Paid Sick Leave Act

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Into The Breach: How To Prevent Data Breaches And Respond To The Aftermath

Employers have a legal obligation to safeguard and protect a variety of information hosted in the workplace. Unfortunately, when it comes to workplace data breaches, the question is not if you will suffer one, but when…more

Data Breach, Data Privacy, Data Protection, Incident Response Plans, Risk Mitigation

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Governor Cuomo Creates Unit To Enforce Increasing New York Minimum Wage

To ring in the New Year, Governor Andrew Cuomo announced the creation of a 200-member multi-agency Minimum Wage Enforcement and Outreach Unit on January 2, 2017. The Unit’s goal is to ensure that all minimum wage workers in the…more

Andrew Cuomo, Employer Mandates, Enforcement Authority, Minimum Wage, Wage and Hour

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Nevada Employers: Time To Review Your Non-Competes

If you are using a noncompetition agreement in Nevada, you may want to consider reviewing that agreement. The Nevada Supreme Court recently held that state courts shall not modify – or “blue pencil” – non-compete agreements in…more

Blue Pencil Contract Modification, Contract Terms, Employer Liability Issues, Non-Compete Agreements, NV Supreme Court

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Divisive Devices: Navigating Workplace Pitfalls Caused By Connectivity And Mobile Apps

It is unlikely that the Slovenian psychoanalytic Marxist philosopher Slavoj Zizek had in mind the wellbeing of corporate defendants in workplace litigation when he articulated this “ultimate horror of the digital age.”…more

Best Management Practices, Digital Media, Employment Policies, Mobile Apps, OSHA

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Service Animals In School

Joey is a 5th grade student who is hearing impaired. Joey’s parents request that he be allowed to attend school with his service dog, Snickers. You learn that Joey’s teacher is severely allergic to animal dander. You are also…more

Assistive Animals, Public Schools, Service Animals

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Defense Strategy: Interactive Process Can Be Used To Defeat ADA Claims

Most employers are well aware that the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees or applicants who indicate they have a disability and may require some type of…more

ADA, Appeals, Best Management Practices, Disability Discrimination, Interactive Process

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California Expands Data Breach Notification Law

California’s data breach notification law is already considered the most stringent in the United States. Based on a new amendment recently signed into law, the law will soon get even tougher…more

Amended Regulation, Breach Notification Rule, Disclosure Requirements, Personally Identifiable Information, Popular

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The Seizure Provisions of the Defend Trade Secrets Act

Last week, President Obama signed into law the Defend Trade Secrets Act. Among its many interesting provisions is a detailed procedure for a party to request, ex parte, the seizure of property in order to "prevent the…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Trade Secrets

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Is An Unlimited Vacation Policy Right For Your Workplace?

According to a survey by the Society for Human Resource Management, about 3% of companies in the U.S. maintain some form of unlimited vacation policy. The reasons for adopting such a policy are easy to see: they offer work­life…more

Best Management Practices, Employment Policies, Human Resources Professionals, Vacation Leave

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LA Doesn’t Just Ban The Box, It Gives It The Boot

Los Angeles just joined the ranks of other cities like San Francisco and New York City by enacting its own ban-the-box ordinance, prohibiting private employers from inquiring about criminal convictions during the application…more

Background Checks, Ban the Box, Criminal Background Checks, EEOC, Employer Liability Issues

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The Customer Is Not Always Right: The Dangers Of Third-Party Harassment Claims

Like most in the hospitality industry, you are constantly balancing many competing demands. At any given moment, you could be focusing on managing staff performance. Or perhaps you are reviewing your employment policies to see…more

Employer Liability Issues, Harassment, Hospitality Industry, Hostile Environment, Restaurant Industry

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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

Appeals, Car Dealerships, Chevron Deference, DOL, FLSA

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Feds Target HR Professionals For Criminal Violations Of Antitrust Laws

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced they are increasing their efforts to criminally prosecute employers and individuals who engage in certain behaviors…more

Anti-Competitive, Antitrust Investigations, Criminal Prosecution, DOJ, Enforcement Actions

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OSHA Makes it Harder to Settle Whistleblower Claims.

