Fisher Phillips

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1075 Peachtree Street, NE
Suite 3500
Atlanta, Georgia 30309, United States
Phone: (704) 778-4185
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
400+ Attorneys

Fox (Mostly) Remains In The Henhouse: SCOTUS Says Agencies (Sort Of) Know Best

By a 9-0 vote, the U.S. Supreme Court ruled today that by and large, the courts should continue deferring to a federal agency’s reasonable interpretation of its own ambiguous regulations, leaving a good deal of power in the…more

Administrative Agencies, Ambiguous, Appeals, Auer Deference, Denial of Benefits

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Are You Ready for OFCCP’s 2024 Certification Deadline? Here’s What Federal Contractors Need to Know for Affirmative Action Plan Compliance

Federal contractors and subcontractors will soon have to certify that their affirmative action plans are compliant with federal requirements. The Office of Federal Contract Compliance Programs (OFCCP) announced yesterday that it…more

Affirmative Action, Certifications, Deadlines, Federal Contractors, OFCCP

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As the Potential Workforce Goes Crypto and NFT, Employers Stuck in the Past May Be Losing Out

It’s no secret that employers are desperately seeking workers to fill open positions, but there may an under-the-radar reason contributing to the workforce shortage: opportunities created by cryptocurrency and non-fungible…more

Blockchain, Cryptocurrency, Employee Benefits, Employee Retention, Non-Fungible Tokens (NFTs)

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Snapshot on Manufacturing Industry: Prepare for Pregnancy Accommodation Requests

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is…more

Employer Liability Issues, Federal Labor Laws, Manufacturers, New Legislation, Pregnancy

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Surfin’ USA: Website Accessibility Lawsuits are Alive And Well Under The ADA

Chances are if you operate a business (public accommodation) that maintains a traditional brick-and-mortar location, then you are no stranger to Title III of the Americans with Disabilities Act (ADA). But just about every…more

Americans with Disabilities Act (ADA), Disability Discrimination, Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

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Should Your Company Give Employees the Right to Disconnect? Pros and Cons of Do-Not-Disturb Policies

It’s 7:30 PM on a Thursday night and you check your phone after finishing dinner – and you see a business emergency starting to brew. You could use some help from your team tonight to gear up for what is bound to be a crazy…more

Do Not Disturb, Employee Rights, Employment Policies, Off-Duty Employees, Right to Disconnect

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So What Do We Do About PAGA? The Continued Viability Of Severance Agreements In The Wake Of Kim v. Reins

For decades, severance agreements have been a staple of the employment relationship, inhering to the benefit of employers and employees alike. Through their use, employers are able to obtain peace of mind against future…more

CA Supreme Court, Covenant Not to Sue, Employment Litigation, Hiring & Firing, Labor Code

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Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By…more

ADEA, Age Discrimination, Babb v Wilkie, Burden of Proof, But For Causation

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Full House: A Fully Constituted Biden NLRB is Here

Since President Biden’s inauguration, employers have known that the National Labor Relations Board (NLRB) would eventually return to a majority beholden to the interests of organized labor. However, the big question was when…more

Biden Administration, Labor Relations, NLRA, NLRB, NLRB General Counsel

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Labor Board Seems Certain to Soon Change Handbook Standards – What Should Employers Do?

Lurking in the recesses of your memory may be a recollection that not too long ago, federal labor relations officials scrutinized the employee handbooks of non-union employers and found legal violations with commonplace policies…more

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

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Department of Education Issues Dear Colleague Letter as Campus Tensions and Hate Crimes Rise: 5 Steps for Educational Institutions

The Department of Education recently reminded educational institutions receiving federal funding of their responsibility to foster inclusive campuses in light of the nationwide rise in hate crimes and threats to Jewish, Israeli,…more

Anti-Discrimination Policies, Anti-Harassment Policies, Colleges, Dear Colleague Letter, Department of Education

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New Jersey Amends Workplace Bias Law to Expand Protections Against Age Discrimination

New Jersey Governor Phil Murphy just signed a bill amending the state’s workplace bias statute by expanding protections against age discrimination. The most significant aspect of Assembly Bill No. 681, signed into law on October…more

Age Discrimination, Amended Legislation, Bias, Employment Discrimination, Hiring & Firing

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Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, Manufacturers

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Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage…more

Business Operations, Corporate Counsel, Employee Benefits, Employer Liability Issues, Furloughs

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The Visa Bulletin for January: Dates for Filing and an Employer’s Immigration Action Plan

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight…more

Adjustment of Status, EB-1, EB-2, EB-3, Filing Deadlines

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California Appeals Court Provides Roadmap for Healthcare Employers to Defeat Discrimination Claims Over Vaccine Mandates

A California Court of Appeal recently delivered valuable guidance for healthcare employers who had or continue to have vaccination mandates. In Hodges v. Cedars-Sinai Medical Center, the court concluded that a hospital did not…more

Disability Discrimination, Employer Mandates, Employment Litigation, Employment Policies, Healthcare Workers

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NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous significance…more

Colleges, Jurisdiction, NLRA, NLRB, Religious Institutions

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The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and…more

Age Discrimination, Anti-Harassment Policies, Burden of Proof, Colorado, Coronavirus/COVID-19

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Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

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5 Tips for Employers to Avoid a Fumble Ahead of Super Bowl Sunday

More than 100 million people are expected to watch Super Bowl LVII on February 12 – including many of your employees. Maybe they’re avid fans or perhaps they’re simply tuning in for the commercials or halftime show. Either way,…more

Attendance, Dress Codes, Employment Policies, Lost Productivity, Sports Gambling

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Genetic Testing and Cancer Screening Leave Laws Take Effect in Louisiana: What Employers Need to Know

A new Louisiana law takes effect today to require employers to provide time off from work for medically necessary genetic testing and cancer screening. The new law also prohibits discrimination and retaliation against employees…more

Cancer, Employer Liability Issues, Genetic Testing, Leave of Absence, Louisiana

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Indiana Employers Should Remain on Guard as Governor Holcomb Ends COVID-19 State of Emergency

Indiana just joined a growing number of states that have rescinded their COVID-19 states of emergency while also enacting new pandemic-related legislation – but employers shouldn’t completely let down their guard just yet…more

Coronavirus/COVID-19, Employer Liability Issues, Executive Orders, Governor Holcomb, Infectious Diseases

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Employers Must Update Their Summary of Rights Notice for Background Check Screenings

Employers should promptly update their Summary of Consumer Rights notice provided to applicants and workers before taking adverse employment action based on their background check reports, thanks to a new rule about to take…more

Adverse Employment Action, Background Checks, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Fair Credit Reporting Act (FCRA)

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Chicago Employers Should Prepare for Expanded Workplace Anti-Harassment Requirements

Employers should review their harassment prevention and training policies in light of recent amendments to the Chicago Human Rights Ordinance that create new obligations for employers in the city starting on July 1. What do…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Local Ordinance, Notice Requirements

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California Employees Are Now Entitled to Leave for Reproductive Loss: Top 6 Things Employers Need to Know

Governor Gavin Newsom just signed into law a bill that further expands California unpaid leave by allowing employees to take protected time off due to “reproductive loss.” Senate Bill 848, signed into law on October 10, will…more

California, Corporate Counsel, Employee Handbooks, Employment Policies, Leave of Absence

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San Francisco Issues Guidance On COVID-19 Paid Sick Leave While Area Shelter-In-Place Orders Extended

When San Francisco Mayor London Breed announced a Workers and Families First Program (Program) on March 16 that will see the city provide funding for private sector workers impacted by the COVID-19 pandemic to receive an…more

Coronavirus/COVID-19, Local Ordinance, Paid Leave, Paid Time Off (PTO), Shelter-In-Place

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How is HR Using AI? An Employer’s List of Tools and Potential Pitfalls

As various forms of artificial intelligence capture the imagination of the broader public, human resources professionals may feel like they are caught in a bit of a whirlwind. While predictive analytics (data-driven approaches…more

Artificial Intelligence, Automation Systems, Bias, Employee Retention, Employer Liability Issues

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Hong Kong Court of Final Appeal Expands Spousal Benefits Rights for Same-Sex Couples

Following the conclusion of Pride Month, it seems only fitting to address a relevant outcome in the cross-border context, which also has an impact on global employers and their employee benefits offerings. In, Leung Chun Kwong v…more

Appeals, Beneficiaries, Employee Benefits, Hong Kong, International Labor Laws

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Employers Beware: New Federal Partnership Shines Spotlight on Workplace Safety and Health Programs

Employers should prepare for increased safety and health enforcement efforts now that federal labor and workplace safety officials have entered a partnership to bolster whistleblower protections. Specifically, the National Labor…more

Employer Liability Issues, Health and Safety, Information Sharing, Memorandum of Understanding, NLRB

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The 3 Biggest PAGA Questions California Employers Have for 2023

California employers are all too familiar with the dreaded word “PAGA” – the Private Attorneys General Act. This infamous law gives employees the legal right to prosecute lawsuits against their employers for alleged violations…more

Arbitration Agreements, California, Employer Liability Issues, Employment Litigation, Labor Law Violations

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Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution

Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic, most…more

Foreign Nationals, Green Cards, Hiring & Firing, National Interest Waiver, PERM

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OSHA Proposes Revised PPE Rule for Construction Industry: How Should Employers Prepare?

