Fisher & Phillips LLP

1075 Peachtree Street, NE Suite 3500
Atlanta, Georgia 30309, United States

Contact: Kevin L. Sullivan

  • (404) 240-4248

E-Cigarettes Light Up Controversy Among Employers

First marketed internationally in 2002, battery-powered e-cigarettes are exploding stateside and may soon shake up many employers who need to decide whether or not to allow e-cigarettes in the workplace. Sales in the United…more

CDC, E-Cigarettes, Employment Policies

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Hospitality Update, No. 1, March 2013: Unions Want Fast Food – Now!

With union membership rates at their lowest level since the National Labor Relations Act (NLRA) was enacted in 1935, organized labor is desperately seeking to attract new members, even if that means targeting new industries that…more

Fast-Food Industry, NLRA, NLRB, Protected Concerted Activity, Retailers

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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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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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Love (And Litigation) Is In The Air

June is traditionally a popular month for weddings. This June will some of your employees be celebrating the fact that they’ve found romance at the office? Love may be a wonderful thing, but in the workplace, it can put your…more

Employer Liability Issues, Harassment, Love Contracts, Sexual Harassment

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Keep Your (Employees) Cool This Summer

Last year, some parts of the country experienced the hottest summer on record. This year may well be record breaking as well, at least in some parts of the country. Keeping employees safe and cool during the next four months…more

Employer Liability Issues, Workplace Safety

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Antisocial Media - Union Not Liable For Threatening Facebook Posts

Imagine if you will, that a company-sponsored website allows employees to post comments. During the course of a union strike, an employee who chooses to cross the picket line posts a comment threatening to kill union members…more

ALJ, Communications Decency Act, Employer Liability Issues, Facebook, NLRB

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New California Law Entitles Employees To Paid Sick Leave

On September 10, 2014, Gov. Jerry Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014.” This law will require California employers to grant employees, including some part-time and temporary employees, at…more

Employee Rights, Employer Liability Issues, New Legislation, Paid Leave, Sick Leave

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Can A GPS Result In TMI?

The answer is “yes” – tracking employees by using Global Positioning Systems (GPS) can give an employer too much information (TMI). Surreptitious Surveillance In 2012, the U.S. Supreme Court held (in the case of U.S. v…more

Cars, Company Cars, DOL, Fourth Amendment, GPS

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Executive Order Protects Federal Contractor LGBT Workers

Yesterday President Obama issued an Executive Order extending antidiscrimination protection on the basis of sexual orientation and gender identity, as well as including these categories in affirmative action requirements…more

Barack Obama, Discrimination, Employer Liability Issues, Executive Orders, Federal Contractors

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Supreme Court Strikes Down NLRB Recess Appointments

Dealing the agency its second major setback on the legitimacy of its quorum, the Supreme Court has invalidated a trio of recess appointments made to the NLRB back in January of 2012. Moments ago, the Court handed down its…more

Canning v NLRB, NLRA, NLRB, Recess Appointments, SCOTUS

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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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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 "Per Diem" Claims On The Rise

A recent U.S. Labor Department press release highlights a growing area of scrutiny under the federal Fair Labor Standards Act: Paying "per diem" amounts to non-exempt employees…more

DOL, Employer Liability Issues, Enforcement, Enforcement Actions, FLSA

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Connecticut Governor Vetoes Non-Compete Bill

Last month, the Connecticut state legislature passed a bill that would have regulated the use of noncompete agreements…more

Dannel Malloy, Legislative Vetoes, Non-Compete Agreements, Restrictive Covenants

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Who's On Your Campus? Have You Checked The Sex-Offender List Lately?

An administrator’s nightmare is receiving a phone call that an individual on the sex offender’s list has harmed a child within the school. To avoid this horrible situation, schools now regularly check the criminal backgrounds…more

Criminal Background Checks, Employer Liability Issues, Hiring & Firing, Public Schools, Sex Offender Registry

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Why Your Company Needs A Handbook

The days of believing that a handbook can cause more harm than good are long gone. In today’s business environment, a handbook serves both as a sword to carve out your legal rights as well as a shield to protect them…more

Corporate Counsel, Employee Handbooks, Employer Liability Issues, Employment Policies

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Flag On The Play: Will Unions Change the Game of College Sports?