As you may or may not know, OSHA administers the whistleblower portions of about 22 federal statutes. Similar to the recent information from the SEC about problematic language in settlement agreements, OSHA, in its role as…more

Enforcement Authority, OSHA, Popular, SEC, Settlement Agreements

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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

Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues, Federal Arbitration Act, Mandatory Arbitration Clauses

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Independent Contractor Misclassification: The Hidden Trap of Outsourcing

It’s a beguiling option. Companies that classify workers as independent contractors receive a number of benefits, including elimination of payroll taxes, workers’ compensation insurance, and unemployment insurance withholdings…more

Class Action, Independent Contractors, Misclassification, Subcontractors, Wage and Hour

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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 the…more

Administrative Appointments, Corporate Counsel, DOL, OFCCP, OSHA

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Mind The (Pay) Gap: Philadelphia Employers Soon Will Be Prohibited From Inquiring About Wage History During Hiring Process

Philadelphia will soon be the first city in the United States to have a law prohibiting employers from inquiring about a prospective employee’s wage history at any point during the hiring process. Philadelphia Bill No. 160840,…more

Employer Liability Issues, Hiring & Firing, Local Ordinance, Wage and Hour, Wage History

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Limiting Employee Hours To Avoid ACA Could Violate ERISA, Court Rules

In a first-of-its-kind decision, a federal court recently upheld the right of employees to sue their employer for allegedly cutting employee hours to less than 30 hours per week to avoid offering health insurance under the…more

Affordable Care Act, Dave & Buster's, ERISA, Health Insurance, Part-Time Employees

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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 filed…more

Appeals, Cat's Paw, Corporate Counsel, Employer Liability Issues, Retaliation

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Are Employers Acting on What They Learn from Mass Shootings

After every public shooting, we discuss how to prevent and better respond to the next active shooter, but each subsequent shooting event suggests we are not acting upon knowledge gained…more

Best Management Practices, Mass Shootings, Mental Illness, Training, Workplace Safety

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Top 5 Legal Trends For Hospitality Employers

There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014…more

Class Action, Class Action Arbitration Waivers, Employer Liability Issues, FLSA, Free Speech

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New Year, New Minimum Wage – Or Maybe Not

Time was, answering the question “What is the minimum wage?” was simple. There was the federal minimum wage and the state minimum wage, and for most California employers, only the latter number really mattered. Now the answer…more

Minimum Salary, Minimum Wage, Wage and Hour, White-Collar Exemptions

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Hazy Future Ahead For Florida Employers After Medical Marijuana Vote

Yesterday’s election result means that Florida will soon be the 26th state in the country to permit certain eligible users to use medical marijuana without fear of prosecution by state officials. The passage of Constitutional…more

Constitutional Amendment, Decriminalization of Marijuana, Department of Health, Employer Liability Issues, Employment Policies

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Preventing A Messy "Failed Exemption" Lawsuit

(Labor Letter, February 2014) - In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the United…more

Exempt-Employees, FLSA, Hiring & Firing, Job Offers, Non-Exempt Employees

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Will Your No-Smoking Policy Get Vaporized?

Wondering what your employee is smoking in the break room, likely in violation of your “no-smoking” policy? Chances are it is an electronic smoking device, such as an e-cigarette or vaporizer. What should you do about it?…more

Best Management Practices, Corporate Counsel, E-Cigarettes, Employment Policies, FDA

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Supreme Court Leaves Massive Attorney's Fee Award Against EEOC Unresolved

But Decision Could Still Be Helpful For Employers - Today, in a unanimous 8-0 decision, the U.S. Supreme Court declined to issue a definitive ruling on whether an employer is entitled to recover nearly $5 million dollars in…more

Attorney's Fees, EEOC, EEOC v CRST Van Expedited, Frivolous Lawsuits, Hostile Environment

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Supreme Court Agrees To Wade Into Class Waiver Conflict

In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will provide…more

Certiorari, Class Action Arbitration Waivers, Collective Actions, Ernst & Young, Federal Arbitration Act

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Religious Affiliation Is Not Enough – The Ever-Expanding Reach of the National Labor Relations Act

