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Last week, North Carolina’s controversial “bathroom law” was repealed – but not without further controversy.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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Creating Worker Loyalty in the Gig Economy

With the rise of “Uber-ization” of the workforce in the gig economy, many companies, including Fortune 500 firms and IT companies, are adopting a freelance model for its workforce. It’s understandable why businesses would be…more

Employee Retention, Freelance Workers, Gig Economy, Hiring & Firing, Independent Contractors

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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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A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board…more

Banner Health System, Bargaining Units, Browning-Ferris Industries of California Inc., Civility, Class Action Arbitration Waivers

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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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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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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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From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an increasing…more

Antitrust Violations, Collective Actions, College Athletes, Colleges, DOL

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2018 "Contractor Minimum Wage" Rate Released

The U.S. Labor Department has published the 2018 wage-rate floor required by Executive Order 13658, "Establishing A Minimum Wage for Contractors". Beginning on January 1, 2018, the minimum rate will increase by 15 cents per hour…more

DOL, Executive Orders, Federal Contractors, Minimum Wage, Tip Credit

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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

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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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

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

ALJ, Discipline, Hiring & Firing, NLRA, NLRB

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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

See all updates »

The Future is Freelance

Yesterday, Upwork and the Freelancers Union published the results of Freelancing in America: 2017, a comprehensive annual measure of the U.S. independent workforce. The report’s findings are wide-ranging, from the number of…more

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

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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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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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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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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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Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in…more

Appeals, Article III, Class Action, Corporate Counsel, Data Breach

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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

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Colorado Supreme Court Ruling May Result in Disclosure of Trade Secrets

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

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

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September 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. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest changes,…more

Appeals, Class Action, DACA, Dear Colleague Letter, Delivery Drivers

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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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Washington Employers: Prepare To Face New Workplace Laws

The past year has brought multiple new workplace laws that will require employers in Washington to change several key policies and procedures. Below is an update that provides a general overview to help you prepare for these new…more

Employer Liability Issues, Employment Policies, Medical Leave, Minimum Wage, New Legislation

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Is My Noncompete With an Independent Contractor Enforceable?

The Eight Circuit recently addressed this question in Ag Spectrum Co. v. Elder, Case No. 16-3113 (8th Cir. August 2, 2017). In that case, Ag Spectrum contracted with Vaughn Elder to work as an independent contractor. Elder also…more

Corporate Counsel, Independent Contractors, Misclassification, Non-Compete Agreements, Non-Disclosure Agreement

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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

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September 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. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest changes,…more

Appeals, Class Action, DACA, Dear Colleague Letter, Delivery Drivers

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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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Transgender Rights – Where Does Pennsylvania Fit In?

With the recent buzz about President Donald Trump’s removal of federal protections for transgender students that were implemented under the Obama Administration, the states and school systems have been left to determine if and…more

Employer Liability Issues, Equal Protection, Preliminary Injunctions, Rescission, School Districts

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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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Troubling Court Decision Sends Withdrawal Liability Warning To Employers

A federal appeals court has handed multiemployer pension plans a blank check to assess increased withdrawal liability against employers exiting a plan. The 11th Circuit Court of Appeals’ recent decision in Westrock RKT Company…more

Appeals, Corporate Counsel, Employee Benefits, Employer Contributions, Insolvency

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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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FAQs About The FMLA

Understanding and complying with the requirements of the federal Family and Medical Leave Act (FMLA) is a challenge for even the most experienced management and human resources personnel. The challenge is even greater in states…more

ADA, Federal v State Law Application, FMLA, Medical Leave, Paid Family Leave Law

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A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board…more

Banner Health System, Bargaining Units, Browning-Ferris Industries of California Inc., Civility, Class Action Arbitration Waivers

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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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Trump’s Third Travel Ban Blocked By Federal Court

For the third time this year, a federal district court has blocked a presidential travel ban from taking effect. Judge Derrick K. Watson, from the District of Hawaii, today granted a motion for a temporary restraining order that…more

Executive Orders, Foreign Nationals, Immigration and Nationality Act, National Origin Discrimination, Rescission

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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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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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White House Narrows ACA Contraception Mandate

The Department of Health and Human Services (HHS) just issued new rules which will limit the contraception coverage mandate covering employers under the Affordable Care Act (ACA). The new rules, released Friday, expand the range…more

Affordable Care Act, Contraceptive Coverage Mandate, Contraceptives, Corporate Counsel, Department of Health and Human Services

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“GLB” and What it Means for Auto Dealers

Developing an information security program is good business, and for auto dealers that are considered “financial institutions” under the Gramm-Leach-Bliley Act (GLB) it is the law. As part of the GLB, the Federal Trade…more

