Fisher Phillips

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1075 Peachtree Street, NE
Suite 3500
Atlanta, Georgia 30309, United States
Contact: Kevin L. Sullivan, Chief Marketing Officer
Phone: (404) 240-4248
Areas of Practice
  • Immigration Law
  • Labor & Employment Law
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kentucky
  • Louisiana
  • Maine
  • Massachusetts
  • Missouri
  • Nevada
  • New Jersey
  • North Carolina
  • Ohio
  • Oregon
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
Number of Attorneys
100+ Attorneys

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court Precedent Will Benefit Employers

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety…more

ALJ, Appeals, Citations, Construction Industry, Construction Project

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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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The Ongoing Pay Statement War: Employers Continue To Battle The Dark Side Of The Force

California leads the nation in micromanaging pay statements, including (but not limited to) exposing an employer’s officers or agents who intentionally violate the law to criminal prosecution and fines up to $1,000. The…more

Attorney's Fees, Delta Airlines, Employer Liability Issues, Flight Crews, Labor Code

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North Carolina’s Bathroom Law Gets Flushed: What Employers Need To Know

Last week, North Carolina’s controversial “bathroom law” was repealed – but not without further controversy. When Governor Roy Cooper signed legislation repealing the law on March 29, 2017, many were upset that the law was…more

Corporate Counsel, Gender Discrimination, Gender Identity, Governor Cooper, LGBT

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California Court Confirms Healthcare Meal Waivers Have Always Been Valid

In a somewhat unusual ruling last week, a California Court of Appeal announced that its previous February 2015 decision in the case of Gerard v. Orange Coast Memorial Medical Center, which partially invalidated healthcare meal…more

Appeals, Health Care Providers, Home Healthcare Workers, Hospitals, Labor Code

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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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Let's Go Phishing!

Emails, lots and lots of emails, filling our inboxes. Even with the best security and filters, it seems that hackers are simply building better mousetraps. The bigger problem, however, is the trusting nature of individuals who…more

Cyber Crimes, Cybersecurity, Email, Email Policies, Employee Training

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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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Uber and Lyft to Return to Austin, Texas?

One year after Uber and Lyft terminated operations in Austin, Texas, the ride-sharing platforms may be ready to return. The issue stems from a City of Austin ordinance that requires all “transportation network companies” (TNCs)…more

Background Checks, Drivers, Driving Records, Independent Contractors, Lyft

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April 2017: The 13 Biggest Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month that…more

Computer Programmers, Corporate Counsel, Drivers, EEOC, Facebook

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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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Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For Offshore Workers

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine Service,…more

Appeals, Collective Actions, Dismissals, Exemptions, FLSA

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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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May 2017: The Top 10 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with a…more

Affordable Care Act, American Health Care Act (AHCA), Class Action Arbitration Waivers, Day of Rest Laws, E-Verify

See all updates »

100-Day Recap: Workplace Law Under President Trump, So Far

New presidents are often judged based on their accomplishments in their first 100 days in office. President Trump is no exception to that rule. The Trump administration recently passed that milestone date, offering an…more

Affirmative Action, Blacklist, Buy American Act, Data Security, Domestic Hiring Policy

See all updates »

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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May 2017: The Top 10 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with a…more

Affordable Care Act, American Health Care Act (AHCA), Class Action Arbitration Waivers, Day of Rest Laws, E-Verify

See all updates »

Don’t Be Unprepared For Student-On-Student Sexual Assault Allegations

Many are aware of the alarming rise in the number of student sexual assaults on college campuses across the country. The May 2015 issue of JAMA Pediatrics reported that one in five women will be the victim of a sexual assault…more

Code of Conduct, Colleges, Investigations, OCR, Policies and Procedures

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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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Valet Driver's FLSA Tip Claim Fails

In a welcome decision for employers, the Eleventh Circuit U.S. Court of Appeals (having jurisdiction over Alabama, Florida, and Georgia) recently ruled that a tipped employee for whom no federal Fair Labor Standards Act "tip…more

Appeals, Corporate Counsel, Dismissals, DOL, Drivers

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Q: Could You Be Dragged Into Court For A Company Data Breach? A: It Depends

This same time last year, many in the business community were eagerly anticipating the U.S. Supreme Court’s ruling in Spokeo, Inc. v. Robins, which was to decide the standard that should be applied to determine whether…more

Actual Injuries, Article III, Cyber Insurance, Cybersecurity, Data Breach

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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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Will Workplaces Be Going Off The Rails On The Blockchain?