The National Labor Relations Act has been enjoying a resurgence in attention and application in recent years. From last year’s thirty page memorandum from the National Labor Relations Board’s Office of the General Counsel…more

Collective Bargaining, First Amendment, NLRA, NLRB, Unions

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HIPAA' s Criminal Charges Pack a Heavy Punch

Almost all healthcare providers and health plan administrators are familiar with the detailed requirements of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA). Violations can…more

Civil Monetary Penalty, Criminal Prosecution, Health Care Providers, Healthcare, HIPAA

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Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was…more

Affirmative Action, Construction Workers, Contractors, Disability, Hiring & Firing

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ADA 'Drive-by' Lawsuits are Targeting Restaurants

An increasing number of plaintiffs’ attorneys are targeting restaurants, bars, and retail establishments in urban areas for “drive-by” lawsuits under Title III of the Americans with Disabilities Act (ADA). Despite its…more

Accessibility Rules, ADA, Restaurant Industry, Retailers, Risk Management

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Handy Proposal May Solve Sharing Economy Business Woes

As startups from Silicon Valley to Silicon Forest continue to flood the market with competing on-demand service platforms “staffed” with independent workers, these same businesses – implementing one of the most disruptive,…more

DOL, Independent Contractors, Misclassification, Sharing Economy, Wage and Hour

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Surviving The Holiday Party Season: An Employer’s Quick Reference Guide

As 2016 winds down, we are entering into the prime season for holiday gatherings. Based on a recent study by the Society for Human Resource Management, approximately 65% of employers plan to host a holiday or end-of-year party…more

Best Management Practices, Employer Liability Issues, Holiday Parties

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Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and retail…more

Best Management Practices, Collective Bargaining, FLSA, Severe Weather, Wage and Hour

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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 in…more

Data Collection, NLRB, Quickie Election Rules

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Enforcing Your Policies Outside The Workplace

All employers adopt and enforce policies regulating conduct at the workplace. Many employers expect that employees will follow their employment polices at all times regardless of whether the employee is working or at work…more

Employee Rights, FMLA, NLRA, NLRB, OSHA

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There (Doesn’t) Go the Neighborhood - Why California Employers Don’t Have To Be 420 Friendly After The Legalization Of Recreational Marijuana

November 8, 2016 marked an election that will go down in history. On the radar of most California employers is the passage of Proposition 64, which legalizes the recreational use of marijuana for adults 21 years of age and older…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, General Elections

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The Dangers Of The Darknet - And Why Constant Monitoring Of Workplace Computer Activity Is A Modern Necessity

Nearly every piece of data and information generated by businesses these days is corralled into various electronic storage sites, such as company network servers, software-as-a-service (SaaS) business applications, and…more

Best Practices, Black Market, Cloud Storage, Darknet, Data Collection

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3 Biggest Workplace Law Concerns For Breweries And Brewpubs

As virtually all startups and small businesses know, one of the surest ways to kill a promising enterprise is to get involved in costly litigation. Breweries and brewpubs are no exception. The current rise in employment…more

Breweries, Employer Liability Issues, Restaurant Industry, Risk Management, Small Business

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Seattle City Council Passes Secure Scheduling Law

In keeping with its goal of pioneering workers’ rights, Seattle’s City Council passed its controversial Secure Scheduling Ordinance on September 19, 2016, which will require certain retail and food establishments to provide both…more

Business Justification, Covered Employee, Covered Employer, Employee Rights, Employer Liability Issues

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"Wage Theft" Regulation Comes to New Hampshire

Do you have employees in New Hampshire? If so, you should be aware of revised state requirements now in effect regarding how and when you must notify employees about various compensation practices and policies, such as changes…more

Corporate Counsel, DOL, Sick Leave, Wage and Hour, Wage Theft

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New Regulations Clarify Which Employers Are Exempt From Yearly H-1B Quota

On November 18, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited rule seeking to improve certain aspects of the employment-based immigration system. The new rule, which becomes effective on January 17,…more

DHS, Foreign Workers, H-1B, Highly-Skilled Workers Visa, USCIS

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Seattle City Council Passes Secure Scheduling Law

In keeping with its goal of pioneering workers’ rights, Seattle’s City Council passed its controversial Secure Scheduling Ordinance on September 19, 2016, which will require certain retail and food establishments to provide both…more

Business Justification, Covered Employee, Covered Employer, Employee Rights, Employer Liability Issues

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WTF, NLRB? (WTF = “Where’s The Fairness?”)

