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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Approved San Francisco Retail Workers Ordinance Means More Restrictions For Employers

The San Francisco Board of Supervisors has voted unanimously to approve a city ordinance, which will create a number of obstacles for many businesses – including retail stores, restaurants, and banks. The ordinance, referred to…more

Banks, Employer Liability Issues, Local Ordinance, Restaurant Industry, Retailers

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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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Arizona's Minimum Wage Will Increase On January 1, 2015

On January 1, 2015, the Arizona minimum wage will increase from $7.90 to $8.05 per hour…more

Minimum Wage, Wages

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

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

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

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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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Managing Social Media-Issues Consistent With The Law

In this age of electronic communication, social media has added another dimension to the array of issues schools must address in order to maintain the integrity of the learning environment while also preserving the rights of…more

Cyberbullying, Harassment, Internet, Popular, Private Schools

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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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NLRB's Finalizes Quickie Election Rules for April Implementation's

The National Labor Relations Board (NLRB) has finally implemented its long awaited “quickie election” rules, which will speed up union elections while requiring employers to turn over personal email addresses and telephone…more

NLRB, Quickie Election Rules, Union Elections, Unions

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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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Court Vacates Imminent Bar To Third-Party Employer's Claiming Companionship/Live-In Domestic Exemptions

We have reported that the U.S. Labor Department's changes in its regulatory provisions affecting the federal Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section 13(b)(21) overtime…more

Companionship Exemptions, DOL, Domestic Workers, Final Rules, 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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What Not To Talk About At Work

Managers have a special role for employers because they are your legal agents. What they say, do, and know can be attributed to you as their employer. Depending on the issue, you can even be strictly liable for the conduct of…more

Best Management Practices, Corporate Counsel, Corporate Culture, Corporate Management

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Changes Coming To Colorado Discrimination Claims

On January 1, 2015, changes to Colorado’s employment anti-discrimination statute will go into effect, drastically impacting employers facing employment discrimination claims. The changes will significantly expand the remedies…more

Discrimination, Employer Liability Issues

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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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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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Employment Law in Switzerland

Switzerland is a democratic country with a population of almost 8 million people, located in the heart of Europe and comprised of 26 cantons, also known as districts, that operate utilizing three official languages: French,…more

Employment Contract, EU, Holiday Pay, Wage and Hour

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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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How's Your ESI Score?

No question that customer satisfaction is a primary goal and focus for dealerships (and manufacturers). In a highly-competitive industry where products and prices can be virtually identical, dealerships understand that customer…more

Auto Manufacturers, Best Management Practices, Car Dealerships, Employee Retention

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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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Shift Worker Rules Warrant Special Attention

The long-term-care industry depends on shift workers to provide patient care 24 hours per day, seven days per week. But even experienced and sophisticated employers can find the application of state and federal labor and…more

ADA, Employer Liability Issues, FLSA, Health Care Providers, Hospitals

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D.C. Circuit: USAID Worker Jailed in Cuba Can’t Recover Damages from the Government

On November 14, 2014, in Alan Gross and Judith Gross v. U.S.A., a three-judge panel of the United States Court of Appeals for the D.C. Circuit unanimously held that a humanitarian aid worker, who sub-contracted with the United…more

Appeals, Cuba, Employer Liability Issues, Federal Contractors, FTCA

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When Employees Solve Problems With Their Fists

Generally speaking, human resources professionals and business executives have become quite adept at dealing with employee claims for illegal harassment. For example, just about any HR manager can provide a definition of a…more

Assault, Battery, Corporate Counsel, Harassment, Hostile Environment

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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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When "Free" Is Too Good To Be True: Rethinking Interns And Volunteers Under Wage & Hour Laws

Educational institutions of all kinds often utilize the services of volunteers or so-called interns to assist with coaching sports or other extracurricular activities, and to participate in programs that are mutually beneficial…more

Best Management Practices, DOL, Educational Institutions, Employer Liability Issues, FLSA

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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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Survive The Season With Our Open Enrollment Checklist

It’s that time of year again, when fall weather brings with it a host of legal obligations for plan sponsors running open enrollment. Here’s what you need to know to survive the season…more

Affordable Care Act, ERISA, Health Insurance, Health Plan Sponsors, HIPAA

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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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Don't Fall Into The Gap: Wage/Hour Lawsuit Highlights Risks For Employers

In August, the U.S. Circuit Court of Appeals for the 3rd Circuit affirmed dismissal of five purported class or collective actions brought against a number of healthcare systems and their affiliates. Although favorable for the…more

Compliance, Employer Liability Issues, Wage and Hour, Wages

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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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Goodbye – Come Back Soon!