What if I told you that technology with internet-like potential will soon lead to a seismic revolution in our society, including the workplace? That you could greatly streamline your hiring process, eliminate misclassification…more

Authentication, Blockchain, Collective Bargaining Agreements (CBA), Employment Contract, General Data Protection Regulation (GDPR)

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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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April 2017: The 13 Biggest Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month that…more

Computer Programmers, Corporate Counsel, Drivers, EEOC, Facebook

See all updates »

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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Some States Forge Ahead On Salary Thresholds

Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white collar"…more

DOL, FLSA, Minimum Salary, Minimum Wage, Over-Time

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Privacy and Information Security a Top Priority in California under Xavier Becerra

Governor Jerry Brown’s selection of Congressman Xavier Becerra to succeed (now Senator) Kamala Harris as the new Attorney General of California was a surprising move that brings into power in California a seasoned advocate of…more

Attorney Generals, Data Breach, Governor Brown, Jerry Brown, Patient Privacy Rights

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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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Choice-of-Law and Choice-of-Forum May Depend on the Choice of Where to File and When: Multi-State Employers Continue to Face Challenges When Enforcing Restrictive Covenants Across State Lines

Employers who operate in a multi-state environment should take note of a recent case out of the Sixth Circuit (which governs employers that operate in Kentucky, Michigan, Ohio, and Tennessee.) Stone Surgical, LLC v. Stryker…more

Appeals, Breach of Contract, Breach of Duty, Choice-of-Law, Employer Liability Issues

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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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100-Day Recap: Workplace Law Under President Trump, So Far

New presidents are often judged based on their accomplishments in their first 100 days in office. President Trump is no exception to that rule. The Trump administration recently passed that milestone date, offering an…more

Affirmative Action, Blacklist, Buy American Act, Data Security, Domestic Hiring Policy

See all updates »

Different Path, Same Result: 9th Circuit Becomes Latest Appeals Court To Reject Trump’s Travel Ban

Several weeks ago, the 4th Circuit Court of Appeals upheld an injunction that blocks President Trump’s second executive order attempting to institute a travel ban against those arriving from several specific Muslim countries…more

Establishment Clause, Executive Orders, Immigration and Nationality Act, Lack of Authority, Muslims

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Labor Board Finds Nothing Special About Burger Chain’s Uniforms - What Employers Need To Know About Latest Uniform Policy Decision

The National Labor Relations Board recently ruled that In-N-Out Burger’s uniform policy, which forbids employees from wearing buttons, pins, or stickers on their uniforms, violated Section 8(a)(1) of the National Labor Relations…more

NLRA, NLRB, Section 8(a), Uniforms, Unions

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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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The Battle Over Paid Sick Leave – Pittsburgh’s Paid Sick Leave Law Suffers Another Blow – Is Philadelphia Next?

There have been many recent, important developments in the area of paid sick leave in Pennsylvania. Recently, the Commonwealth Court of Pennsylvania (the “Appeals Court”) affirmed the Court of Common Pleas of Allegheny County’s…more

Accrual Requirements, Local Ordinance, Notice Requirements, Paid Leave, Recordkeeping Requirements

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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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Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of care…more

Appeals, Construction Industry, Contract Terms, Dismissals, Duty of Care

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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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Is It Time To Recall Some Of Your HR Policies?

Factory recalls have become a fact of life for those who sell and drive vehicles. The scenarios have a common theme: a vehicle part does not operate as designed or is determined to present a possible risk of failure. Once there…more

ADA, Anti-Harassment Policies, Background Checks, Ban the Box, Criminal Background Checks

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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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May 2017: The Top 10 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with a…more

Affordable Care Act, American Health Care Act (AHCA), Class Action Arbitration Waivers, Day of Rest Laws, E-Verify

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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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Church-Affiliated Employers Get Win As SCOTUS Clarifies ERISA Exemption

In a unanimous 8-0 decision published today, the U.S. Supreme Court (SCOTUS) ruled that employee benefit plans sponsored by church-affiliated organizations will qualify for the “church plan” exemption under the Employee…more

Advocate Health Care v Stapleton, Affiliates, Benefit Plan Sponsors, Church Plans, Churches

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How Does Ohio’s New Gun Law Affect You?