In yet another blow to employers, a National Labor Relations Board Administrative Law Judge recently upheld the right of employees who regularly work with customers to wear offensive union buttons prominently displaying the…more

ALJ, AT&T, Corporate Counsel, Dress Codes, NLRB

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Ohio's Minimum Wage Boosted 15 Cents On January 1

Minimum wage workers in Ohio will see their hourly pay increase by 15 cents in 2015. Effective January 1st, the Ohio minimum wage rate increased from $7.95 to $8.10 per hour. The minimum wage rate for tipped employees is…more

COLA, Minimum Wage

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Supreme Court: Voters' Initiative To End Affirmative Action Is Constitutional

In a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs…more

ACLU, Admissions, Affirmative Action, Diversity, NAACP

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Drinking + Driving = Losing Your Visa?

With Thanksgiving and the holidays right around the corner, Fisher Phillips would like to remind our clients to be extra careful when driving home after a night out. In addition to the criminal and financial ramifications of…more

Drunk Driving, DUI, Visas

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USCIS Increases Filing Fees

The U.S. Citizenship and Immigration Services is increasing filing fees for many immigration applications and petitions by an average of 21% beginning on December 23, 2016. While the filing fees for some applications and…more

DHS, Filing Fees, Form I-130, I-129, USCIS

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New California Law Expands Retaliation Coverage

Employees Requesting Accommodation Are Now Protected - On July 16, 2015, Governor Brown signed into law AB 987, amending the California Fair Employment and Housing Act (FEHA) to reflect what many already believed to be…more

Adverse Employment Action, Employer Liability Issues, FEHA, Human Resources Professionals, New Legislation

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New York Governor Signs Executive Orders To Address Wage Gap

On January 9, 2017, New York Governor Andrew Cuomo issued two executive orders aimed at addressing the perceived gender, race, and ethnicity-based wage gaps. Noting that the state government must lead by example and ensure equal…more

Executive Orders, Governor Cuomo, Hiring & Firing, Public Employers, Salary History

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California Agricultural Industry Wage Pains Not Just A Phase - New State Law Will Mandate “Phase-In” Overtime Requirements

On September 12, 2016, Governor Jerry Brown signed the Phase-In Overtime for Agricultural Workers Act of 2016 (AB 1066) into law, providing more stringent overtime protections for agricultural workers. California law currently…more

Agricultural Workers, Jerry Brown, New Regulations, Unpaid Overtime, Wage and Hour

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All Is Now Well? – EEOC Finalizes Employer Wellness Program Rules

Today, the U.S. Equal Employment Opportunity Commission (EEOC) published the final versions of two new rules regulating employer-sponsored wellness programs. The rules, which will go into effect in 2017, allow employers to offer…more

ADA, EEOC, Final Rules, GINA, Wellness Programs

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National Anthem Protests: How Should Educational Institutions Respond?

Picture this scenario at your school: parents, students, and fans fill the stands on the night of the big game. The marching band takes the field, but as it begins to play the national anthem, the football team’s star player…more

Protests, Public Schools, School Districts

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Whistleblower Protection Extends To Federal Workers Who Violate Agency Regulations

Yesterday the U.S. Supreme Court held that an agent of the Transportation Security Administration (TSA) who disclosed information that was prohibited by TSA regulations, was nonetheless protected under the Whistleblower…more

Department of Transportation (DOT), DHS v Maclean, Disclosure, SCOTUS, TSA

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Don’t Get Caught In A Web of Claims: ADA Website Accessibility Claims On The Rise

In today’s technology-driven society, retailers are increasingly using the internet to provide information, goods, and services to the public. While having a website is almost a mandatory aspect of operating a retail business,…more

ADA, DOJ, Internet Retailers, Title III, Website Accessibility

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Transcending Gender In Schools: Is Gender Neutral The New Normal?