The U.S. Supreme Court is currently considering the issue of whether under the Pregnancy Discrimination Act, an employer who provides light-duty work to some employees, (such as those injured on the job) but not to all employees…more

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

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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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Federal Court Dismissal of EEOC Suit Leaves Employers Hanging

In a closely watched ruling, an Illinois federal district court handed a victory to one particular employer, but ducked a broader ruling that would have provided general guidance to companies generally that are trying to avoid…more

Corporate Counsel, Covenant Not to Sue, CVS, Dismissals, EEOC

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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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Ebola Preparedness

How should an employer respond when it learns that an employee is planning a trip to West Africa to visit family? What if other employees refuse to come to work because they fear that the returning employee may have been exposed…more

Best Management Practices, CDC, Ebola, Employer Liability Issues, OSHA

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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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Auto Dealers Will Soon Have To Maintain OSHA 300 Recordkeeping

Come January 1, 2015, OSHA’s newly announced Recordkeeping changes will most harshly affect manufacturers but the largest group affected is auto dealers…more

Car Dealerships, OSHA, Recordkeeping Requirements, Reporting Requirements

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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 Reefer, Oregon Employers: Legalization of Recreational Marijuana Will Not Impact Company Policies

On November 4, 2014, Oregon joined Colorado and Washington when voters approved a state initiative legalizing the recreational use of marijuana (Alaska passed a similar law the same day). As of July 1, 2015, it will no longer be…more

Decriminalization of Marijuana, Employer Liability Issues, Employment Policies, Marijuana, Medical Marijuana

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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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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, Holidays, Wine & Alcohol

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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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Title IX And Sexual Assault On Campus

In January this year, President Obama created the Task Force to Protect Students From Sexual Assault to provide colleges and universities with recommendations to prevent and respond to sexual assault and enhance efforts to hold…more

Colleges, Rape, Sexual Assault, Title IX, Universities

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No Pay For Security Checks: Supreme Court

Yesterday, the U.S. Supreme Court unanimously held that employees are not entitled to compensation for time spent waiting for and participating in mandatory security screenings at the end of their shifts. The decision reached by…more

FLSA, Integrity Staffing v Busk, SCOTUS, Security Checks, Wage and Hour

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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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It's Official: $10.10 Minimum Wage For Government Contractors

The U.S. Labor Department (DOL) published final regulations implementing President Obama’s Executive Order, raising the minimum wage to $10.10 per hour for workers on government contracts. The new minimum wage will take effect…more

DOL, Employee Rights, Executive Orders, Federal Contractors, Minimum Wage

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Understanding "Ban the Box" Laws

“Ban the Box” is a national civil-rights movement backed by advocates for job applicants with criminal convictions. Proponents of these laws believe that expanding employment opportunities for individuals with criminal…more

Background Checks, Ban the Box, Criminal Background Checks, Employer Liability Issues, 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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Faculty Can Unionize Absent Actual Managerial Control, NLRB Decides

Last week, the National Labor Relations Board (NLRB or Board) revised its standard for determining when faculty members can unionize. Although the decision is expected to be appealed, it undoubtedly will open the door to a new…more

Colleges, Faculty, NLRB, Union Elections, Unions

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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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It's Payback Time: Reimbursement Of Employee Expenses Is A Hot Issue In California

As class actions continue to plague employers in California, one area that is often overlooked is expense reimbursement. The California Labor Code makes clear that employers must indemnify employees for all necessary…more

Corporate Counsel, Employee Rights, Employer Liability Issues, Indemnification, Reimbursements

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Do You Have A Health Plan Identifier?

Do You Even Know What It Is? With great focus on healthcare reform, you may have missed a current requirement for health plans to apply for and obtain a Health Plan Identifier (HPID). This requirement does not come from…more

CMS, Controlling Health Plan, Employer Group Health Plans, HHS, HIPAA

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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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Employee Communications: Your Internal Public Relations Campaign

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

Best Management Practices, Corporate Culture

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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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FLSA Insurance-Adjuster Overtime Exception Buried In Appropriations Bill

Section 111 of the recently-enacted "Department of Labor Appropriations Act, 2015" directs that the federal Fair Labor Standards Act "shall be applied as if" there is an overtime exclusion for certain workers who are employed to…more

Appropriation Act, Claims Adjusters, DOL, Employer Liability Issues, FLSA

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President Obama Announces Executive Action on Immigration

President Obama has announced his plan for what he says is a partial fix of the U.S. immigration system. Through this Executive Action, more than four million undocumented individuals will get relief from deportation and will…more

Barack Obama, DACA, DAPA, Deportation, DHS

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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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Ebola Preparedness

How should an employer respond when it learns that an employee is planning a trip to West Africa to visit family? What if other employees refuse to come to work because they fear that the returning employee may have been exposed…more

Best Management Practices, CDC, Ebola, Employer Liability Issues, OSHA

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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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Drug Testing In Your Non-U.S. Operations

Many U.S.-based employers perform pre-employment, post-accident, or random drug testing. With some exceptions, they are generally permitted wide latitude in deciding when to conduct such tests. But the U.S. attitude toward drug…more

Corporate Counsel, Drug Testing, EU, Foreign Subsidiaries, Hiring & Firing

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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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Federal Court Dismissal of EEOC Suit Leaves Employers Hanging

In a closely watched ruling, an Illinois federal district court handed a victory to one particular employer, but ducked a broader ruling that would have provided general guidance to companies generally that are trying to avoid…more

Corporate Counsel, Covenant Not to Sue, CVS, Dismissals, EEOC

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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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