In a historic move, members of the Northwestern University football team recently took initial steps to form a union and seek collective-bargaining rights with the university. Shortly thereafter, the team filed a petition with…more

College Athletes, NLRB, Unions

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Basics Of Employment Law In Italy: Part III

This article is the third in a series which provides a brief overview of the some of the key elements of employment law in Italy. This article will cover terminations, including a summary of the sources of law governing…more

Employee Rights, EU, Hiring & Firing, International Labor Laws, Termination

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The Alternative-Workweek: Oasis Or Mirage?

California employers are acutely aware of the typical schedule worked by employees: eight hours a day, five days a week. As we have become accustomed to doing, California law generally requires employers to pay employees…more

Employee Rights, Flexible Work Arrangements, Over-Time

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Labor Letter, June 2013: Love Is In The Air…

Nora Roberts said “Love and magic have a great deal in common. They enrich the soul, delight the heart. And they both take practice.” Love and the workplace, however, well, that is a different ball game…more

Workplace Romances

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Labor Letter, October 2013: Variety Is The Spice Of The Court: A Preview of the 2013-14 Supreme Court Term

The upcoming Supreme Court term promises a series of significant decisions for employers. No less than seven cases (and potentially two more pending petitions) will have at least some impact on all employers this year. The…more

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How The Windsor Decision Applies To Retirement Plans

The Internal Revenue Service recently furnished employers with welcome guidance concerning coverage of same-sex spouses in qualified plans. In a new Notice, the Service discusses how qualified arrangements such as 401(k)…more

401k, DOMA, Retirement Plan, Same-Sex Marriage, SCOTUS

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OSHA Announces Final Rule On Recording Requirements

On September 11, 2014, OSHA released its final rule for Occupational Injury and Illness Recording and Reporting Requirements. The rule, which takes effect on January 1, 2015, makes two important changes that tighten OSHA’s…more

Bodily Injury, Compliance, Employer Liability Issues, OSHA, Recording Requirements

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Better Check The Brakes

The previous month’s sales numbers are final and Jane’s sales are abysmal…again. You’ve had enough and decide to fire her. You call HR to get the paperwork started. Your HR manager tells you that Jane has just left her office…more

Adverse Employment Action, Discrimination, Employer Liability Issues, Harassment, Hiring & Firing

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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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Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.

The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and…more

Discrimination, Paula Deen, Racial Discrimination, Slurs

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Work A Full Eight Hours? That's Not In My Job Description!

According to the EEOC, healthcare employers are disproportionately represented in the ranks of those sued for violations of the Americans with Disabilities Act (ADA). Baptist Health South Florida, Inc. recently became one of…more

ADA, Disability, Disability Discrimination, EEOC, Healthcare Professionals

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Turkish Wage and Hour Law Shares Many Complexities With Its American Counterpart

Wage and hour law in Turkey is deceptively complex despite its seemingly simple premise, just as its American counterpart. Indeed, many of the same issues American employers wrangle with relative to laws and regulations…more

EU, Minimum Wage, Unpaid Overtime, Wage and Hour

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Labor Letter - April 2013: Curbing Abuse Of "Intermittent" FMLA Leave

The Family Medical Leave Act (FMLA) allows employees to take 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. The leave can be taken in one block,…more

FMLA, FMLA Abuse, FMLA Certification Forms, Medical Leave

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"You Can't Fire Me For That – I Was Off Duty!"

Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an…more

Employee Rights, Employer Liability Issues, Firearms, Hiring & Firing, Medical Marijuana

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Domestic Violence Leave Becomes Law in Massachusetts

Massachusetts Governor Deval Patrick signed into law An Act Relative to Domestic Violence on August 8, 2014.This far-reaching law, which institutes reforms throughout the criminal justice system, mandates that all public and…more

Crime Victims, Domestic Violence, Paid Leave, Unpaid Leave

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Blurring The Line Between Yours And Mine: Best Practices For Bring Your Own Device Policies

Let’s face it: bring-your-own-device (BYOD) situations are here to stay. With the ubiquity of employees having and using smartphones and tablets – devices that have more capacity and processing power than desktop computers from…more

Best Management Practices, Bring Your Own Device, Confidential Information, Data Protection, Employer Liability Issues

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Summer Hires

This summer it’s expected that temporary workers will fill roughly 10,000 summer jobs, many of which will be in the hospitality industry. Before filling any of your seasonal positions, it’s worth reviewing a few cautionary…more

E-Verify, Employee Rights, Employer Liability Issues, FLSA, I-9

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Illinois Embraces "Ban The Box"

On July 19, 2014, Illinois joined a growing number of states prohibiting employers from asking about applicants’ criminal histories early in the hiring process…more

Ban the Box, Criminal Background Checks, Job Applicants

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Are Your Beneficiary Designations Heir Tight?

An often-neglected area in the world of benefit plan administration is the beneficiary designation form. Many participants complete their beneficiary designations incorrectly because they don’t read the instructions carefully or…more

Beneficiaries, Beneficiary Designations, Benefit Plan Sponsors, Employee Benefits

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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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Massachusetts Governor Wants to Ban Non-Compete Agreements and Enact the Uniform Trade Secrets Act

Massachusetts Governor, Deval Patrick, recently announced a bill—An Act to Promote Growth and Opportunity—that would provide workforce training opportunities and promote economic development incentives across the Commonwealth…more

Confidentiality Agreements, Economic Development, Hiring & Firing, Incentives, Independent Contractors

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Can You Link Insurance Premiums To Smoking?

Rocked by soaring costs, including skyrocketing increases in health insurance premiums, employers are desperate to manage, and hopefully limit, whatever costs they can. Many employers have begun to look to the lifestyle choices…more

ADA, Health Insurance, HIPAA, Premiums

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Labor Letter, September 2013: Supreme Court Tightens Standard In Retaliation Cases

As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the…more

Civil Rights Act, Discrimination, EEOC, Harassment, Racial Discrimination

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California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place…more

After-Acquired Evidence, Discrimination, Employer Liability Issues, Employment Authorization Document, Hiring & Firing

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Healthcare Reform Watch List: Top Five Concerns for Healthcare Industry HR Departments

Keeping up with healthcare reform regulations is a challenge for all employers, but healthcare providers may face unique burdens. Here are the top five issues human resources professionals should keep on their radar as…more

Affordable Care Act, Anti-Discrimination Policies, Automatic Enrollment, Employee Benefits, Employer Mandates

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Federal Trade Secret Legislation Proposal Gains New Life

The prospects for federal trade secret legislation has heated up again as there appears to be bipartisan support for a new bill. After failing in previous years, Senator Coons (D) recently joined forces with Senator Hatch (R) to…more

Corporate Counsel, Employment Policies, Federal Jurisdiction, Legislative Agendas, New Legislation

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Medical Device Industry Remains a Hotbed for NonCompete Litigation

A recent opinion stemming from a lawsuit between two competitors in the medical device industry reminds us of the old adage “be careful what you wish for.” In Howmedica Osteonics Corp. v. Zimmer, Inc., the plaintiff seemed to…more

Bonds, Medical Devices, Non-Compete Agreements, Preliminary Injunctions, Restrictive Covenants

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When Coaches Can't Compete -- Non-Competes in Sports

In the lucrative world of big time college football, universities continually try to gain an edge over the competition by, among other things, luring top notch coaches with generous multi-million dollar contracts. One such…more

Athletes, Coaches, Non-Compete Agreements, Sports

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Texting For Business On Personal Cell Phones

In the last few years, many industries and companies have been coming to grips with the problems posed by employees using their personal phones, tablets, or laptops for business uses. The recognition of the need to develop…more

Bring Your Own Device, Cell Phones, Data Protection, Employer Liability Issues, Mobile Devices

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Supreme Court Strikes Down Mandatory Union "Fair Share" Deductions For Public Sector Employees

Today, in a 5 to 4 decision, the U.S. Supreme Court declined to extend its previous holdings regarding “fair-share” fees (fees that an employee who refuses to join a union is required to pay in lieu of union dues) to caretakers…more