Federal workplace safety officials just announced they are seeking to revise the national Personal Protective Equipment (PPE) standard for the construction industry to explicitly state that PPE must fit each affected employee…more

Comment Period, Construction Industry, Construction Workers, OSHA, Personal Protective Equipment

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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, Employee Retirement Income Security Act (ERISA), IRS, Retirement, Retirement Plan

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Are Utilization Review Nurses Entitled to Overtime? Pending Federal Case Should Serve as Warning for Healthcare Providers

Healthcare organizations across the country should train their attention on a federal court case pending in Georgia that deals squarely with whether RNs performing utilization review (UR) work are exempt from overtime pay…more

Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), Health Care Providers, Nurses

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5 Takeaways as Washington Legislature Instructs Employers Not to Deduct WA CARES Act Premiums

Answering the question Fisher Phillips recently posed to Washington employers – to deduct or not to deduct – Governor Inslee signed into law on January 26 the bills swiftly pushed through the legislature that delay collection of…more

Employee Benefits, Exemptions, New Legislation, Payroll Deductions, Premiums

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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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Arizona Under Stay-At-Home Order, Shutting Down Non-Essential Businesses

In response to the COVID-19 coronavirus outbreak, Arizona Governor Ducey just issued Executive Order 2020-18, entitled “Stay Home, Stay Healthy, Stay Connected,” requiring all Arizonans to limit their time away from their home…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Ducey, Health and Safety

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Snapshot on Manufacturing Industry: 3 Things Employers Need to Know Before Filing Your EEO-1 Reports

Welcome to this edition of the FP Snapshot Manufacturing Industry, where we take a quick snapshot look at recent significant workplace law developments with an emphasis on how they impact employers in the manufacturing industry…more

EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Failure-to-File, Federal Contractors

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Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment decisions…more

Corporate Counsel, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

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When Strict Dress Codes Went Out Of Style: The Modernization Of Workwear

This modern-day old adage gives one permission to own their own personal style with the utmost confidence—but how does this fit into your work culture? In years past, getting dressed for work was simple. But as time progressed,…more

Discrimination, Dress Codes, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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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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Will Justice Ketanji Brown Jackson Treat Employers Well? The Magic 8-Ball Says: “Signs Point to Yes”

When President Biden announced on Friday that Judge Ketanji Brown Jackson would be nominated to replace the retiring Justice Stephen Breyer on the Supreme Court, history was made. Not only could she be the first Black woman ever…more

Age Discrimination, Biden Administration, Disability Discrimination, Employment Discrimination, Employment Litigation

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Labor Board Once Again Shifts the Scales to Ensure More Employee Conduct is Considered Protected Concerted Activity

The National Labor Relations Board has once again overturned employer-friendly precedent by making it more likely that individual employee gripes – whether in a union or non-unionized workplace – will be deemed protected…more

NLRA, NLRB, Protected Concerted Activity, Section 7, Totality of Circumstances Test

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Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to how a…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Health and Safety, OSH Act

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Philadelphia Set to Ban Pre-Employment Marijuana Testing: What Employers Need to Know

Philadelphia is set to join a small but growing list of jurisdictions (including Nevada and New York City) that prohibit employers from testing prospective employees for marijuana. The proposal, which was recently approved by…more

Drug Testing, Employment Policies, Hiring & Firing, Job Applicants, Local Ordinance

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4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration…more

Biden Administration, Collective Bargaining, Collective Bargaining Agreements (CBA), Construction Industry, Construction Project

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Just (Don’t) Do It: Oregon Supreme Court Warns Against Cat’s Paw Retaliation

The Oregon Supreme Court just revived a whistleblower retaliation claim filed against sportswear giant Nike by adopting for the first time a novel legal concept known as the “cat’s paw” theory. The July 18 opinion opens new…more

Adverse Employment Action, Cat's Paw, Employer Liability Issues, Employment Discrimination, Employment Litigation

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The Importance Of An Injury and Illness Prevention Plan In California During The COVID-19 Health Crisis And Beyond

As recently announced, Cal/OSHA is now scrutinizing employers’ adherence to state guidance regarding worker protections during the COVID-19 health crisis. The administration is urging all employers in California to carefully…more

Cal-OSHA, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Workplace Hazards

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FP’s Interactive Union Organizing Activity Map Reveals 4 Key Trends

While you may think labor unions only impact large corporations or specific industries, FP’s new Union Organizing Activity Map actually shows that smaller businesses are more likely to confront an organizing drive. The map also…more

Corporate Counsel, Labor Relations, Union Elections, Union Membership, Union Organizers

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California Workers Gain New Cannabis Protections: What Employers Need to Know

A new protection is on the way for employees in California who use cannabis before or after completing their workday. Governor Gavin Newsom signed a bill Sunday expanding employment discrimination protections under state law to…more

Corporate Counsel, Drug Testing, Employment Discrimination, Employment Policies, Hiring & Firing

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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

Administrative Law Judge (ALJ), Discipline, Hiring & Firing, NLRA, NLRB

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Current Trends In Combating Weight Discrimination In The Workplace

Employers everywhere should be well-versed in the main federal civil rights laws, offering protection to your employees and applicants from workplace discrimination based on age, disability, sex, gender, religion, race, and…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

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3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome. Moreover,…more

Confidential Information, Former Employee, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Who’s The Boss? How Managers Can Handle Gender Bias From Their Own Subordinates

As a manager, you’re trained to identify discrimination and harassment when you see it. You see it when a manager in another department isn’t being fair to subordinates of another race. You’re familiar with your obligations when…more

Anti-Discrimination Policies, Anti-Harassment Policies, Bias, Employee Misconduct, Employee Training

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Maryland Employers To Soon Face Mandatory Notice Requirements Before Reductions In Force

Thanks to an impending new law, Maryland employers faced with large employee reductions will no longer be able to simply determine on their own whether to follow the state’s voluntary advance notification guidelines. Beginning…more

Department of Labor (DOL), Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force, Notice Requirements

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Kentucky Governor Signs Senate Bill 7 Into Law Reestablishing Employment Arbitration

Kentucky Governor Matt Bevin signed into law Senate Bill 7 which brings Kentucky back in line with every other state by allowing employers to require employees to arbitrate claims as a condition of employment. The new law,…more

Arbitration Agreements, Employer Liability Issues, Employment Contract, Federal Arbitration Act, Federal v State Law Application

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What Public Employers Need To Know A Year After Supreme Court’s Janus Decision

Until just last year, it was common for public sector collective bargaining agreements to require employees who elected not to belong to a union, but were still covered by the CBA, to pay “fair share” fees to the union as a…more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

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The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their wages…more

Employer Liability Issues, Employment Litigation, Liquidated Damages, New York, Private Right of Action

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COVID-19 Employment Litigation Continues Based on Failure to Accommodate Virus-Related Illnesses

The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Failure to Accommodate

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California Employers Face Criminal Liability for Intentional Unpaid Wages Under Newly Signed Law

California Governor Newsom signed into law yesterday a bill which makes intentional “wage theft” by employers a form of grand theft and thus a felony in the state of California. AB 1003 obviously ups the ante for employers when…more

Corporate Counsel, Criminal Liability, Criminal Penalties, Criminal Prosecution, Employer Liability Issues

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The State of the Union for PEOs and Staffing: 7 Notable Trends Revealed at FP’s PeopleLaw Conference

The lead session at the recent FP PeopleLaw Conference was by far the most popular and highest rated – and with good reason. Attendees heard an exclusive State of the Union report from Brittany Sakata, General Counsel for the…more

Artificial Intelligence, Healthcare Workers, Hiring & Firing, Hospitality Industry, Job Applicants

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Are You Properly Paying Your Bell Staff? 5 Top Questions for Hotels that Take a Tip Credit

Hotel staff often include a mix of tipped and non-tipped jobs, but following wage and hour rules isn’t always easy, particularly if employees perform a variety of tasks. Some workers — such as servers and bartenders — may neatly…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hospitality Industry, Hotels, Minimum Wage

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NYC Lawmakers Consider Broad Non-Compete Ban: What Businesses Need to Know

After a failed attempt to ban non-compete agreements statewide last year, New York City legislators are now poised to take matters into their own hands. Just weeks ago, the New York City Council unveiled a trio of proposed bills…more

Employment Contract, Freelance Workers, Hiring & Firing, Low-Wage Workers, Non-Compete Agreements

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Florida’s New Bathroom Law: What Do Schools Need to Know?

As schools prepare for the upcoming academic year, you should consider the impact of Florida’s new law addressing locker room and bathroom use. The Safety in Private Spaces Act was recently signed into law by Governor DeSantis…more

Colleges, Educational Institutions, Florida, Governor DeSantis, New Legislation

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“Personal” Pizza: Employee’s Individual Gripe Not Protected Under The NLRA

A recent decision by a National Labor Relations Board Administrative Law Judge has re-affirmed that “personal gripes” made by employees are unprotected by federal labor law. This decision comes from the NLRB’s regional office in…more

Administrative Law Judge (ALJ), Collective Actions, Federal Labor Laws, Former Employee, Former Employer

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Transportation Snapshot Takes Deeper Dive into Industry Attitudes Related to Economic Uncertainty

The news that the economy has shrunk for a second straight quarter seems not to be affecting most businesses in the transportation sector. In fact, the results of our FP Flash Survey on Economic Uncertainty revealed that…more

Economic Downturn, Employee Benefits, Hiring & Firing, Surveys, Transportation Industry

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Could the Collective Association Provide an Alternative to Employment Status for Student-Athletes? 5 Tips for Universities

An alternate solution to the ever-increasing push to make collegiate student-athletes employees may finally be on the horizon. The lack of uniformity in state name, image, and likeness (NIL) laws has created an uneven playing…more

College Athletes, Colleges, Hiring & Firing, Name and Likeness, NCAA

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13 More Pennsylvania Counties Will Move to Yellow Phase of Reopening

Governor Wolf announced on Friday that 13 additional Pennsylvania counties will move to the yellow phase of Pennsylvania’s staggered reopening plan, continuing a slow and steady strategy to permit businesses to get back to work…more

Coronavirus/COVID-19, Employer Responsibilities, Governor Wolf, Health and Safety, Infectious Diseases

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Top Workplace Law Stories You May Have Missed from April 2023

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 for the past few years — and this past month…more

Artificial Intelligence, Automation Systems, California Consumer Privacy Act (CCPA), Department of Labor (DOL), Enforcement

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The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and…more

Age Discrimination, Anti-Harassment Policies, Burden of Proof, Colorado, Coronavirus/COVID-19

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5 Employer Takeaways as Nevada Law Expanded to Include Protection for Natural Hairstyles

Nevada has just joined the ranks of several other states that have recently enacted laws prohibiting discrimination in workplace and educational settings based on traits frequently associated with race such as hair texture and…more

Anti-Discrimination Policies, Civil Rights Act, Collective Bargaining Agreements (CBA), Employee Rights, Employee Training

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7 Things Employers Couldn’t Say About Unions if NLRB’s General Counsel Has Her Way

When the National Labor Relations Board’s General Counsel stealthily released a series of older Advice Memoranda at the end of January, she sent a not-so-subtle hint to employers: the Board will soon be taking a tougher stance…more

NLRB, NLRB General Counsel, Union Elections, Union Organizers, Unions

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Supreme Court Dismisses Another Challenge To The Affordable Care Act

Thanks to a ruling yesterday by the U.S. Supreme Court, the Affordable Care Act remains fully intact and will remain the law of the land for the foreseeable future. In a 7-to-2 vote, the Court dismissed a case that challenged…more

Affordable Care Act, Article III, California v Texas, Commerce Clause, Corporate Counsel