On March 21, 2017, a new gun law goes into effect in Ohio that will expand the rights of concealed carry permit holders, allow active duty members of the armed forces to carry weapons without a concealed carry license under…more

Concealed Carry Permit, Concealed Weapons, Employer No-Weapons Policies, Employment Policies, Gun Laws

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Managing Identity through a Distributed Ledger

In the early days of the Internet, I was not in the technology industry, instead I worked for a business consulting firm focusing on healthcare, telecommunications, nonprofits and government agencies. Our consulting firm…more

Authentication, Blockchain, Digital Data, Identity Protection Services, Technology

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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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Defending Against Social Engineering Attacks

The term “social engineering” used to conjure up images of social scientists with Ph.D’s brainstorming ways to improve race relations or provide lower income groups with greater access to education and employment opportunities…more

CEOs, Cyber Crimes, Email, Employee Training, FCC

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Hot List – What’s Happening in the California Legislature 6/26-6/30

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week..…more

Legislative Agendas, New Legislation, Pending Legislation, Proposed Legislation, State and Local Government

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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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Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

Employers have been using restrictive covenant agreements – contracts that contain non-compete, customer non-solicitation, employee non-solicitation, or non-disclosure of confidential information – with increasing frequency in…more

Confidential Information, Confidentiality Agreements, Contract Terms, Employment Contract, Enforceability

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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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HR 1313 and the Future of Employee Wellness Programs

On March 8, the House’s Education and Workforce Committee passed a bill, HR 1313 – Preserving Employee Wellness Programs Act. The bill, which was introduced by U.S. Rep. Virginia Foxx in order to “reaffirm existing law to allow…more

ADA, EEOC, Employer Group Health Plans, GINA, Proposed Legislation

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Federal Court Decision Approves New Class Of “Surf-By” Lawsuits - Is Your Website Susceptible To ADA Title III Challenges?

A federal court in Florida issued a potentially groundbreaking decision earlier this week that could open the floodgates when it comes to a new trend in litigation filed under Title III of the Americans with Disabilities Act…more

ADA, Brick-and-Mortar Stores, Corporate Counsel, DOJ, Public Accommodation

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Labor Board Finds Nothing Special About Burger Chain’s Uniforms - What Employers Need To Know About Latest Uniform Policy Decision

The National Labor Relations Board recently ruled that In-N-Out Burger’s uniform policy, which forbids employees from wearing buttons, pins, or stickers on their uniforms, violated Section 8(a)(1) of the National Labor Relations…more

NLRA, NLRB, Section 8(a), Uniforms, Unions

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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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The Hazy Truth Regarding Workplace Drug Testing

John has been a good technician throughout his relatively short tenure at your dealership. But today he is a bit careless as he test-drives the customer vehicle he just finished working on. As John returns the car to the…more

Car Dealerships, Decriminalization of Marijuana, Drug Testing, Employment Policies, OSHA

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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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Will SCOTUS Justice Gorsuch Treat Employers Well? The Magic 8-Ball Says: “Signs Point To Yes”

Late yesterday, President Trump selected Judge Neil Gorsuch to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Gorsuch would occupy a critical position on the Court,…more

Judicial Appointments, Neil Gorsuch, SCOTUS, Trump Administration

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Second Time's The Charm? An Employer's Guide To Labor Secretary Nominee Alexander Acosta

After his initial selection of Andrew Puzder was scuttled by staunch opposition from Democrats and worker advocates, President Trump nominated Alexander Acosta to be the country’s next Secretary of Labor. This Cabinet-level…more

DOL, OFCCP, OLMS, OSHA, Political Appointments

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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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Background Checks Are a Good Idea, but Be Careful What You Wish or

Virtually every thoughtful employer wants to hire the very best employees they can find. And why not? Good workers produce better products, provide better service, give maximum effort, learn and adopt the company’s best…more

Background Checks, Employee Privacy Rights, Employer Liability Issues, FCRA, Hiring & Firing

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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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Is Congress Poised To Reform Laws Affecting The Gig Economy?