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to…more

Best Practices, Bullying, Discrimination, Educational Institutions, Gender Identity

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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 foremost…more

Employer Liability Issues, Gig Economy, Independent Contractors, Misclassification, Settlement Agreements

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Not Much To Look Forward To? A Preview Of The Supreme Court’s 2016-2017 Term

As is its usual custom, the U.S. Supreme Court (SCOTUS) will kick off its 2016 term on the first Monday of October. While recent years have seen highly anticipated and equally controversial workplace law matters decided by the…more

Class Action Arbitration Waivers, Corporate Counsel, Czyzewski v Jevic Holding Corp, Fry v Napoleon Community Schools, Microsoft v Baker

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Government Finalizes Troublesome New Persuader Rule; Legal Challenges Pending

The federal government has finalized a significant new regulation that seeks to interfere with businesses seeking legal counsel to help in opposing or dealing with unions. The U.S. Department of Labor’s (USDOL) new “persuader”…more

Corporate Counsel, DOL, LMRDA, Persuader Rules, Reporting Requirements

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Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was…more

Affirmative Action, Construction Workers, Contractors, Disability, Hiring & Firing

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Labor Letter, August 2013: Five Documents Sure To Appear In Your Lawsuit

Although simple and oftentimes overused, sports metaphors can provide insight into complicated topics. When it comes to employment litigation, cases often boil down to “blocking and tackling.” In other words, the fundamental…more

Adverse Employment Action, Disciplinary Proceedings, Employee Handbooks, Litigation Strategies, Performance Reviews

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SCOTUS Gives Boost To Employee Constructive Discharge Claims

In a 7-1 decision, the U.S. Supreme Court ruled today that the statute of limitations for Title VII constructive discharge claim begins on the date of the employee’s notice of resignation, not on the date of the last alleged…more

Constructive Discharge, EEOC, Employer Liability Issues, Green v Brennan, SCOTUS

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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 the…more

Administrative Appointments, Corporate Counsel, DOL, OFCCP, OSHA

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Illinois Employers Must Offer Retirement Savings Program

Illinois has become the first state in the nation to enact a law requiring businesses to offer their employees a retirement savings plan. Signed into law recently by Gov. Pat Quinn, the new law, entitled “Illinois Secure Choice…more

Employee Benefits, Employer Mandates, New Legislation, Retirement Plan

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The Zika Virus: FAQs For Hospitality Employers

The World Health Organization recently declared Zika a global public health emergency, only the fourth time the agency has declared the spread of a disease to be a health emergency of international concern. The following…more

Best Management Practices, OSHA, Traveling Employee, World Health Organization, Zika

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EEOC Seeks To Expand Reach Of Sexual Orientation Claims

A new wave of litigation may result in sexual orientation discrimination being prohibited at most workplaces across the country. The last month has seen a historic series of lawsuits filed by the Equal Employment Opportunity…more

EEOC, Employer Liability Issues, Sexual Orientation Discrimination, Title VII

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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 union…more

Adverse Employment Action, Best Management Practices, Corporate Counsel, Damages, Defamation

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Fisher & Phillips Offers Comments On EEOC's Proposed Retaliation Guidance

Fisher & Phillips recently submitted comments to the Equal Employment Opportunity Commission (EEOC) regarding the agency’s proposed Enforcement Guidance on Retaliation. The comments reflect an effort by the firm to ensure that a…more

EEOC, Enforcement Guidance, Public Comment, Retaliation

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Distracted Driving: What's In Your Policy?