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Strict Privacy and Data Security Bill Introduced in North Carolina

Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Arizona Directs Additional Businesses To Cease Operations

In response to the COVID-19 coronavirus outbreak, Arizona Governor Ducey issued a “Stay Home, Stay Healthy, Stay Connected” order last week requiring all Arizonans to limit their time away from their home or place of residence…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Ducey, Health and Safety

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Combatting Corporate Espionage In The Digital Age

In the modern age of relatively cheap and ever-evolving technology, corporate espionage is a real threat that could be perpetrated by any employee or other insider at any time. The term “corporate espionage” covers many…more

Confidential Business Information (CBI), Customer Information, Data Privacy, Data Protection, Data Security

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Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers are…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employee Incentive Plans, Employer Liability Issues

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Weekly Checklist: How Stay Interviews Can Help Curb Career Cushioning

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace relations…more

Employee Retention, Hiring & Firing, Human Resources Professionals, Interviews, Recruitment Policies

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Yet Another Court Upholds Workplace Vaccine Mandate: What Your Organization Can Take From New York City Schools Litigation

Challenges to employer-instituted vaccine mandates have become ubiquitous across the country this year, as some employees claim they should not have to get vaccinated against COVID-19 in order to keep their jobs. Also nearly…more

Colleges, Constitutional Challenges, Coronavirus/COVID-19, Department of Education, Educational Institutions

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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, Fair Labor Standards Act (FLSA), Minimum Wage, New Legislation, Wage and Hour

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Inspiring Inclusion on International Women’s Day: 10 Ways to Empower Women in the Workplace

The theme of International Women’s Day this year is “Inspire Inclusion.” While it is important to consider the inclusivity and diversity of our workplaces year-round, IWD — which takes place annually on March 8 — is a perfect…more

Diversity, Employee Retention, Employee Training, Employment Policies, Equal Pay

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Washington Governor Imposes New Workplace Requirements And Delegates Reopening To Counties

Washington Governor Inslee recently modified the statewide phased reopening plan with a Safe Start County-by-County plan – while also imposing new requirements on all employers by industry. The new plan gives individual counties…more

Coronavirus/COVID-19, Employer Responsibilities, Governor Inslee, Health and Safety, Infectious Diseases

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Noncompete Reform Continues in New England: Maine, New Hampshire, and Rhode Island All Pass New Laws

Noncompete reform continues to crop up in New England. We previously wrote about comprehensive reform in Massachusetts late last year, and now three more states have passed legislation in recent weeks. All three states – Maine,…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Hiring & Firing, Low-Wage Workers

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Cussing Cheerleader Wins SCOTUS Free Speech Case, Creating Headaches for Public Schools Dealing with Off-Campus and Social Media Messages

By an 8-to-1 vote, the U.S. Supreme Court affirmed today that public schools might have an interest in regulating student speech, but the leeway the First Amendment grants to schools is diminished in the off-campus context…more

Disciplinary Proceedings, First Amendment, Mahanoy Area School District v B.L., Public Schools, SCOTUS

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Are You Aware of New Options for Remote I-9 Completion? 11 Best Practices for Employers

Every U.S. employer must verify employees’ identity and eligibility to work – and while this process has generally been done in person, the federal government recently gave another option for qualified E-Verify employers to…more

Best Practices, E-Signatures, E-Verify, Employment Eligibility Verification, Form I-9

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New California Background Check Requirements Take Effect October 1: The 7 Things Every Employer Needs to Know

California employers will need to make changes to their background check and criminal history review process thanks to new Fair Chance Act regulations taking effect October 1. You should begin to prepare now for these new…more

California, Conditional Job Offers, Criminal Background Checks, Fair Chance Act, Hiring & Firing

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Pay Equity: The Global and Domestic Push To Bridge the Gap

It is no secret that pay inequity has plagued the United States and abroad for as long as women have been in the workforce. Although the U.S. and other countries have had laws on the books, in many cases for decades, prohibiting…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Fair Pay Act, Gender-Based Pay Discrimination

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California Finally Clarifies Key Paid Sick Leave Discrepancy for Part-Time Employees

California employers recently got some welcome news when state regulators clarified the method by which you should apply new paid sick leave benefits to part-time employees. Without much fanfare or public announcement, the…more

California, Corporate Counsel, DLSE, Employee Benefits, Paid Sick Leave

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The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their wages…more

Employer Liability Issues, Employment Litigation, Liquidated Damages, New York, Private Right of Action

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NYC Lawmakers Consider Broad Non-Compete Ban: What Businesses Need to Know

After a failed attempt to ban non-compete agreements statewide last year, New York City legislators are now poised to take matters into their own hands. Just weeks ago, the New York City Council unveiled a trio of proposed bills…more

Employment Contract, Freelance Workers, Hiring & Firing, Low-Wage Workers, Non-Compete Agreements

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

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5 Things for Dealerships to Check Up on in 2022

It’s time for a checkup – and no, we’re not just talking about Omicron. After all, we’re not medical doctors over here at Fisher Phillips. And, for the most part, you won’t catch us in white lab coats. But we are here to give…more

Background Checks, Car Dealerships, Coronavirus/COVID-19, Drug Testing, Employee Handbooks

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Will New Jersey Become the ‘Garden Leave’ State? Proposed Legislation Would Set Strict Rules for Non-Competes Including Full Pay Requirement

New Jersey recently joined a growing number of states that have taken legislative efforts to significantly limit the enforceability of post-employment restrictive covenant agreements – such as non-compete and non-solicitation…more

Former Employee, Fringe Benefits, Garden Leave, Hiring & Firing, New Jersey

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The Visa Bulletin for March: Final Action Charts and an Employer’s Immigration Action Plan

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight…more

Adjustment of Status, EB-1, EB-2, EB-3, Filing Deadlines

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First Shot Fired: EEOC Files First Pandemic-Related Remote Work Discrimination Lawsuit

After the COVID-19 pandemic required many employers to implement remote work arrangements (both to continue their operations and to comply with new state and federal regulations), many employers – and employment lawyers – have…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, Disability Discrimination, Employer Liability Issues

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Super Bowl Predictions! (And Some Workplace Advice for Employers While We’re At It)

Matt Carpenter: The 49ers will finally be able to shake off the Chiefs, winning their sixth Lombardi Trophy in a 31-24 game. Brock Purdy will go from Mr. Irrelevant to Super Bowl MVP, leading to an Academy Award-winning film in…more

Dress Codes, Employment Policies, Productivity, Sports Gambling, Super Bowl

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Labor Board Overhauls Representation Process to Boost Union Organizing: Your 8-Step Plan to Respond

The NLRB just drastically changed how employers can respond to union recognition demands by creating a new framework that will determine when employers are required to bargain with unions without a representation election. The…more

Bargaining Units, NLRB, Secret Ballot, Unfair Labor Practices, Union Elections

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An Employer’s Guide to the Potential Railroad Strike Ahead

Only hours before 100,000 railroad workers across the United States were set to go on strike in September, President Biden announced that his administration had facilitated a tentative agreement to prevent the walk-off. For good…more

Biden Administration, Railroads, Railway Labor Act, Strike, Unions

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ChatGPT Presents Opportunities for Schools — But Be Sure to Think Through These Pros and Cons

Have you heard about ChatGPT? Your students definitely have, and they are probably already using it. ChatGPT is a new artificial intelligence (AI) chatbot developed by OpenAI. This new technology has the potential to…more

Artificial Intelligence, Colleges, Educational Institutions, Professors, School Districts

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Labor Board Overhauls Representation Process to Boost Union Organizing: Your 8-Step Plan to Respond

The NLRB just drastically changed how employers can respond to union recognition demands by creating a new framework that will determine when employers are required to bargain with unions without a representation election. The…more

Bargaining Units, NLRB, Secret Ballot, Unfair Labor Practices, Union Elections

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Court Halts Enforcement of Equal Benefits (But Not Equal Pay) Rules for Illinois Staffing Agencies and Their Clients: 3 Major Takeaways

A group of staffing associations and agencies successfully stopped the Illinois Department of Labor from enforcing parts of the new requirements meant to heighten equal pay rights under the state’s Day and Temporary Labor…more

Employee Benefits, Equal Pay, Illinois, New Amendments, Staffing Agencies

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Data Breach Liability for Pennsylvania Employers Expands – Pennsylvania Supreme Court Holds that Employers Have a Duty of Care to Protect and Secure Employee Data

Data breach liability for Pennsylvania employers of all sizes expanded with a recent Pennsylvania Supreme Court decision in Dittman v. UPMC. __ A.3d __, No. 43 WAP 2017, 2018 WL 6072199 (Pa. 2018). The Pennsylvania Supreme…more

Breach of Duty, Cybersecurity, Data Breach, Data Protection, Data Security

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7 Steps to Comply with the CCPA

Getting into compliance with the California Consumer Privacy Act (CCPA) can seem like an overwhelming task. After all, the law is comprised not only of a dense statute and detailed regulations, but the amendment effective…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy

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Texas Begins Reopening Businesses; Employers May Be Required To Provide Face Coverings

Texas Governor Greg Abbott issued a series of executive orders on April 17 aimed at beginning the process of reopening the state’s businesses. In three orders, Governor Abbott loosened certain business restrictions contained in…more

Coronavirus/COVID-19, Employer Liability Issues, Executive Orders, Governor Abbott, Health and Safety

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How Employers Can Avoid Employment Fumbles and Win on Super Bowl Sunday

The stage has been set for Super Bowl LVI on February 13 – the Cincinnati Bengals will be playing the Los Angeles Rams in the Rams’ home stadium. This game is annually the most watched television broadcast event, with over 90…more

Attendance, Dress Codes, Employment Policies, Lost Productivity, Sports Gambling

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SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to the…more

ADEA, Affirmative Action, Age Discrimination, Americans with Disabilities Act (ADA), Chevron Deference

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Businesses Need To Revamp And Revise CCPA Notices As 2020 Comes To A Close

The COVID-19 pandemic has changed all manner of business procedures over the course of this past year, but one area you may not immediately recognize that needs to be immediately addressed relates to mandatory privacy…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Coronavirus/COVID-19, Corporate Counsel, Data Collection

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7-Step Framework to Comply With Australia’s New Guidelines Requiring “Positive Duty” to Prevent Workplace Sex Discrimination

When the Australian parliament passed the Anti-Discrimination and Human Rights Legislation bill late last year, it introduced a new “Positive Duty” on employers to not only respond to but take proactive steps to prevent…more