Automotive Industry, Customer Information, Data Security, Financial Institutions, FTC

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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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September 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. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest changes,…more

Appeals, Class Action, DACA, Dear Colleague Letter, Delivery Drivers

See all updates »

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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What American Companies Need to Know about the EU’s New General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is a new data privacy and security law in Europe that will go into force on May 25, 2018. Every organization that does business with EU customers, regardless of the home base of the…more

Consent, Data Collection, Data Privacy, Data Protection Officers (DPOs), Data Security

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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

See all updates »

August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State Laws

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State…more

Ban the Box, Burden of Proof, California Family Rights Act (CFRA), Collective Bargaining, Conditional Job Offers

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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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Sweeping Changes to French Labor Laws Signal Employer-Friendly Future

Today, the French labor market experienced the start of a power swing, from its historically employee-friendly labor regime to a more employer-friendly set of laws, intended to provide employers with greater flexibility in the…more

Collective Bargaining, Corporate Counsel, Damage Caps, Employee Representatives, France

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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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Updates to Massachusetts Cybersecurity Laws

Coming on the heels of several high profile data breaches, lawmakers in the Bay State have turned their attention to evaluating and improving cybersecurity across the Commonwealth. The State Legislature has created a special…more

Cybersecurity, Data Breach, Data Management, Data Security, Governor Baker

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June 2017: The Top 15 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. June 2017 was no different, with so…more

ADA, Administrative Interpretation, Advocate Health Care v Stapleton, Anti-Discrimination Policies, Benefit Plan Sponsors

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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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June 2017: The Top 15 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. June 2017 was no different, with so…more

ADA, Administrative Interpretation, Advocate Health Care v Stapleton, Anti-Discrimination Policies, Benefit Plan Sponsors

See all updates »

June 2017: The Top 15 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. June 2017 was no different, with so…more

ADA, Administrative Interpretation, Advocate Health Care v Stapleton, Anti-Discrimination Policies, Benefit Plan Sponsors

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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, Federal Contractors, Gender Discrimination, Governor Wolf, Public Employees

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Kentucky's Electronic Recordkeeping Rule Is In Effect!

The December 1 compliance date for federal OSHA’s new electronic recordkeeping portion of the new recordkeeping regulation is fast approaching. Known as “Improve Tracking of Workplace Injuries and Illnesses,” the new federal…more

Electronic Records, Employer Liability Issues, Filing Deadlines, New Regulations, New Rules

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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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Are You Doing Enough to Protect Your Company's Secrets?

A decade ago, I litigated a trade secret/unfair competition dispute between two large plastics manufacturers. The Plaintiff was based in southwest Florida, the Defendant in southern Alabama. The factual dispute is interesting,…more

Confidential Information, Confidentiality Agreements, Cybersecurity, Data Breach, Employment Policies

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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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A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board…more

Banner Health System, Bargaining Units, Browning-Ferris Industries of California Inc., Civility, Class Action Arbitration Waivers

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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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July 2017: The Top 12 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,…more

Ashley Madison, CA Supreme Court, Class Action, Data Breach, DOL

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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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Hidden Hiring Landmine: Fair Credit Reporting Act Obligations

Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that…more

Background Checks, Ban the Box, Consumer Reports, Credit Reports, Criminal Records

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Biometrics And “The Mark Of The Beast”: Dealing With Employee Accommodation Requests

Employers are increasingly using biometric data such as facial characteristics, hand geometry, retina/iris scans, fingerprints and voiceprints in the workplace. Biometric data can be used to establish records of employee hours,…more

Appeals, Biometric Information, Damages, Data Security, EEOC

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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 (BYOD), Contract Drafting, Defend Trade Secrets Act (DTSA), Employment Contract, Misappropriation

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Even More At Stake Than Meets The Eye With Potential HIPAA Violations

A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In…more

Health Care Providers, HIPAA, Hospitals, Intentional Infliction of Emotional Distress, Invasion of Privacy

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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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Rumors of the Death of the Gig Economy Are Greatly Exaggerated

Now that the US economy is showing signs of recovery, especially in the area of job creation, some observers have noted that the pool of available contingent workers appears to be shrinking, as workers return to more traditional…more

Contingent Employees, Gig Economy, Hiring & Firing, Independent Contractors, Job Creation

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June 2017: The Top 15 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. June 2017 was no different, with so…more

ADA, Administrative Interpretation, Advocate Health Care v Stapleton, Anti-Discrimination Policies, Benefit Plan Sponsors

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A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board…more

Banner Health System, Bargaining Units, Browning-Ferris Industries of California Inc., Civility, Class Action Arbitration Waivers