Long before cell phones, drivers faced various distractions: eating, grooming, attending to children, changing the radio station, rubbernecking someone else’s accident, becoming absorbed in a conversation, or arguing. These…more

Distracted Driving

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An Employer’s New Year Resolution: Pay Attention To Pay Equity In 2017

We are not yet through the first month of the New Year, but pay equity lawsuits have already dealt a one-two punch to employers: “one” being a million-dollar settlement between a legal and business research company and its…more

Corporate Counsel, DOL, Employer Liability Issues, Federal Contractors, General Motors

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Labor Department Finalizes Apprenticeship Program Discrimination Rule

The U.S. Department of Labor (USDOL) has finalized a rule expanding nondiscrimination and affirmative action requirements in apprenticeship programs registered with the USDOL or state apprenticeship agencies. Program sponsors…more

Affirmative Action, Apprenticeships, DOL, Employer Mandates, Final Rules

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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

Appeals, Car Dealerships, Chevron Deference, DOL, FLSA

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The Reality Of “Sanctuary Campuses”

Throughout the course of his campaign, President-elect Donald Trump pledged to deport millions of undocumented immigrants and also eliminate the federal Deferred Action for Childhood Arrivals policy (DACA) – which allows some…more

DACA, Educational Institutions, Federal Funding, FERPA, Harvard University

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The Gig Workforce Train … Even More “Traditional” Workplaces Are Making Sure That They Don’t Get Left Standing on the Platform

Much has been written about sharing economy companies such as Uber and the like whose very core is fueled by a contingent workforce connected to consumers through a digital platform. But a recent report stresses that even more…more

Best Management Practices, Best Practices, Gig Economy, Uber

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What Employers Need To Know About Mandatory Payroll Deduction Savings Programs

Administering and providing retirement benefits can present difficulties to employers. If you offer such benefits, you must choose and monitor service providers, offer prudent investment options, and administer benefits, among…more

Benefit Plan Sponsors, DOL, ERISA, New Guidance, Retirement Plan

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Are Your Pay Practices Still Compliant?

By now you have likely heard about a recent Supreme Court decision and a change in federal wage and hour regulations that have a direct impact on the retail automotive industry. The good news is that the Supreme Court decision…more

Automotive Industry, Car Dealerships, Navarro v Encino Motorcars, SCOTUS, Service Advisors

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The Aggressive Push For Broad New Interpretations Of California’s Wage And Hour Laws

The past several years have been a difficult time for many California employers when it comes to wage and hour compliance. But if enterprising plaintiffs’ attorneys have their way, times will get even worse in the coming years…more

Employer Liability Issues, Legislative History, Minimum Wage, PAGA, Rest and Meal Break

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Transgender Protections Expanded In California With All-Gender Restroom Law

On Thursday, September 29, California Governor Jerry Brown signed legislation which will require all single-occupancy restrooms in any business establishment, place of public accommodation, or government agency to be identified…more

Corporate Counsel, DFEH, Gender Neutral, Governor Brown, Public Accommodation

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Courts Continue To Expand ERISA Church Plan Exemption

Most employers know that there is a federal law – the Employee Retirement Income Security Act, or ERISA – that governs employer-sponsored employee benefit plans. There are a few notable exceptions that could apply to healthcare…more

Benefit Plan Sponsors, Churches, ERISA, Exemptions, Hospitals

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Employee or Independent Contractor: Why It Matters?

Every employer eventually tackles the question of whether its labor force is composed of employees, independent contractors, or a combination of both. The appeal of the independent contractor classification is understandable…more

Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

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Protecting Trade Secrets From Theft By Ex-Employees

In late 2015, Atlantic Marine Construction Company, a Virginia Beach construction company, filed a lawsuit against a former Vice President of Construction and his new employer, alleging various causes of action arising out of…more

Idea Theft, Mobile Device Management, Popular, Trade Secrets, Work Computer

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No April Fool's Joke: New Scam Targeting HR And Payroll

An unfortunate number of employers have recently fallen victim to a phishing scam that tricks them into disclosing highly sensitive employee information to unknown third parties. Make sure to warn your Human Resources and…more

Cyber Attacks, Data Breach, Email, Hackers, Human Resources Professionals

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Let the H-1B Games Begin: May the Odds Be Ever in Your Favor

Katniss Everdeen’s bow and arrow will not help employers on April 1st, 2014 when the competition for H-1B work visas begins. On April 1, U.S. Citizenship and Immigration Services (“USCIS”) begins accepting H-1B petitions for…more

H-1B, Immigrants, USCIS, Visas

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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

Data Privacy, Donald Trump, Equal Pay, Immigration Reform, NLRB

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New Jersey Assembly Introduces Bill To Prohibit Asking About Applicants'Compensation Histories

Recently, the New Jersey Assembly introduced a bill that would amend the New Jersey Law Against Discrimination to prohibit employers from seeking compensation information on employment candidates. Pursuant to the bill’s…more

Anti-Discrimination Policies, Equal Pay, Hiring & Firing, Pending Legislation, Salary History

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Sanctions for Bringing a Computer Fraud and Abuse Act Claim?