Anti-Discrimination Policies, Australia, Human Rights, New Legislation, Sex Discrimination

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USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national…more

B-1, E-2, E-3, Employment Authorization Documents (EAD), Foreign Nationals

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Top 5 Data Security and Privacy Trends Revealed by Feds – and 5 Proactive Steps Employers Can Take Today

The United States Cybersecurity & Infrastructure Security Agency (CISA) recently issued a Joint Advisory providing an overview of 2021 ransomware trends, noting several key developments that employers should take note of. The…more

Cyber Attacks, Cyber Threats, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Privacy

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Court Orders Employer to Jail Unless He Complies with Union Fringe Benefit Fund Audit Request

Employers are far behind the eight ball when union fringe benefit funds come knocking to audit or collect claimed delinquent contributions – and a recent decision from an Oregon federal judge means that employers could face jail…more

Audits, Books & Records, Collective Bargaining Agreements (CBA), Corporate Counsel, Employee Benefits

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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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Just Where Was Your Employee Injured And Why It Matters: Workers’ Compensation And The “Coming And Going” Rule

Think of the typical office employee who commutes to their job by driving to and from work every day. Say this unfortunate employee gets into a motor vehicle accident on the way to or from work. Is this a compensable workers’…more

Employer Liability Issues, Going and Coming Rule, State Labor Laws, Workers' Compensation Claim, Workplace Injury

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Epic Win: Supreme Court Saves Employment Arbitration As We Know It

To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are, in…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Japanese Transgender Worker’s Harassment Case Victory Could Signal Change: 4 Steps to Consider

In what has been deemed a rare and landmark case, Japanese labor authorities have recognized Sexual Orientation and Gender Identity (SOGI) harassment as a work-related disease eligible for workers’ compensation benefits for the…more

Corporate Counsel, Gender Identity, Japan, LGBTQ, Popular

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The “Do Not Disturb” Movement: A Right To Disconnect? Or A Disconnection From Reality?

In today’s business climate, work always seems to be on the mind. But should it be? According to the Bureau of Labor Statistics, the productivity of the average American worker has skyrocketed by an astounding 400% since 1950…more

Do Not Disturb, Employee Rights, Employment Policies, Hiring & Firing, Off-Duty Employee Access

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SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to the…more

ADEA, Affirmative Action, Age Discrimination, Americans with Disabilities Act (ADA), Chevron Deference

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Is It Time for Change? 5 Reasons Your Dealership May Want to Change Your Employee Handbook for 2023

‘Tis the season for change. The weather is changing. The leaves are changing (or have changed). Twitter is changing. The political landscape is changing. Employment laws have changed or will be changing. The calendar will be…more

Car Dealerships, Employee Benefits, Employee Handbooks, Employment Policies, NLRA

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Whiplash: How To Manage During Joint Employer Uncertainty

The standard for determining joint employment status has been in a state of near-constant flux for more than three years. The back-and-forth has subjected employers to much indigestion when trying to determine which employees…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Employment Contract, Employment Policies

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Colorado and Washington Likely to Join Growing List of States Banning Captive Audience Meetings: 5 Steps Employers Can Take to Comply

Colorado and Washington will likely become the latest states to ban employers from holding mandatory meetings with employees concerning religious or political matters. Such employer-sponsored meetings, known as “captive audience…more

Anti-Retaliation Provisions, Colorado, Employer Liability Issues, NLRA, NLRB

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Does Erosion of Noncompetes in the DMV Herald a National Trend?

Noncompetition agreements are common tools used by employers to prevent former employees from unfairly competing against them. Traditionally, many states have allowed employers to require employees to sign noncompetes as long as…more

Confidentiality Agreements, Employment Contract, Former Employee, Hiring & Firing, Low-Wage Workers

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What Every California Cannabis Employer Needs To Know About Labor Unions

California was one of the first states to establish a uniform regulatory and licensing regime for medical and adult-use cannabis. A key component of the state law is that an applicant for a cannabis license must enter into a…more

Cannabis-Related Businesses (CRBs), Collective Bargaining Agreements (CBA), Employer Liability Issues, Employment Policies, Labor Regulations

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

SCOTUS Preserves DACA Program, Keeping Workplaces Intact For Now

By a 5-4 vote, the U.S. Supreme Court ruled today the Trump administration did not provide adequate and appropriate justification to terminate the Deferred Action for Childhood Arrivals (DACA) program, preserving the ability of…more

Administrative Procedure Act, Arbitrary and Capricious, Citizenship, DACA, Department of Homeland Security (DHS)

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

SCOTUS Decision Ushers in The “Gates Up or Down” Era For Employers Seeking to Protect Workplace Computers and ESI - The Post-Van Buren Workplace and The Computer Fraud And Abuse Act

The U.S. Supreme Court has once again defined the rules of the road for millions of employers and employees in the American workplace with its recent decision in Van Buren v. United States. The Court’s opinion resolved…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Are You Aware of New Options for Remote I-9 Completion? 11 Best Practices for Employers

Every U.S. employer must verify employees’ identity and eligibility to work – and while this process has generally been done in person, the federal government recently gave another option for qualified E-Verify employers to…more

Best Practices, E-Signatures, E-Verify, Employment Eligibility Verification, Form I-9

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SCOTUS Predictions: Justices Will Say Lateral Job Transfers Can Be Unlawful - But Ruling Will Be Limited

The Supreme Court may soon clarify whether an employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – violates federal civil rights law if it’s done for discriminatory reasons. Federal…more

Adverse Employment Action, Civil Rights Act, Corporate Counsel, Employee Transfers, Employer Liability Issues

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What Every North Carolina Employer Needs to Know About Restrictive Workplace Covenants (Part 3)

This is the third Insight in a three-part series that discusses restrictive covenant agreements in North Carolina... This Insight will address considerations for enforcing restrictive covenant agreements on departing employees…more

Confidential Information, Employment Contract, Former Employee, Hiring & Firing, Non-Compete Agreements

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Third Time Could Be The Charm For Consumer Privacy Legislation In Washington – The Continued Saga Of The Washington Privacy Act

Businesses across Washington state – and those that do business there – might want to brace themselves for another round of debate that could lead to the passage of California-style privacy legislation in 2021. After failures…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy, Legislative Agendas

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From DEI to DEIA: How to Incorporate Accessibility into Your Diversity, Equity, and Inclusion Plan

If you work in the DEI space, then you’re likely familiar with recent efforts to add “accessibility” to diversity, equity, and inclusion programs. Even if the term “DEIA” is new to you, your organization may be looking for ways…more

Accessibility Rules, Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Delaware Passes Consumer Privacy Law: 10 Things Businesses Need to Know

Delaware businesses should begin preparing for a new law that will provide consumers with privacy rights over their personal data collected by covered entities and impose a series of related requirements on those entities…more

Consumer Privacy Rights, Data Collection, Data Controller, Data Privacy, Delaware

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Manufacturing Snapshot: Survey Reveals Industry Benefits From Mexican Expansion – But Needs Help Doing So

Our recent FP Flash Survey on business expansion into Mexico (full summary here) revealed noteworthy data about employer attitudes and experiences operating south of the border – and this topic was of particular interest to the…more

Business Expansion, Labor Reform, Manufacturers, Manufacturing Facilities, Mexico

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Labor Board’s Finalized Joint Employer Rule Ensures More Workers Will Seek Union Membership: Your 10-Step Plan

The National Labor Relations Board just released its final joint employer rule that makes it easier for workers to be considered employees of more than one entity for labor relations purposes – a move that will result in…more

Collective Bargaining, Final Rules, Hiring & Firing, Joint Employers, Labor Relations

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Defending Workplace Antitrust Investigations: Your 7-Step Response Plan When the FTC Serves Your Company with a CID

Many in-house counsel and employment lawyers have not dealt with the Federal Trade Commission, which historically has focused on antitrust issues and product markets – but that is fast changing, and that means you need to adjust…more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Enforcement Actions, Federal Trade Commission (FTC)

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Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

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Federal Appeals Court Makes Clear that New York’s Equal Pay Law is Stricter than Federal Law: What Employers Need to Know

A federal appeals court recently made clear that judges must evaluate equal pay claims separately under federal law and New York’s separate equal pay law because the scope of the NY law is broader and could capture more legal…more

Achieve Pay Equity Act (APEA), Appeals, Employer Liability Issues, Equal Pay, Equal Pay Act

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3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome. Moreover,…more

Confidential Information, Former Employee, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration…more

Biden Administration, Collective Bargaining, Collective Bargaining Agreements (CBA), Construction Industry, Construction Project

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Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

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Top Workplace Law Stories You May Have Missed from April 2023

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 for the past few years — and this past month…more

Artificial Intelligence, Automation Systems, California Consumer Privacy Act (CCPA), Department of Labor (DOL), Enforcement

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

SCOTUS Vaccine Aftermath: What Should Employers Do Now?

The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded Tuesday by shelving the emergency rule altogether. In some ways, these two developments mean that the pathway for employers…more

Coronavirus/COVID-19, Corporate Counsel, Employer Mandates, Employment Policies, Masks

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Returning Employees To Work Following Unemployment Requires A Tailored 10-Step Plan Of Action

As businesses gradually begin to ramp up and bring employees back to work, you may soon need to figure out what to do when employees who are receiving unemployment benefits refuse to return to work. After all, they may be…more

Coronavirus/COVID-19, Hiring & Firing, Layoffs, Return-to-Work Agreements, Unemployment Benefits

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Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher Phillips…more

Appeals, Citations, Complaint Procedures, Discovery, Electronic Records

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Labor Department Creates New Options For Employers To Electronically Distribute Retirement Plan Notices

The Department of Labor recently issued a new rule providing an additional safe harbor for electronic disclosure of pension plan notices effective July 27, 2020. Prior to the new rule, the DOL’s only safe harbor for electronic…more

Benefit Plan Sponsors, Department of Labor (DOL), Disclosure Requirements, Electronic Disclosure, Employee Benefits

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Labor Board’s General Counsel Imposes Additional Burdens on Employers Responding to Union Recognition Demands: 6 Takeaways for Your Business

In the aftermath of a game-changing NLRB decision that drastically changed how employers can respond to union recognition demands, the Board’s General Counsel recently issued a guidance memorandum offering important insight into…more

Bargaining Units, Corporate Counsel, Memorandum of Guidance, NLRB, NLRB General Counsel

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Florida’s “Stop WOKE” Act Struck Down on Appeal: What Employers Need to Know