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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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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board…more

Banner Health System, Bargaining Units, Browning-Ferris Industries of California Inc., Civility, Class Action Arbitration Waivers

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Healthcare Industry Sees Increase In Age Discrimination Claims

Lawyers and medical professionals have noticed a recent uptick in age discrimination claims in the healthcare industry. What is causing this increase? Is it simply a statistical fluke, or are there specific reasons the industry…more

ADEA, Age Discrimination, Civil Rights Act, EEOC, Healthcare Facilities

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September 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. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest changes,…more

Appeals, Class Action, DACA, Dear Colleague Letter, Delivery Drivers

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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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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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Apple Removes VPN Apps from China App Store

Apple’s removal of VPN apps from its app store in China could signal a difficult road ahead for companies doing business there. In March 2017, we posted a summary of China’s new cyber security law (Law) that went into effect on…more

App Developers, App Store, Apple, China, Cybersecurity

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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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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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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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Uber Forced To Carry On Its Defense Of 'On Call' Claims

In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda…more

Discovery, Employer Liability Issues, Expedited Discovery, FLSA, Gig Economy

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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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Vendor Contracts: Be Careful Before You Sign On The Dotted Line

It’s the first week back to school and you receive the following three phone calls in quick succession - • A parent advises you that she does not want to buy expensive apparel from a certain sportswear company for her…more

Auto-Renewal, CFOs, Choice-of-Law, Contract Negotiations, Contract Termination

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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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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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September 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. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest changes,…more

Appeals, Class Action, DACA, Dear Colleague Letter, Delivery Drivers

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July 2017: The Top 12 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,…more

Ashley Madison, CA Supreme Court, Class Action, Data Breach, DOL

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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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Kentucky's Electronic Recordkeeping Rule Is In Effect!

The December 1 compliance date for federal OSHA’s new electronic recordkeeping portion of the new recordkeeping regulation is fast approaching. Known as “Improve Tracking of Workplace Injuries and Illnesses,” the new federal…more

Electronic Records, Employer Liability Issues, Filing Deadlines, New Regulations, New Rules

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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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Make Sure You’re On Target When Using Direct Threat Defense

An employer’s personnel decisions do not always have to be “correct” in order to avoid liability under most federal and state anti-discrimination laws. If you decide to terminate an employee for engaging in workplace misconduct,…more

ADA, Direct Threat Defense, Disability Discrimination, EEOC, Employee Misconduct

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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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September 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. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest changes,…more

Appeals, Class Action, DACA, Dear Colleague Letter, Delivery Drivers

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Student-Employee Unions: Should Universities Expect a Double U-Turn?

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their…more

Collective Bargaining, Colleges, Columbia University, Employee Rights, Graduate Students

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Gig Economy Ripples From Across The Pond: An App For Healthcare Workers On Demand?

Roughly 3,500 miles on the other side of the Atlantic Ocean, the British government is contemplating an idea which will marry the national healthcare industry with the gig economy. Such an idea could send a ripple toward the…more

Gig Economy, Healthcare Facilities, Healthcare Workers, Hospitals, Mobile Apps

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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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August 2017: The Top 11 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no different,…more

Affirmative Action, Appeals, Audio Recording, Class Action, Classification

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Gig Employers: An Old Friend Returns, Courtesy of the U.S. D(emand) O(pinion) L(etters)

As reported on our Wage & Hour Law Blog just a few days ago, the U.S. Department of Labor (DOL) has announced that it will revive its historical practice of issuing Opinion Letters in response to specific inquiries from…more

Administrative Interpretation, DOL, FLSA, Gig Economy, Obama Administration

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WEB EXCLUSIVE: The ABC’s Of AEDs

Every time a natural disaster hits, we learn of at least one person who tragically died of a heart attack when placed in a stressful or unusual situation. Sadly, we hear little about the hundreds of thousands of other deaths…more

Catastrophic Events, Employer Liability Issues, Good Samaritans, Heart Attacks, Medical Devices

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Could Barring Former Employees From Your Premises Lead To A Lawsuit?

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and…more

Anti-Retaliation Provisions, Class Action, Collective Actions, Corporate Counsel, Employee Training

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California Employers May Sue For Online Defamation

The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review…more

Appeals, Communications Decency Act, Corporate Counsel, Defamation, False Statements

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Social Selling and the Gig Economy

If you are a Millennial female with Facebook, I’ll make an educated guess that you have at least been invited to join a LuLaRoe group. Or perhaps you have recently attended (or hosted) a Stella and Dot party. Companies such as…more

Consultants, Gig Economy, Millennials, Sellers, Social Media

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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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