In recent months, we’ve blogged about New Year’s predictions for the freelance or gig economy in 2017, New Year resolutions, and what the Trump presidency might mean for gig workers in general, (specifically, the President’s…more

Classification, Employee Benefits, Freelance Workers, Gig Economy, Independent Contractors

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Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration…more

American Baptist, Appeals, Arbitration, Confidential Employer Investigations, Confidentiality Agreements

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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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Supreme Court Uses Labor Case To Again Stifle Presidential Power

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a…more

Administrative Appointments, Administrative Hearings, ALJ, Federal Vacancies Reform Act, NLRB

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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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Welcome To The Neighborhood: Hospitals Need To Get To Know Title IX  

Hospital administrators are well aware their institutions are subject to a whole host of workplace-related federal statutes: Title VII of the Civil Rights Act, the Health Insurance Portability and Accountability Act (HIPAA), the…more

Appeals, Employment Discrimination, Hospitals, Medical Residents, Private Right of Action

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EEOC Launches New Five-City Trial For Online Employee Inquiries

The Equal Employment Opportunity Commission (EEOC) has just added a fourth option for employees to initiate charges against their employers – an online portal. On March 13, 2017, the agency announced the Online Inquiry and…more

Complaint Procedures, EEOC, Electronic Communications, Electronic Filing, Employment Discrimination

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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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Everything Old Is New Again: Sharing Economy Companies Start Hiring W-2 Employees Instead Of Contractors

Gig companies – at least some – are discovering the upside to hiring W-2 employees. Wait, what? Well, as it turns out, for some companies that rely on repeat business, there appears to be a potential argument in favor of…more

Gig Economy, Hiring & Firing, Independent Contractors, Misclassification, Sharing Economy

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Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had…more

Corporate Counsel, DOL, FLSA, Independent Contractors, Interpretive Opinions

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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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Workplace Discrimination and Gun Rights: The Confluence of Two Hot Button Issues in Pennsylvania

On January 23, 2017, a noteworthy and interesting bill was introduced in the Pennsylvania General Assembly. House Bill 38, which was introduced and sponsored by fifteen (15) State Representatives, is aimed at expanding the scope…more

Employment Discrimination, Firearms, Guns-in-Trunks Legislation, Human Rights, Legislative Agendas

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The I-9: How Much Trouble Can One Piece Of Paper Cause?

No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with…more

Audits, Employer Liability Issues, Employment Eligibility Verification, Enforcement Actions, Hiring & Firing

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Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required to…more

Appeals, Commission on Human Rights, Damage Caps, Dismissals, Employer Liability Issues

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Appeals Court Refuses To Extend Title VII Coverage To Sexual Orientation

On Friday, the 11th Circuit Court of Appeals declined to extend Title VII’s protections to sexual orientation discrimination, but reinforced that employees may allege sex discrimination claims when they face workplace…more

Appeals, Corporate Counsel, EEOC, Employment Discrimination, Gender Identity

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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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Q: Could You Be Dragged Into Court For A Company Data Breach? A: It Depends

This same time last year, many in the business community were eagerly anticipating the U.S. Supreme Court’s ruling in Spokeo, Inc. v. Robins, which was to decide the standard that should be applied to determine whether…more

Actual Injuries, Article III, Cyber Insurance, Cybersecurity, Data Breach

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Supreme Court Uses Labor Case To Again Stifle Presidential Power

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a…more

Administrative Appointments, Administrative Hearings, ALJ, Federal Vacancies Reform Act, NLRB

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California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay

A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision…more

Appeals, Car Dealerships, IWC, Non-Exempt Employees, Piece-Rate Pay

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Missouri Joins Ranks Of Right-To-Work States

Governor’s Signature Means Missouri Will Become 28th Right-To-Work State - Earlier today, Governor Eric Greitens signed a bill into law that will lead Missouri to join the ranks of states that are governed by…more

AFL-CIO, Collective Bargaining Agreements (CBA), Governor Greitens, New Regulations, Popular

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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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Extreme Vetting for Visa Applicants – Just not for the Countries in the Travel Ban

Subsequent to President Trump’s March 6, 2017 Executive Order Suspending travel to the US of certain nationals and Presidential Memorandum directing the Secretary of State, the Attorney General, and the Secretary of Homeland…more

Consulate, DHS, Executive Orders, Foreign Nationals, Immigration Procedures

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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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Federal Contractors Must Provide Privacy Training - Follow The 5-Step Plan To Ensure Compliance

Effective immediately, federal contractors will need to comply with privacy training rules intended to ensure that their workforces protect personally identifiable information. As of January 19, 2017, federal contractors will…more

Department of Defense (DOD), Employer Mandates, Federal Contractors, General Services Administration (GSA), NASA

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2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay…more

Achieve Pay Equity Act (APEA), Appeals, Corporate Counsel, Discrimination, Employer Liability Issues

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“Pre-Shift” Does Not Mean “Before-Shift”: Are Your Pre-Shift Meetings Violating The FLSA?