A recent federal appeals court decision likely puts an end to a two-year battle impacting Florida employers and their workplace diversity, equity, and inclusion training. The 11th U.S. Circuit Court of Appeals ruled on March 4…more

Appeals, Diversity, Diversity and Inclusion Standards (D&I), Employee Training, First Amendment

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Beware Vendors Bearing Gifts: The 5 Things That Should Be in Your Gifts and Entertainment Policy

It’s the holiday season and your company’s purchasing manager received a bottle of wine from a longtime vendor. You think, “No problem, it’s just a bottle of wine.” A week later you learn that it was actually an extremely rare…more

Corporate Gifts, Corporate Governance, Ethics, Holiday Gifts, Meals-Gifts-and Entertainment Rules

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Dazed But Less Confused: New Jersey Releases Workplace Guidance on New Recreational Cannabis Law

Almost six months after New Jersey approved the sale of recreational cannabis use, state authorities have just released Interim Guidance on workplace impairment outlining how employers should address employees’ suspected…more

Adverse Employment Action, Drug Testing, Employer Liability Issues, Employment Policies, Interim Guidance

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EEOC Says Discrimination Against Caregivers Can Violate Employment Discrimination Laws: Five Takeaways for Employers

Although COVID-19 cases have been steadily decreasing recently, human resources personnel, corporate in-house counsel, and front-line managers continue to grapple with issues surrounding employees’ caregiving obligations in the…more

Caregivers, Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher Phillips…more

Appeals, Citations, Complaint Procedures, Discovery, Electronic Records

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The Cybersecurity Threat of COVID-19

As people across the world react to the rapid spread of COVID-19, a new threat is emerging; individuals and employers face a risk from hackers trying to take advantage of the demand for information. Hackers have begun using fake…more

Coronavirus/COVID-19, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

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Massachusetts Again Proposes Amendments To Paid Family and Medical Leave Regulations

The Massachusetts Department of Family and Medical Leave (DFML) recently released proposed amendments to the Commonwealth’s Paid Family and Medical Leave regulations, marking yet another proposed change to the state’s nascent…more

Coronavirus/COVID-19, Employee Benefits, Family and Medical Leave Act (FMLA), Paid Leave, Proposed Amendments

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Supreme Court’s Same-Sex Wedding Cake Decision Does Not Grant Right To Discriminate

In a 7-to-2 decision, the Supreme Court ruled today that a baker’s Free Exercise Clause rights under the Constitution were not properly considered by the Colorado Civil Rights Commission when it held that he was legally required…more

Administrative Agencies, Anti-Discrimination Policies, Corporate Counsel, Free Exercise Clause, Free Speech

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California Governor Confirms Unionization of Agricultural Employees Through “Card Check” Process: Your Top 3 Takeaways

Governor Newsom recently signed a bill into law clarifying that a single alternative to the traditional secret ballot method – an alternative known as the “card check” election – may be used for unions to organize at…more

Agricultural Workers, California, Governor Newsom, New Legislation, Secret Ballot

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New Year's Resolution? Review Your Sales Pay Plan

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

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

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

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

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

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Fisher Phillips Victory Serves As First Blow In One-Two Punch Against Strict Reading Of Vehicle Reimbursement Law

In a win secured by members of Fisher Phillips Wage and Hour Law Practice Group, a Colorado federal court just held that employers may “reasonably approximate” vehicle-related expenses for reimbursement purposes under federal…more

Anti-Kickback Statute, Covered Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Free and Clear Transactions

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California Supreme Court Boosts PAGA Claimants’ Rights in Highly Anticipated Decision: 5-Step Action Plan for Employers

The California Supreme Court ignored guidance from the U.S. Supreme Court Monday when it ruled that employees can still proceed with parts of their lawsuits against employers even if the PAGA portions of their claims are…more

Arbitration, Arbitration Agreements, CA Supreme Court, Employer Liability Issues, Employment Litigation

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Email Privacy Act Headed For U.S. Senate Consideration

On July 13, 2018, over 50 civil liberties groups, technology companies, and associations submitted a joint letter to Congress in support of the Email Privacy Act (EPA), which was recently included in the House-passed version of…more

Cloud Service Providers (CSPs), Criminal Investigations, Data Storage, e-Discovery, ECPA

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Supreme Court: Small Public Employers Now Subject To ADEA - Is This A Prelude To Individual Liability?

In a unanimous 8-0 decision, the United States Supreme Court issued its first ruling of the new term yesterday and delivered a blow to small public-sector employers fending off age discrimination lawsuits. The Court ruled that…more

ADEA, Age Discrimination, Mount Lemmon Fire District v Guido, Public Employees, Public Employers

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Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, Manufacturers

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What Employers Need To Know About SCOTUS Nominee Amy Coney Barrett

President Trump officially selected Judge Amy Coney Barrett to fill the empty seat on the Supreme Court bench, filling the vacancy caused by Justice Ruth Bader Ginsburg’s death. Assuming she is confirmed by the Senate, Judge…more

Arbitration, Class Action, Collective Actions, Confirmation Proceedings, Corporate Counsel

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California Determined to Take Lead on AI Regulation: A Glance at The State’s Proposed Artificial Intelligence Rules

California wants to rein in artificial intelligence – and that means employers and businesses need to step up and pay attention. State lawmakers are considering more than 30 AI-related bills across a wide range of topics while…more

Access to Information (ATI), Algorithms, Artificial Intelligence, California, Consumer Privacy Rights

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Top 5 Vaccine Takeaways From New California DFEH Guidance

After patiently waiting for COVID-19 vaccine guidance in California, employers now have some clarification from California’s Department of Fair Employment and Housing (DFEH). As somewhat expected, the DFEH’s guidance issued…more

Coronavirus/COVID-19, DFEH, Employer Liability Issues, Employment Policies, Infectious Diseases

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Tennessee Veterans Have New Employee Leave Rights

Without much fanfare, Tennessee has a new employee rights law on the books providing veterans with the guaranteed right to take an unpaid day off from work on Veteran’s Day – November 11. This new law was passed by the state…more

Employee Benefits, Employee Rights, Holiday Leave, New Legislation, State Labor Laws

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California Employers with Warehouse Distribution Centers Face First-in-Nation Law Regulating Production Quotas

California Governor Gavin Newsom just signed into effect a first-in-the-nation law that specifically targets warehouse distribution centers with complicated restrictions that regulate the use of production quotas. While much of…more

Adverse Employment Action, Anti-Retaliation Provisions, Corporate Counsel, Distribution Centers, Employer Liability Issues

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NYC Lawmakers Consider Broad Non-Compete Ban: What Businesses Need to Know

After a failed attempt to ban non-compete agreements statewide last year, New York City legislators are now poised to take matters into their own hands. Just weeks ago, the New York City Council unveiled a trio of proposed bills…more

Employment Contract, Freelance Workers, Hiring & Firing, Low-Wage Workers, Non-Compete Agreements

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Canada: BC Supreme Court Upholds Mandatory Vaccination Policy for Non-Unionized Employees

The British Columbia Supreme Court recently sided with an employer in its first civil case determining whether employees may be placed on unpaid leave for failing to comply with a mandatory vaccination policy. The court’s…more

British Columbia Supreme Court, Canada, Coronavirus/COVID-19, Employment Litigation, Employment Policies

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Vulnerable Vendors: Automakers’ Data Breach Highlights Importance of Vendor Cybersecurity

This summer, several automakers, including Tesla, Toyota, General Motors, Ford, and Volkswagen learned that their closely held trade secrets were readily available on the internet. The source? An unprotected back-up server. The…more

Automotive Industry, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase…more

Affirmative Action, Background Checks, Blockchain, Coronavirus/COVID-19, Corporate Counsel

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Common Cents: New Trend of Wage Statement Wins for Employers in California and Federal Courts

The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private…more

Corporate Counsel, Employer Liability Issues, Employment Litigation, Labor Code, Labor Law Violations

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

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New Privacy Protections Introduced in Illinois

Illinois has introduced new workplace privacy legislation governing the use of artificial intelligence during the job interview process. The state legislature unanimously passed the Artificial Intelligence Video Interview Act…more

Artificial Intelligence, Biometric Information, California Consumer Privacy Act (CCPA), Cybersecurity, Data Collection

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SCOTUS Leaves Businesses Hanging: Your 4-Step Plan to Avoid ADA Accommodation “Tester” Cases

After waiting nearly a year for a decision that would have provided businesses with some much-needed clarity (and hopefully some relief), the Supreme Court tossed from its docket a case involving a legal “tester” who “surfed by”…more

Acheson Hotels LLC v Laufer, Americans with Disabilities Act (ADA), Disability Discrimination, Dismissals, Failure to Accommodate

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Transportation Snapshot Takes Deeper Dive into Industry Attitudes Related to Economic Uncertainty

The news that the economy has shrunk for a second straight quarter seems not to be affecting most businesses in the transportation sector. In fact, the results of our FP Flash Survey on Economic Uncertainty revealed that…more

Economic Downturn, Employee Benefits, Hiring & Firing, Surveys, Transportation Industry

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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, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Are "Draws" Against Commissions Unlawful "Kick-Backs"?