Federal courts have continued to disagree on whether the Computer Fraud & Abuse Act ("CFAA") applies to employees who misuse confidential information or trade secrets obtained from an employer's computer system that the employee…more

Computer Fraud and Abuse Act (CFAA), Confidential Information, Employment Policies, Motion for Sanctions, Unauthorized Access

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Employee Communications: Your Internal Public Relations Campaign

If your organization regularly communicates with employees, then you understand the value of keeping employees informed about changes and plans for the organization. If you don’t have a program for regular employee…more

Best Management Practices, Corporate Culture

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Transgender Employees in the Sharing Economy

The sharing economy is attractive to many transgender employees who fear discrimination in traditional workforces. But are sharing economy employers required to provide them with any special protections? With the employment…more

Best Practices, Civil Rights Act, Sex Discrimination, Sharing Economy, Title VII

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FLSA Civil Penalties to Increase Again

For the second time in less than a year, the U.S. Department of Labor will soon publish increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and/or related…more

Civil Monetary Penalty, DOL, Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FLSA, Minimum Wage

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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 the…more

Administrative Appointments, Corporate Counsel, DOL, OFCCP, OSHA

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Fast-Food Chain Employers: Take Steps Now to Avoid Being the Next FLSA Headline

On almost a daily basis, we read articles about class action lawsuits and settlements against fast-food chains. Almost all chains have had them. Fisher & Phillips has defended many of these lawsuits for different chains in all…more

Employee Rights, Employer Liability Issues, Fast-Food Industry, FLSA

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New Jersey Court Ruling Raises Price Of Employment Discrimination

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who were…more

Appeals, Attorney's Fees, Back Pay, Emotional Distress Damages, Future Wages

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OSHA Turns Up The Heat On Healthcare Employers

As most in the healthcare industry know, the United States Department of Labor – Occupational Safety and Health Administration (OSHA) continues its scrutiny of the industry. According to OSHA, more workers are injured in the…more

Employee Restrooms, Health Care Providers, OSHA, Transgender, Workplace Safety

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Cities Across the World Come Together to Regulate Gig Employers

Over the past few years, we’ve seen states and other local governments pass or introduce laws to regulate the gig economy. Most recently, for example, the city of Seattle passed a law allowing the unionization of app-based gig…more

Collective Bargaining, Corporate Counsel, Gig Economy, Popular, Ridesharing

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New York State and Seattle Lead Discussion on Portable Benefits

In an effort to head off litigation by workers claiming they have been misclassified as contractors, companies using a largely on-demand workforce have been working with the New York State Assembly to develop a system of…more

Employee Benefits, Employer Liability Issues, Gig Economy, Independent Contractors, Misclassification

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Human Error Called The Most Common Factor In Data Breaches

As reported in the December 9, 2015 Wall Street Journal Law Blog, a recent report by the Association of Corporate Counsel (“ACC”) revealed that the most common reason for a data breach at companies is “employee error.” …more

Cyber Crimes, Cybersecurity, Data Breach, Hackers, Security Breach

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Duran v. U.S. Bank: When Class Certification Goes Wrong

The California Supreme Court recently handed down a landmark decision on class actions. The trial judge lost control of the certification and evidentiary presentation of the case resulting in a $15 million verdict against U.S…more

Class Action, Class Certification, U.S. Bank National Association, US Bank

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Dodging Disparate Impact Claims

There has been significant buzz lately regarding the risk of discrimination in the sharing economy. Not only has the Equal Employment Opportunity Commission (EEOC) published its intent to prioritize protections in the on-demand…more