The popular workplace practice of holding a “pre-shift” meeting to set the tone of the workday and communicate important announcements can be very beneficial and may even boost workplace morale. But don’t be fooled by this…more

De Minimis Claims, Employer Liability Issues, FLSA, Non-Exempt Employees, Pre-Shift Meetings

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Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required to…more

Appeals, Commission on Human Rights, Damage Caps, Dismissals, Employer Liability Issues

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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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The Future Is Now: Robots And Artificial Intelligence In The Workplace

While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the…more

Artificial Intelligence, Data Breach, Data Collection, Data Security, Hiring & Firing

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Enjoy The Ride! Texas Ride-Sharing Businesses Can Now Escape Misclassification Battles

Texas Governor Greg Abbott just signed into law a measure that will regulate ride-sharing companies (H.B. 100) by establishing a consistent statewide framework to govern such businesses. The good news for ride-sharing…more

Gig Economy, Governor Abbott, Independent Contractors, Lyft, Misclassification

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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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Uber Court Victory A Win For Sharing Economy Companies Everywhere

A California court quietly granted ride-sharing giant Uber a significant victory last week in the ongoing misclassification battle over whether its drivers are properly classified as independent contractors. Although this ruling…more

Arbitration, Arbitration Agreements, Class Action, Employer Liability Issues, Independent Contractors

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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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Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of care…more

Appeals, Construction Industry, Contract Terms, Dismissals, Duty of Care

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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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Choice-of-Law and Choice-of-Forum May Depend on the Choice of Where to File and When: Multi-State Employers Continue to Face Challenges When Enforcing Restrictive Covenants Across State Lines

Employers who operate in a multi-state environment should take note of a recent case out of the Sixth Circuit (which governs employers that operate in Kentucky, Michigan, Ohio, and Tennessee.) Stone Surgical, LLC v. Stryker…more

Appeals, Breach of Contract, Breach of Duty, Choice-of-Law, Employer Liability Issues

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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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Labor Board Finds Employer Guilty Of “Textual Harassment” - Manager’s Text Message During Union Campaign Deemed Unlawful Interrogation

In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message to…more

ALJ, Corporate Counsel, Employer Liability Issues, Hiring & Firing, Interrogations

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WEB EXCLUSIVE: The Changing Face Of Discrimination

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does…more

Civil Rights Act, EEOC, Employee Handbooks, Employee Training, Employer Liability Issues

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May the 4th Be With You: Philadelphia’s Wage Equity Saga Continues

It is only fitting that, on this day, May the 4th, which has become known colloquially as Star Wars Day, we bring you this update on Philadelphia’s Wage Equity Ordinance saga which could send significant ripples throughout the…more

Chamber of Commerce, Free Speech, Local Ordinance, Motion to Dismiss, Preemption

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Joint Employment Jolt: Federal Appeals Court Creates New And Troubling Standard

In a pair of sure-to-be controversial decisions, the 4th Circuit Court of Appeals created a new and troubling standard to determine whether individuals should be considered “joint employees” of multiple entities. The new…more

Appeals, Corporate Counsel, DirecTV, FLSA, Joint Employers

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Church-Affiliated Employers Get Win As SCOTUS Clarifies ERISA Exemption

In a unanimous 8-0 decision published today, the U.S. Supreme Court (SCOTUS) ruled that employee benefit plans sponsored by church-affiliated organizations will qualify for the “church plan” exemption under the Employee…more

Advocate Health Care v Stapleton, Affiliates, Benefit Plan Sponsors, Church Plans, Churches

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Can “Perceived Alcoholics” Bring Workplace Claims In NYC? Stay Tuned For Answer  

Can a worker bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism? We’ll soon find out, as the U.S. Court of Appeals for the 2nd Circuit has certified the question…more

ADA, Appeals, Disability, Disability Discrimination, Drug & Alcohol Abuse

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Are We Ever Going to Get OSHA Guidance from the Trump Administration?