Media reports have mistakenly suggested that a recent decision by the Sixth Circuit U.S. Court of Appeals (Kentucky, Michigan, Ohio, and Tennessee) found the federal Fair Labor Standards Act to prohibit recouping a draw or…more

Appeals, Collective Actions, Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA)

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FP’s Interactive Union Organizing Activity Map Reveals 4 Key Trends

While you may think labor unions only impact large corporations or specific industries, FP’s new Union Organizing Activity Map actually shows that smaller businesses are more likely to confront an organizing drive. The map also…more

Corporate Counsel, Labor Relations, Union Elections, Union Membership, Union Organizers

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Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage…more

Business Operations, Corporate Counsel, Employee Benefits, Employer Liability Issues, Furloughs

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Proposed Regulations Impact Retirement Plans for Certain Part-Time Employees: FAQs for Employers

Employers that sponsor 401(k) or 403(b) plans should be aware of eligibility and participation rules for their long-term, part-time (LTPT) employees. Historically, such plans could exclude employees who worked fewer than 1,000…more

401k, 403(b) Plans, Benefit Plan Sponsors, Eligibility, Employee Benefits

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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

Administrative Interpretation, Advocate Health Care v Stapleton, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Benefit Plan Sponsors

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California Appeals Court Provides Roadmap for Healthcare Employers to Defeat Discrimination Claims Over Vaccine Mandates

A California Court of Appeal recently delivered valuable guidance for healthcare employers who had or continue to have vaccination mandates. In Hodges v. Cedars-Sinai Medical Center, the court concluded that a hospital did not…more

Disability Discrimination, Employer Mandates, Employment Litigation, Employment Policies, Healthcare Workers

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AI in Education: How Modern Schools are Navigating the AI Revolution with Administrators, Teachers, and Students

Artificial intelligence – especially the burgeoning Generative AI field where digital platforms help human users create new content from scratch – has opened the door to boundless uses and opportunities. From an employment…more

Artificial Intelligence, Colleges, Educational Institutions, School Districts, School Policies

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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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Employers Beware: New Federal Partnership Shines Spotlight on Workplace Safety and Health Programs

Employers should prepare for increased safety and health enforcement efforts now that federal labor and workplace safety officials have entered a partnership to bolster whistleblower protections. Specifically, the National Labor…more

Employer Liability Issues, Health and Safety, Information Sharing, Memorandum of Understanding, NLRB

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OSHA To Hold Informal Meeting In Preparation For United Nations Session on Chemicals

OSHA announced yesterday that registration is open for an upcoming open informal public meeting to discuss proposals in preparation for the 38th session of the United Nations Sub-Committee of Experts on the Globally Harmonized…more

Classification, Comment Period, Labeling, OSHA, Public Comment

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

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FTC Proposes the End of Employment-Based Non-Compete Agreements

The federal government just announced a proposed rule which would ban non-compete agreements between nearly all employers and all workers — employees, independent contractors, externs, interns, volunteers, apprentices, and even…more

Federal Trade Commission (FTC), Hiring & Firing, Non-Compete Agreements, Non-Disclosure Agreement, Proposed Rules

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SCOTUS Makes it Harder for Employers to Defend Against Whistleblower Retaliation Claims: Key Takeaways for Businesses

The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects financial…more

Burden-Shifting, Employer Liability Issues, Employment Litigation, Retaliation, Sarbanes-Oxley

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Former Employees Who Couldn’t Wait to Leave Their Florida Employer Before Illegally Competing Ordered to Pay Heavy Price

A Florida Circuit Court judge sternly rebuked two former employees of a private South Florida provider of Autism treatment services who began competing illegally with a new employer – while still employed with their old…more

Attorney's Fees, Breach of Contract, Damages, Duty of Loyalty, Employment Contract

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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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Web Exclusive - Still in Limbo - An Update On The Arbitration Ban For Nursing Home Residents

Pre-dispute arbitration agreements are commonly found in customer contracts and employment contracts, including in many nursing home agreements. For those unfamiliar, arbitration is an alternative dispute resolution method to…more

Arbitration, Arbitration Agreements, Health Care Providers, Long Term Care Facilities, Nursing Homes

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Tackling Employee Expense Reimbursements Under New Illinois Law

Illinois employers are collecting receipts and preparing payments to comply with new legislation that requires employers to reimburse employees for business expenses incurred by the employee during the scope of employment…more

Actual Costs, Business Expenses, Company Vehicles, Compensation & Benefits, Employer Liability Issues

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10 Biggest Takeaways for Employers as Federal Appeals Court Expands Scope of Anti-Bias Law

One of the nation’s most conservative federal appeals just opened the door for plaintiffs to file more discrimination charges and lawsuits by expanding the scope of the nation’s primary workplace anti-bias law. The full 5th…more

Anti-Discrimination Policies, Bias, Corporate Counsel, Employer Liability Issues, Employment Discrimination

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Reconsidering Religious Accommodations In Light Of The Pandemic

With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To that…more

Appeals, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Failure to Accommodate

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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? 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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Inspiring Inclusion on International Women’s Day: 10 Ways to Empower Women in the Workplace

The theme of International Women’s Day this year is “Inspire Inclusion.” While it is important to consider the inclusivity and diversity of our workplaces year-round, IWD — which takes place annually on March 8 — is a perfect…more

Diversity, Employee Retention, Employee Training, Employment Policies, Equal Pay

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D.C. Council Amends Non-Compete Law After Backlash – What Employers Need to Know Before October 1

After passing some of the nation’s strictest regulations on employer use of non-compete agreements, the D.C. Council has backtracked on some of the law’s most controversial provisions. Employers who rely on non-competes may…more

Amended Legislation, Employment Contract, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

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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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Snapshot on Manufacturing Industry: 3 Things Employers Need to Know Before Filing Your EEO-1 Reports

Welcome to this edition of the FP Snapshot Manufacturing Industry, where we take a quick snapshot look at recent significant workplace law developments with an emphasis on how they impact employers in the manufacturing industry…more

EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Failure-to-File, Federal Contractors

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Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage…more

Business Operations, Corporate Counsel, Employee Benefits, Employer Liability Issues, Furloughs

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Who Are You? Assessing Employee Skill Sets Through Personality Tests

In Leaders Eat Last, Simon Sinek says “The ability of a group of people to do remarkable things hinges on how well those people pull together as a team.” And anyone who has managed employees can appreciate that varying…more

Best Practices, Employer Liability Issues, Hiring & Firing, Human Resources Professionals, Job Applicants

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When Should Health Plan Sponsors Prepare For The Revised 5500? Right Now!

In July 2016, the U.S. Department of Labor (USDOL), the Internal Revenue Service, and the Pension Benefit Guaranty Corporation released proposed revisions to the Form 5500 Annual Return required for certain ERISA-covered…more

Audits, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their wages…more

Employer Liability Issues, Employment Litigation, Liquidated Damages, New York, Private Right of Action

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Iowa Latest State to Pass Consumer Privacy Law: 5 Things Employers Need to Know

Iowa will soon be the sixth state in the nation with a comprehensive consumer privacy law – but the good news for employers is that it does not apply to data collected in the employment context and does not include a private…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy, Exemptions

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California’s Minimum Wage To Increase Again In January 2024: 5 Things Employers Need to Know

If you’re a California employer just getting used to a $15.50 minimum wage, get ready for more changes. You must now prepare for another increase as the state just announced a $16.00 hourly minimum wage for all employers…more

California, Employer Liability Issues, Minimum Wage, State Labor Laws, Wage and Hour

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Protecting Against the Risk of Trade Secret Exposure Arising from Biotech Industry Collaboration

Biotechnology companies in the healthcare/pharmaceutical realm are in an exceptionally competitive field, with many companies competing against each other for a chance to market similar innovative therapeutics. These companies…more

Best Practices, Biotechnology, Collaboration, Confidential Information, Confidentiality Agreements

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“Nepo Babies” Beyond Hollywood: 4 Tips for Managing Nepotism in the Workplace

Famous parents often smooth the road to stardom for their children — even when their kids have earned a place in Hollywood through talent and hard work. After all, getting an audition is easier for the aspiring actor whose mom…more

Employment Discrimination, Employment Policies, Hiring & Firing, Performance Reviews

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Federal Authorities Warn Employers Against Ransomware Payouts and Offer New Guidance on Preventing and Responding to Cyberattacks

Federal officials have recently warned employers and businesses that they could have insult added to injury if they respond to cyberattacks by making ransomware payments – increasingly requested through cryptocurrency – as such…more

Bad Actors, Best Practices, Cryptocurrency, Cyber Attacks, Cybersecurity

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Fear and Trade Secrets on the Campaign Trail

The Democratic National Committee recently filed a lawsuit against Russia, WikiLeaks, the Trump Campaign, and a bunch of individuals (including Julian Assange, Jared Kushner, and a hacker named “Guccifer 2.0”) that includes…more

Confidential Information, Cybersecurity, Data Protection, Defend Trade Secrets Act (DTSA), Hackers

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Get Ready for D.C.’s New Pay Transparency Law: 5 Top Answers for Employers

Employers in the District of Columbia should review new pay transparency requirements that are expected to take effect this summer and create additional compliance obligations for covered businesses. Mayor Muriel Bowser signed…more

Anti-Retaliation Provisions, Compensation & Benefits, Covered Business, New Legislation, Notification Requirements

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Promise Kept? USCIS Showing Signs of Improving Immigration Processing Times

Earlier this year, federal immigration officials announced concrete measures to reduce the massive backlog of petitions and applications currently pending at the agency’s National Service Centers – but has this promise been…more

EB-1, EB-2, Employment Authorization Documents (EAD), Form I-129, Form I-140 Petitions

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Yahoo Fined $35 Million for Failing to Report Data Breach

On April 24, 2018, the Securities Exchange Commission (SEC) announced a $35 million fine against the company formerly known as Yahoo! Inc. (now known as Altaba, Inc.) for failing to disclose a massive cyber data breach to its…more

Cyber Attacks, Cybersecurity, Data Breach, Enforcement Actions, Failure To Disclose

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5 Key Takeaways for New Jersey Employers and Staffing Agencies as State Issues Proposed Regulations for Sweeping Temp Labor Law

New Jersey employers that rely on temporary labor are one step closer to fully understanding the contours of the groundbreaking temp worker rights law that recently took effect now that state regulators have released proposed…more

Comment Period, Employee Rights, Employer Liability Issues, Hiring & Firing, New Jersey

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Is Unlimited PTO the Answer to Employers’ Great Resignation Concerns? Practical Tips to Unveil a Policy at Your Workplace

A relatively new trend may be key in your employee retention strategy: offering unlimited paid time off to your workforce. Some employers may be nervous about not placing any cap at all on the amount of time your workers can…more

Employee Benefits, Employee Retention, Employment Policies, Paid Time Off (PTO), Sick Leave

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Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to how a…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Health and Safety, OSH Act

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What Employers And Educational Institutions Need To Know About EEOC’s Proposed Guidance On Religious Discrimination

The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and…more

Comment Period, Corporate Counsel, Educational Institutions, Employee Rights, Employer Rights

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The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and…more

Age Discrimination, Anti-Harassment Policies, Burden of Proof, Colorado, Coronavirus/COVID-19

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Many Non-Compete Agreements Violate Federal Law According to NLRB’s Chief Prosecutor: Your Top 7 Questions Answered

Employers should review their non-compete agreements now that the NLRB General Counsel announced that many of them violate federal labor law – regardless of whether you have a unionized workforce. General Counsel Jennifer…more

Corporate Counsel, Federal Labor Laws, NLRA, NLRB, NLRB General Counsel

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Pennsylvania Amends List Of Life-Sustaining Businesses And Outlines Procedures For Seeking Waivers