Collective Bargaining, First Amendment, Harris v Quinn, Healthcare, Medicaid

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Severance Agreements: The New Lightning Rod

Remember 2010? Not that long ago, yet as of that year, employers could rest pretty comfortably at night knowing that their garden-variety workplace rules would instill peace and control at the plant, store, or office, not…more

Corporate Counsel, Employer Liability Issues, Hiring & Firing, Severance Agreements, Severance Pay

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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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Court Denies Extraterritorial Application of the Dodd-Frank Act's Whistleblowing Provisions

On August 14, 2014, in Liu Meng-Lin v. Siemens AG, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that the whistleblowing provision of the 2010 Dodd-Frank Wall Street Reform and…more

Dodd-Frank, Extraterritoriality Rules, Foreign Corporations, Popular, Siemens

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Impact of the 'Students First' Decision on Non-Teacher Employees of School Districts

Judge Rolf Treu’s decision in the Students First case is effectively an indictment of the termination process of all California public school employees, not just teachers…more

Equal Protection, Public Schools, School Districts, SCOTUS, Seniority

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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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Labor Letter, December 2013: State of the Unions: New Tactics Target Unorganized Workers

If you've been following the news, you probably realize that it has been a busy year for organized labor. The percentage of unionized workers in the private sector has fallen to historic lows, leaving unions with fewer…more

AFL-CIO, Employer Liability Issues, NLRB, SEIU, Social Media

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The Alternative-Workweek: Oasis Or Mirage?

California employers are acutely aware of the typical schedule worked by employees: eight hours a day, five days a week. As we have become accustomed to doing, California law generally requires employers to pay employees…more

Employee Rights, Flexible Work Arrangements, Over-Time

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Independent Contractors for Global Organizations

As the global market grows seemingly smaller, more and more companies are expanding their reach around the world. Some companies send U.S. employees overseas, while others hire locally, or even utilize local independent…more

Contractors, Employee Rights, Independent Contractors, International Labor Laws

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OSHA Announces Final Rule On Recording Requirements

On September 11, 2014, OSHA released its final rule for Occupational Injury and Illness Recording and Reporting Requirements. The rule, which takes effect on January 1, 2015, makes two important changes that tighten OSHA’s…more

Bodily Injury, Compliance, Employer Liability Issues, OSHA, Recording Requirements

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Fifth Circuit Delivers Crippling Blow to Controversial NLRB Class Action Waiver Theory

Arbitration is generally supposed to be faster, cheaper, and more predictable than litigation. Homebuilder D.R. Horton, like many other employers, certainly believed this when, in 2006, it began requiring employees to sign…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Contract Drafting, D.R. Horton v NLRB

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Healthcare Update, No. 4, November 2013: Facebook: The New Water Cooler – Not The New Vegas

As of June 2013, Facebook, the reigning social-media giant, had 1.15 billion monthly active users who spent an average of 8.3 hours a month on Facebook. During roughly the same period of time, Facebook users "liked" a Facebook…more

Discipline, Facebook, Healthcare, Human Resources Professionals, Managers

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Healthcare Update, No. 4, November 2013: 'Tis The Season: Employers And The Flu

This flu season may be one of the worst in years, but the experts at the Centers for Disease Control and Prevention (CDC) cannot monitor its severity and scope because of the federal government shutdown. Unofficial flu trackers…more

CDC, EEOC, Flu Shot Rule, Government Shutdown, Vaccinations

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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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The New Union-Organizing Tool - Embarrassment

Unions and other third parties have never before so heavily used public embarrassment as a means of organizing employees. The key to union organizing is to find a disgruntled employee who will serve as a leader and capitalize on…more

DOL, Hyatt, NLRB, OSHA, Trucking Industry

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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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Labor Letter, July 2013: Updated Psychiatric Manual May Pose New Challenges for Employers

Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as a…more

Age Discrimination, American Psychiatric Association, Compliance, Discrimination, Employee Benefits

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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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Labor Letter, March 2013: NLRB Requires Non-Union Member To Pay For Lobbying Fees