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica…more

Employer Liability Issues, OSH Act, OSHA, Penalties, Popular

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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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April 2017: The 13 Biggest Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month that…more

Computer Programmers, Corporate Counsel, Drivers, EEOC, Facebook

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The Law On Demand

The on demand economy is now far more expansive than transportation or food delivery. In fact, lawyers now make up a growing aspect of this market as an increasing number make themselves available as “contract attorneys” hired…more

Contract Attorneys, Flexible Work Arrangements, Gig Economy

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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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Next Crack In The Wall: NY Uber Drivers Held To Be Employees

Back in October, we reported that there appeared to be the first crack in the wall when it came to classifying Uber drivers as employees instead of independent contractors. At that time, it was reported that the New York State…more

Corporate Counsel, DOL, Employee Benefits, Employee Definition, Employees

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Supreme Court Blocks Plaintiffs From Taking Shortcuts In Class Action Cases

The Supreme Court unanimously held today that plaintiffs cannot immediately appeal a federal court’s denial of class certification when the named plaintiffs voluntarily dismiss their claims following the denial of class…more

Class Action, Class Certification, Corporate Counsel, Dismissal With Prejudice, Interlocutory Appeals

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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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Federal Court Decision Approves New Class Of “Surf-By” Lawsuits - Is Your Website Susceptible To ADA Title III Challenges?

A federal court in Florida issued a potentially groundbreaking decision earlier this week that could open the floodgates when it comes to a new trend in litigation filed under Title III of the Americans with Disabilities Act…more

ADA, Brick-and-Mortar Stores, Corporate Counsel, DOJ, Public Accommodation

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Will Austin Come Crawling Back To Uber And Lyft?

The sharing economy has become so entrenched in our vocabulary and culture, it’s hard to remember when exactly the romance began. For Uber, the story started on a “snowy Paris evening in 2008” when two tech dudes had trouble…more

Criminal Background Checks, Local Ordinance, Lyft, Ridesharing, Sharing Economy

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NYC’s “Freelance Isn’t Free Act” Might End Up Impacting Businesses Across the Country

Many workers are leaving the comfort and stability of traditional 9 to 5 jobs in favor of more flexible options. This paradigm shift may be new to the general public, but it certainly does not appear to be a passing fad. In…more

Employer Liability Issues, Flexible Work Arrangements, Freelance Isn't Free Act (FIFA), Freelance Workers, Gig Economy

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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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April 2017: The 13 Biggest Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month that…more

Computer Programmers, Corporate Counsel, Drivers, EEOC, Facebook

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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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May 2017: The Top 10 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with a…more

Affordable Care Act, American Health Care Act (AHCA), Class Action Arbitration Waivers, Day of Rest Laws, E-Verify

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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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Transforming Education – The DeVos Factor

Now that debates have faded over the definition of student performance and whether guns in schools are necessary to protect against grizzly bears, everyone is settling into the reality that Betsy DeVos now leads our nation’s…more

Charter Schools, Colleges, Free Appropriate Public Education (FAPE), IDEA, Private Schools

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Super Bowl Commercial Highlights Pay Equity

Many people watch the Super Bowl for the game. Others watch for the commercials. And perhaps even more watch for both. In years past, it would not have been uncommon for people to spend the Monday after the Super Bowl at the…more

Audi, EEO-1, Pay Equity Laws, Pay Gap, Super Bowl

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Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For Offshore Workers

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine Service,…more

Appeals, Collective Actions, Dismissals, Exemptions, FLSA

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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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Will SCOTUS Justice Gorsuch Treat Employers Well? The Magic 8-Ball Says: “Signs Point To Yes”

Late yesterday, President Trump selected Judge Neil Gorsuch to fill the vacant seat on the Supreme Court (SCOTUS) bench. Assuming he is confirmed by the Senate, Justice Gorsuch would occupy a critical position on the Court,…more

Judicial Appointments, Neil Gorsuch, SCOTUS, Trump Administration

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President’s FY 2018 Budget Plan Requests $15 Million to Support Future Implementation of Mandatory Nationwide Use of E-Verify

On March 17, 2017, the Office of Management and Budget (OMB) published the first installment of the Trump Administration’s FY 2018 Budget plan: “America First: A Budget Blueprint to Make America Great Again.” The Budget…more

Border Security, DHS, E-Verify, Employment Eligibility Verification, Federal Budget

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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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April 2017: The 13 Biggest Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month that…more

Computer Programmers, Corporate Counsel, Drivers, EEOC, Facebook

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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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May 2017: The Top 10 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. May 2017 was no different, with a…more

Affordable Care Act, American Health Care Act (AHCA), Class Action Arbitration Waivers, Day of Rest Laws, E-Verify

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April 2017: The 13 Biggest Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month that…more

Computer Programmers, Corporate Counsel, Drivers, EEOC, Facebook

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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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