After ordering all non-life sustaining businesses in Pennsylvania to cease physical operations in a March 18 order, Pennsylvania agreed to delay enforcement of the order until Monday, March 23, at 8 a.m. due to a high volume of…more

Coronavirus/COVID-19, Executive Orders, Governor Wolf, Waivers

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Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the…more

Attorney-Client Privilege, Confidential Information, Disclosure Requirements, Employer Liability Issues, False Claims Act (FCA)

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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, Electronic Communications, Electronic Filing, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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An Employer’s Guide To Managing PTO Donation Requests In The COVID-19 Age

As the pandemic continues to scar wide portions of our society, a number of employees have expressed to their employers an interest in donating their own PTO to help co-workers and community members adversely impacted by…more

Charitable Organizations, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, IRS

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Election Season in the Workplace: Employers’ Essential FAQs for 2024

The coming election year promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the…more

Employer Liability Issues, Employer Rights, Employment Policies, First Amendment, Free Speech

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3 Reminders for Employers Mitigating the Risk of Trade Secret Misappropriation in the Face of Mounting Layoffs

While economists continue to debate the prospects for a recession, layoffs are impacting employees across the U.S., and not just in the technology sector. Given the greater potential for trade secret misappropriation in the…more

Confidential Information, Employment Policies, Former Employee, Hiring & Firing, Intellectual Property Protection

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New Executive Order to Block Businesses From Transferring Data to China and Other Countries of Concern – 4 Steps to Comply

President Biden just issued an Executive Order that will lead to new restrictions on transferring sensitive personal data to China and other “countries of concern” – and it may create massive new compliance obligations for your…more

Attorney General, Biden Administration, China, Data Collection, Data Privacy

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Is Earned Wage Access the Way of The Future? 5 Tips for Employers Seeking to Attract and Retain Talent Through On-Demand Pay

To combat a tight job market and a seemingly shrinking workforce, employers are looking for creative ways to retain and attract talent. An Earned Wage Access policy – a revolutionary employee benefit program that offers…more

Employee Benefits, Employee Retention, Payroll Cards, Wage and Hour, Wage Deductions

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Time is Running Out for Independent Schools to Complete Their EEO-1 Reporting Requirements Before December 5

Schools sometimes forget that they are businesses – and businesses are required to submit workforce demographic data to the Equal Employment Opportunity Commission (EEOC) by December 5 this year. This legal requirement applies…more

Colleges, Educational Institutions, EEO-1, Equal Employment Opportunity Commission (EEOC), Filing Deadlines

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Arizona Has Entered the Chat: Federal Court Rules That Non-Profit Schools Are Not Subject to Title IX

After two federal courts in Maryland and California ruled that private schools were subject to Title IX just by virtue of being non-profit, an Arizona court has weighed in with the opposite view and given hope to schools…more

501(c)(3), Colleges, Educational Institutions, Nonprofits, Private Schools

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PEO Pointers: It’s Reporting Time! Your 3-Step Compliance Plan for Pay Data and EEO-1 Reports

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic:…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Filing Deadlines, Pay Data

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The Virtues And Vices Of Voluntary Attendance Policies In The COVID-19 Era

The COVID-19 pandemic has forced employers to scramble to find novel responses to new workplace challenges, and one such innovation has been the recent rise in voluntary attendance policies. Although these policies often improve…more

At-Will Employment, Attendance, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

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NLRB Deals Blow To Unions’ Ability To Use Fees For Lobbying Purposes

The National Labor Relations Board just decided that private sector unions cannot use fees paid by nonmembers to fund their lobbying efforts. Especially when coupled with last year’s momentous Janus decision at the U.S. Supreme…more

Collective Bargaining, Duty of Fair Representation, First Amendment, Free Speech, Lobbying

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Back To The Future: It’s Time To Prepare For A Rollback Of Employer Rights At The NLRB

As you prepare for the prospect of a Biden presidency, businesses large and small should consider the potential impact on decision-making and regulatory reform at the National Labor Relations Board (NLRB) – whether or not your…more

Biden Administration, Collective Bargaining, Employment Policies, Independent Contractors, Joint Employers

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How to Prepare for New Obligations Under New Jersey’s Unemployment Compensation Law

New Jersey employers should prepare now for significant new reporting obligations under the state’s Unemployment Compensation Law. Recent amendments will require employers to conduct all communications with the New Jersey…more

Electronic Reporting, Employer Liability Issues, Failure to Comply, Hiring & Firing, Layoffs

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Should the Severe Start to Flu Season Lead Your Workplace to Require Flu Shots? 2 Main Considerations for Employers

The Centers for Disease Control and Prevention recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The…more

Employer Mandates, Employment Policies, Infectious Diseases, Reasonable Accommodation, Vaccinations

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The New Hospitality Balancing Act: Leveraging Artificial Intelligence While Showing Care for Your Guests

Hospitality is all about people: making them feel welcome, comfortable, and appreciated. Excellent guest experiences often center around attentive service and a personal touch. So what would happen if some of that human element…more

Artificial Intelligence, Bias, Bots, Data Management, Data Privacy

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Good News for Ohio Employers as Overtime Laws Will Soon Align with Federal Statute

When Ohio Governor DeWine signed Senate Bill 47 into effect on April 6, he handed employers a big win by not only exempting overtime pay for commuting and other off-hours work but also requiring workers to affirmatively “opt in”…more

Class Action, Collective Actions, Fair Labor Standards Act (FLSA), New Legislation, Opt-In

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SCOTUS Predictions: Justices Will Say Lateral Job Transfers Can Be Unlawful - But Ruling Will Be Limited

The Supreme Court may soon clarify whether an employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – violates federal civil rights law if it’s done for discriminatory reasons. Federal…more

Adverse Employment Action, Civil Rights Act, Corporate Counsel, Employee Transfers, Employer Liability Issues

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Here To Stay? 5 Changes to Prepare for as Cal/OSHA Proposes Permanent COVID-19 Standard

Many California employers were hopeful there was an end in sight for COVID-19 requirements – but recent activity from state workplace safety officials means that you will most likely need to comply with pandemic rules for at…more

Cal-OSHA, Coronavirus/COVID-19, Notice Requirements, Proposed Rules, Recordkeeping Requirements

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French Open Tennis Can Teach Employers How to Combat Cyberbullying: A 4-Step Plan

The organizers of the French Open have adopted a unique approach to protect the competing athletes from cyberbullying and harassment – and the steps they take could teach employers some lessons on how to combat cyberbullying at…more

Anti-Bullying Laws, Anti-Harassment Policies, Bullying, Cyberbullying, Zero Tolerance Policies

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California Relaxes COVID-19 Isolation and Testing Requirements: 5 Points for Employers

California may be one of the last states standing with a workplace COVID-19 prevention rule in place — but Cal/OSHA just relaxed its related isolation and testing requirements for employers in light of recent public health…more

Cal-OSHA, Coronavirus/COVID-19, Employer Responsibilities, Occupational Exposure, State Labor Laws

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New Federal Tools Can Help Private Sector Protect Trade Secrets From Cyberattacks – And May Soon Require Reporting

Cybersecurity was undoubtably on the forefront of the agenda for many organizations in 2020 – and 2021 should be no different. The rapid shift to remote work over the past year has led to an increased number of cybersecurity…more

Chief Information Security Officer (CISO), Confidential Information, Cyber Attacks, Cyber Incident Reporting, Cyber Insurance

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August 2020: The Top 17 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 for the past few years—and this past month…more

Department of Labor (DOL), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Families First Coronavirus Response Act (FFCRA), Independent Contractors

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California Governor Confirms Unionization of Agricultural Employees Through “Card Check” Process: Your Top 3 Takeaways

Governor Newsom recently signed a bill into law clarifying that a single alternative to the traditional secret ballot method – an alternative known as the “card check” election – may be used for unions to organize at…more

Agricultural Workers, California, Governor Newsom, New Legislation, Secret Ballot

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It's That Time of Year: Minimum Wage on the Rise in 21 States (Updated)

We previously summarized the state-level minimum wage increases for 2019. As reported, New Jersey subsequently set another increase from $8.85 to $10.00 effective July 1, 2019. We have updated our prior post below, and reference…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Minimum Wage, State Labor Laws, Tip Credit

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Back-To-School FAQs For Educational Institutions During The COVID-19 Era

As the country begins to re-emerge amid the COVID-19 pandemic, whether and when any particular school will be ready to return for the upcoming school year and at what level will depend on the individual school, its location, and…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Employer Responsibilities, Health and Safety

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Are You Properly Paying Your Bell Staff? 5 Top Questions for Hotels that Take a Tip Credit

Hotel staff often include a mix of tipped and non-tipped jobs, but following wage and hour rules isn’t always easy, particularly if employees perform a variety of tasks. Some workers — such as servers and bartenders — may neatly…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Hospitality Industry, Hotels, Minimum Wage

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“M,” “F,” Or “X”? Nonbinary Gender Designations In The Workplace

You are probably familiar with the concept of transgender status and, even if you haven’t already addressed such a situation at your workplace, you probably have a rough idea of how you would handle a situation involving an…more

Anti-Harassment Policies, Birth Certificates, Dress Codes, Driver's Licenses, EEO-1

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Is My Employee’s French Lavender Pumpkin Cinnamon Swirl Air Freshener a Workplace Safety Violation? 5 Steps to Avoid a Fragrance Fiasco

Those in your workplace who use air fresheners are likely confident they are doing everyone a favor – but could an office air freshener actually lead to an OSHA citation against your organization? Read on to find the surprising…more

Air Quality Standards, Citations, Employer Liability Issues, General Duty Clause, OSHA

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Employing Minors in Tennessee – FAQs for Employers

With the labor shortage, you may have started considering expanding your applicant pool to groups of potential employees you had not previously considered, like minors. Even if you have not yet considered hiring minors, you may…more

Child Labor, Employer Liability Issues, Fair Labor Standards Act (FLSA), Hiring & Firing, Minors

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Snapshot on Manufacturing: Top 3 Compliance Challenges Stemming from OSHA and Labor Board Collaboration

Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick snapshot look at recent workplace law developments and examine how they impact employers in the manufacturing industry. In this edition, we’ll…more

Employer Liability Issues, Health and Safety, Manufacturers, Manufacturing Employers, Manufacturing Facilities

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Colorado Update: What the 2022 Election Results Might Mean for Employers

Colorado is no longer a purple state. That much is clear after the results of last Tuesday’s election that saw Democrats win every statewide race on the ballot, maintain control of the state senate, and gain a veto-proof…more