Lobbying Took Place In A Neighboring State’s Legislature - The National Labor Relations Board recently held that United Nurses and Allied Professionals (UNAP) did not violate the National Labor Relations Act (NLRA) by…more

Duty of Fair Representation, Lobbying, NLRA, NLRB, Recess Appointments

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Don't Fear The Future: Using Instagram As A Recruiting Tool

By now, most employers recognize that they shouldn’t peek at the social-media profiles of applicants for all sorts of reasons. It’s sort of like driving past an applicant’s house hoping that you can catch a glimpse of their…more

Corporate Counsel, Social Networks

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Labor Letter, October 2013: Variety Is The Spice Of The Court: A Preview of the 2013-14 Supreme Court Term

The upcoming Supreme Court term promises a series of significant decisions for employers. No less than seven cases (and potentially two more pending petitions) will have at least some impact on all employers this year. The…more

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New Jersey Bans the Box: Rules About Learning the Criminal Histories of Jobs Applicants Are Changing

New Jersey employers with 15 or more employees will be prohibited from inquiring into a job applicant’s criminal history in the initial employment application beginning on March 1, 2015. New Jersey is the latest state to join a…more

Ban the Box, Criminal Background Checks, Employee Rights, Job Applicants

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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, December 2012: Top Ten Ways To Hold A Company Party – Without Getting Sued

With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties where alcohol will be served. They generally want to know about the risk involved if an employee drinks too much at the…more

Employer Liability Issues, Holiday Parties

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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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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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How The ADA Impacts Your Hiring

Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees,…more

ADA, Disability, Disability Discrimination, Employer Liability Issues, Hiring & Firing

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Transgender Issues Highlight Tensions Between Students' Rights To Liberty And Privacy

In the wake of controversy over school vouchers, fights over appropriate curriculum, and the endless battles to decide whether school funding is adequate, the nation’s public and private schools certainly have their share of…more

Discrimination, Students, Transgender

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Education Update, No. 4, October 2013: Big Little Man On Campus: Protecting Minors At Colleges And Universities

Hazing, underage drinking, and campus noise violations. These are all issues that most colleges and universities are very familiar with. Policies, procedures, and response protocols have been developed, tried, and tested with…more

Administrative Hearings, Colleges, Hazing, Human Resources Professionals, Independent Contractors

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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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Hospitality Update, No. 1, March 2013: "And By The Way, Are You A Criminal?"

Getting the answers, without violating the new EEOC guidelines - According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background…more

Background Checks, Credit History, Discrimination, EEOC, Hiring & Firing

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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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President, OFCCP Set New Employment Rules For Federal Contractors

While chastising Congress as “doing nothing,” the executive and administrative branches of the federal government were busy making new employment rules for federal contractors and subcontractors. This summer, President…more

Contractors, Employee Rights, Federal Contractors, OFCCP, Subcontractors

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Dealership Handbooks Are Being Picked Apart

Whether your dealership is unionized or you’ve never had to deal with organized labor, your employment policies are more likely now than ever to be targeted by the National Labor Relations Board (NLRB). Over the past two years,…more

Car Dealerships, Employee Handbooks, NLRA, NLRB, Unions

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Happy 2014 – Gear Up For New Wage And Hour Laws

As the new year begins, California employers, already weary from added wage and hour laws and regulations enacted over the past several years, have yet more to comply with. Here are the highlights…more

Compliance, Employee Rights, Employer Liability Issues, Minimum Wage, Rest and Meal Break

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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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The EEOC's Focus On Religious Accommodations

Religious accommodation claims are on the EEOC’s radar screen. This means that offering religious accommodations to employees and applicants must be on your radar screen as well. …more

Compliance, EEOC, Employer Liability Issues, Reasonable Accommodation, Religion

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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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5 Attributes of a Successful Non-Compete Agreement

Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back…more

Employment Contract, Hiring & Firing, Legal Perspectives, Non-Compete Agreements, Popular

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Preparing The Boss For Media Interviews

Smart executives and business owners know that a good public-relations program can build a brand and burnish a reputation. Good PR costs less than advertising and lends credibility to your organization, products, and services…more

Public Relations, Reputation Management, Young Lawyers

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Labor Letter, May 2013: The NLRB's Quorum Quandary