Discrimination, Disparate Impact, EEOC, Employer Liability Issues

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OSHA Turns Up The Heat On Healthcare Employers

As most in the healthcare industry know, the United States Department of Labor – Occupational Safety and Health Administration (OSHA) continues its scrutiny of the industry. According to OSHA, more workers are injured in the…more

Employee Restrooms, Health Care Providers, OSHA, Transgender, Workplace Safety

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Gig Economy Giant’s Uber-Creative Management Style for Maintaining Independent Contractor Workers

Uber’s inventive management style continues to be a topic of conversation in the gig economy world. In the wake of the $100M Uber class action litigation settlement being rejected (primarily due to monetary terms), a new case…more

Gig Economy, Independent Contractors, Misclassification, Uber, Wage and Hour

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Court Rejects Kentucky Wage-Hour Representative Actions

The Kentucky Wages and Hours Act provides the mechanism for pursuing redress for minimum-wage or overtime violations under that law. KRS 337.385 provides, in pertinent part, that "[s]uch action may be maintained in any court of…more

FLSA, Jurisdiction, Minimum Wage, New Legislation, Unpaid Overtime

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Mexico – Single National Minimum Wage

On September 24, 2015, the National Minimum Wage Commission resolved that a single minimum wage of $70.10 pesos a day would apply across the entire country of Mexico. This resolution became effective as of October 1, 2015…more

Mexico, Minimum Wage, Wage and Hour

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Medical Marijuana Comes To Arkansas

After a narrow defeat of a medical marijuana proposition four years ago in socially conservative Arkansas, this year’s election result means that Arkansas will soon join many other states and become the first in the so-called…more

Corporate Counsel, Department of Health, Dispensaries, Employer Liability Issues, Employment Policies

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Pay Equality: Law, Litigation, and the Gathering of Pay Data

Pay equity issues are hot. President Obama has made pay equity one of the hallmarks of his administration by signing the Lilly Ledbetter Fair Pay Act, establishing the National Equal Pay Task Force, and championing the fight for…more

Collective Actions, EEO-1, EEOC, Employer Liability Issues, Equal Pay Act

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The Ever-Evolving Obligations of California Employers to Provide Paid Sick Leave (and New Minimum Wage Requirements, too!)

This month, the Cities of Los Angeles and San Diego passed paid sick leave and minimum wage ordinances to go into effect soon. While all California employers have been required to provide paid sick leave to employees since July…more

Employee Rights, Local Ordinance, Minimum Wage, Paid Leave, PTO

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Eligibility Rules Need To Be In Writing

Healthcare reform continues to roll on. 2014 saw the implementation of the health insurance exchanges, the Individual Mandate, and a host of new rules relating to employer-provided health coverage. 2015 marks the start of yet…more

Affordable Care Act, Employer Group Health Plans, Employer Mandates, ERISA, Full-Time Employees

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The EEOC Goes Electronic: FAQs On EEOC's New Electronic Pilot Program

The Equal Employment Opportunity Commission (EEOC) recently rolled out a pilot program to electronically notify employers of new Charges filed against them. Instead of mailing the Notice of Charge of Discrimination form through…more

ACT Digital, Discrimination, EEOC, Electronic Communications, Employer Liability Issues

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Healthcare Provider Obligations For Individuals With Limited English Proficiency

This summer I wrote about the dangers of English-only policies in this age of multiculturalism. These policies tend to emerge more frequently in the healthcare workplace, the reason being – the provision of quality care is the…more

Affordable Care Act, Civil Rights Act, Covered Entities, Health Care Providers, HHS

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Deadlocked Supreme Court Presents Another Roadblock For President’s Immigration Actions

In a 4-4 decision, the U.S. Supreme Court announced today that it could not reach a majority consensus on President Obama’s Executive Action on immigration. As a result, the Executive Action remains subject to an injunction…more

DACA, DAPA, Employment Authorization Documents (EAD), Executive Orders, I-9

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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

Data Privacy, Donald Trump, Equal Pay, Immigration Reform, NLRB

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Contact

1075 Peachtree Street, NE
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Contact: Kevin L. Sullivan, Chief Marketing Officer

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Areas of Practice
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