The ongoing saga over composition of the National Labor Relations Board took several twists last month, and uncertainty continues to swirl around the agency’s authority to do business. As of today, the Board consists of…more

NLRB, Nominations, Quorum

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Touted Developments Contradict Rationales For Minimum-Wage Increase (Updated 09 14 14)

A White House report has extoled wage-rate increases by "state legislatures and governors; mayors, county executives and city councils; and business leaders" as supposedly being compelling reasons to raise the federal Fair Labor…more

DOL, FLSA, Minimum Wage, Obama Administration, Wages

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H-3 Visa – Training in the U.S. to Further a Career at Home

Training in the U.S. may be required to prepare a foreign national for a new position or a new career in his or her home country. The H-3 Trainee visa category may be the perfect option for the foreign national to gain the…more

H-3, Training, USCIS, Visas

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Are Further Increases In California Minimum Wage Laws On The Horizon?

Existing law requires that California’s minimum wage for all industries be no less than $9 per hour effective July 1, 2014 and $10 per hour effective January 1, 2016. Even before the second-tier increase goes into effect, new…more

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

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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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Healthcare Update, No. 4, November 2013: What's An "Individualized Analysis" – And Why Should I Care?

The Americans with Disabilities Act (ADA) poses ongoing compliance challenges and attracts significant attention from plaintiffs' lawyers and the Equal Employment Opportunity Commission (EEOC). The resulting litigation continues…more

ADA, Compliance, Disability, DOJ, EEOC

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Massachusetts Governor Wants to Ban Non-Compete Agreements and Enact the Uniform Trade Secrets Act

Massachusetts Governor, Deval Patrick, recently announced a bill—An Act to Promote Growth and Opportunity—that would provide workforce training opportunities and promote economic development incentives across the Commonwealth…more

Confidentiality Agreements, Economic Development, Hiring & Firing, Incentives, Independent Contractors

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Restrictive Covenants and the Cross-Border Employer

In most U.S. states employers are free to bind employees with restrictive covenants – which commonly take the form of post-employment restrictions on soliciting clients or employees – as a condition of employment. The wide…more

Compensation & Benefits, Cross-Border, Employer Liability Issues, Employment Contract, Employment Policies

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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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Hong Kong: Embracing The Best of the East, and The Best of the West

In continuation of my article on Globalizing in Hong Kong in December 2013, let's discuss some of the practical implications and recent developments in Hong Kong's employment arena. Hong Kong is not just a pivotal financial…more

Employee Benefits, Employee Rights, Flex-Time Policies, Hong Kong, Paid Leave

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The Death of "De Minimis" Is Greatly Exaggerated

The "de minimis" worktime concept is a common-sense, court-recognized notion dating from the federal Fair Labor Standards Act's earliest days. It has been articulated by the U.S. Labor Department this way..…more

Compliance, De Minimis Claims, DOL, Employer Liability Issues, FLSA

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Even The Doctor Is Not Immune

A federal jury recently awarded $350,000 in punitive and compensatory damages to three former employees of Endoscopic Microsurgery Associates, a Baltimore-area medical practice, who were subjected to unwanted sexual advances by…more

Compensatory Damages, Employee Rights, Employer Liability Issues, Endoscopic Microsurgery Associates, Punitive Damages

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Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more than…more

ADA, ADAAA, Disability, Disability Discrimination, Discrimination

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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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Using Biometrics In The Workplace

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other…more

At-Will Employment, Biometric Information, Cybersecurity, Employee Handbooks, Employee Rights

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Partying In The Store

The cost of bad behavior in the workplace can be significant and assorted. Bad behavior damages morale, results in a loss to a company’s profits, jeopardizes safety, and diminishes productivity. Use of drugs and alcohol – or…more

ADA, Disability, Disability Discrimination, Employer Liability Issues, OSHA

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Areas of Practice
  • Immigration Law
  • Labor & Employment Law
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Massachusetts
  • Missouri
  • Nevada
  • New Jersey
  • North Carolina
  • Ohio
  • Oregon
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
Number of Attorneys

100+ Attorneys

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