Colorado, Employment Policies, Hiring & Firing, Legislative Agendas, State Labor Laws

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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 Makes It More Difficult for Employers to Deny Religious Accommodations: Your 6-Step Action Plan

Employers now have a higher hurdle to clear when determining whether an employee’s religious accommodation request would cause an undue burden on their business. A mail carrier argued that it was too easy for his employer to…more

Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to the…more

ADEA, Affirmative Action, Age Discrimination, Americans with Disabilities Act (ADA), Chevron Deference

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Getting Unconscious Bias Into Your Company’s Consciousness

If you’re blonde, good-looking, or a man who stands nearly 6 feet tall, lucky you! Financially, you may be doing better than the rest of us. Here’s why: we each make thousands of decisions every day, many of which are informed…more

Bias, Civil Rights Act, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to Know

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Dear Colleague Letter

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Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

See all updates »

Did You Suffer A Data Breach Under Colorado Law? The Answer May Surprise You

If someone accessed your business’s computer systems without your authorization, did you suffer a data breach under Colorado law? Answering this question correctly is critical, because getting it wrong can expose you to…more

Covered Entities, Cybersecurity, Data Breach, Data Protection, Data Security

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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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SCOTUS Punts Question Of Who Decides Arbitrability, Leaving 5th Circuit Decision To Stand

The U.S. Supreme Court just refused to address the question of whether a carve-out in an arbitration agreement exempting certain claims from arbitration also exempts those claims from the agreement’s delegation of arbitrability…more

Arbitration, Arbitration Agreements, Arbitrators, Carve Out Provisions, Certiorari

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5 Tips for Employers to Avoid a Fumble Ahead of Super Bowl Sunday

More than 100 million people are expected to watch Super Bowl LVII on February 12 – including many of your employees. Maybe they’re avid fans or perhaps they’re simply tuning in for the commercials or halftime show. Either way,…more

Attendance, Dress Codes, Employment Policies, Lost Productivity, Sports Gambling

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Feds on Verge of First-Ever Successful Criminal Prosecution in Workplace Antitrust Action: 6 Compliance Tips for Employers

The U.S. Department of Justice appears to be close to reaching a plea deal that would result in the nation’s first-ever successful criminal prosecution of a workplace-related antitrust matter – and it should send a clear message…more

Antitrust Violations, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ), Employer Liability Issues

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Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution

Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic, most…more

Foreign Nationals, Green Cards, Hiring & Firing, National Interest Waiver, PERM

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Is This the End of Employee Timecard Rounding in California? 3 Steps for Employers to Take After Recent Ruling

The California Court of Appeal issued a blow to employers this week by taking yet another step toward eliminating their ability to round employee time punches. Although the California Supreme Court will ultimately weigh in, you…more

California, Employer Liability Issues, Employment Litigation, Rounding, Time Cards

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Deepfake Scammers Steal $25 Million From Company: 5 Ways You Can Avoid Being Victim to Latest AI Nightmare

A group of scammers recently used deepfake technology – now readily available to just about anyone – to trick a finance employee into paying them over $25 million of corporate funds. This might be one of the world’s biggest…more

Artificial Intelligence, Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection

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Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher Phillips…more

Appeals, Citations, Complaint Procedures, Discovery, Electronic Records

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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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Automatic 540-Day Extension of Certain EAD Renewals Will Expire for Foreign National Workers in October: What Should Employers Do to Prepare?

By the end of October, a temporary rule that has been allowing certain foreign nationals to receive an increased period of automatically extended authorization to work in the United States for the past year will expire – and…more

Corporate Counsel, Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, Form I-765

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7 Key Takeaways for Employers as Illinois Passes Groundbreaking Restrictive Covenant Agreement Law

Illinois Governor J.B. Pritzker recently signed a new law into effect that amends the Illinois Freedom to Work Act (IFWA) and creates greater obstacles for employers when it comes to the enforceability of restrictive covenants…more

Corporate Counsel, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

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4 Steps to Prepare for Kenya’s Proposed “Right to Disconnect” Law

Kenya has taken a significant step in addressing the balance between work and personal life by introducing a “right to disconnect” law. The Employment (Amendment) Bill 2022, which is pending before the Kenyan Senate, would give…more

Electronic Communications, Email, Employee Rights, Employment Policies, Kenya

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Employees Can Renew Their H-1B Visas Stateside as of January 29: An Employer’s 4-Point Plan

We told you that stateside H-1B visas were on their way back – and now we have a date. Starting January 29, H-1B visa holders will be allowed to renew their expiring or about-to-expire visas without leaving the U.S. This…more

Foreign Nationals, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, US Department of State

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4 Things Employers Need to Know About the New Noncompete Laws in California

Everyone knows that noncompete agreements are generally unenforceable in California and there’s not much more to be said, right? California lawmakers think differently and thus have taken steps to equip employees with new ways…more

California, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

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Unionized Covid-19 Loan Recipients Face Troubling Non-Abrogation Commitment

In an increasingly desperate business climate, thousands of businesses are expected to apply for emergency loans created by the Coronavirus Aid Relief and Economic Security Act (CARES Act) – but unionized employers may want to…more

Abrogation, Bankruptcy Code, Borrowers, CARES Act, Collective Bargaining

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Calm Waters Run Deep: 10 Action Items to Help Your School Face the Rising Tide of Political Discourse

Yes, we are still talking about this. Despite facing what feels like a rising tide of political discourse in our communities for years, we continue to hear concerns about how schools can balance fostering academic freedom,…more

Colleges, Educational Institutions, Employee Training, First Amendment, Free Speech

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Avoiding Invasion of Privacy Claims When Using Employee Monitoring Software

Computer technology in the workplace is, in many ways, a double-edged sword. It allows for increased efficiency, instant communication, worldwide collaboration, vast data storage, and information security. These real, practical,…more

Employee Monitoring, Employee Privacy Rights, Employer Liability Issues, Employment Policies, Intrusion Upon Seclusion

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EEOC Proposes Updates to Workplace Harassment Guidance: Top 5 Takeaways and Next Steps for Employers

The EEOC recently published its long-awaited proposal to update the agency’s Enforcement Guidance on Harassment in the Workplace, the first update to this crucial document in over 30 years. The proposed guidance, released on…more

Anti-Harassment Policies, Bias, Comment Period, Equal Employment Opportunity Commission (EEOC), Gender Identity

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

OFCCP Launches New Electronic Portal for Construction Contractors

Federal officials recently launched a new online portal allowing construction contractors, federal agency contracting officers, and applicants for construction contract federal assistance a secure electronic means to submit…more

Construction Contracts, Construction Industry, Corporate Counsel, General Contractors, Notification Requirements

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Washington Supreme Court Grants Dairy Workers Overtime Pay As Fundamental Right, Raising Concerns For Agricultural Employers

In a sweeping 5-4 opinion last week, the Washington Supreme Court held that dairy workers are entitled to overtime pay, concluding that a state statutory exemption violated the Washington State Constitution. For the previous 60…more

Agricultural Workers, Dairy Farmers, Employer Liability Issues, Farm Workers, Farms

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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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How Employers Can Avoid Employment Fumbles and Win on Super Bowl Sunday

The stage has been set for Super Bowl LVI on February 13 – the Cincinnati Bengals will be playing the Los Angeles Rams in the Rams’ home stadium. This game is annually the most watched television broadcast event, with over 90…more

Attendance, Dress Codes, Employment Policies, Lost Productivity, Sports Gambling

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California Determined to Take Lead on AI Regulation: A Glance at The State’s Proposed Artificial Intelligence Rules

California wants to rein in artificial intelligence – and that means employers and businesses need to step up and pay attention. State lawmakers are considering more than 30 AI-related bills across a wide range of topics while…more

Access to Information (ATI), Algorithms, Artificial Intelligence, California, Consumer Privacy Rights

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7 Steps Your Business Must Take to Comply with San Francisco’s New High-Risk Environment Vaccine Mandate

San Francisco Mayor London Breed just announced enhancements to the city’s Department of Public Health Order setting forth new vaccination requirements for high-contact indoor business such as gyms, restaurants, bars, and…more

Coronavirus/COVID-19, Covered Employer, Employer Liability Issues, Employment Policies, Health and Safety

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Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas…more

Business Closures, Centers for Disease Control and Prevention (CDC), Charitable Donations, COBRA, Coronavirus/COVID-19

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California Employer on the Hook for Expense Reimbursement During COVID-19 Stay-Home Orders: 4 Key Takeaways

On the heels of a rare win for employers regarding COVID-19 liability, a California appellate court was quick to remind employers in the state that there’s no shortage of pandemic-related requirements still in place. This is…more

Business Expenses, California, Coronavirus/COVID-19, Employer Liability Issues, Labor Code

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August 2020: The Top 17 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 for the past few years—and this past month…more

Department of Labor (DOL), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Families First Coronavirus Response Act (FFCRA), Independent Contractors

See all updates »

The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their wages…more

Employer Liability Issues, Employment Litigation, Liquidated Damages, New York, Private Right of Action

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Illinois Supreme Court Makes Clear that Workers’ Compensation Law Does Not Preempt States’ Biometric Information Privacy Act

Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Employee Privacy Rights, Fingerprints

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5 Steps to Curb COVID Fatigue Among Healthcare Heroes

The COVID-19 pandemic continues to highlight both the heroism of and challenges facing frontline healthcare workers. Like the rest of us, these heroes are still human and are no doubt experiencing fatigue. According to the…more

Coronavirus/COVID-19, Employee Assistance Programs, Health and Safety, Health Care Providers, Healthcare Workers

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Governor Signs Sweeping Changes to Untangle Oregon’s Jumbled Leave Laws: Key Takeaways and a 5-Step Action Plan for Employers

Governor Kotek signed a bill into law today harmonizing Oregon’s overlapping and confusing set of leave laws. The new framework distinguishes different types of leave events under the state’s various laws and stops those leaves…more

Bereavement Leave, Corporate Counsel, Employee Benefits, Leave of Absence, Medical Leave

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5 Reasons Why You Should Hire a Chief AI Officer – and 5 Reasons Why You Shouldn’t

Is it the hottest job in corporate America – or is it a passing fad that will fade away in a matter of months? Either way, 2024 will be the year of the Chief Artificial Intelligence Officer (CAIO). This Insight will briefly…more

Artificial Intelligence, C-Suite Executives, Hiring & Firing

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What Do Employers Need to Know About Gen Z? 6 Tips on Attracting and Retaining Young Professionals

The oldest members of Generation Z are turning 25 this year, which means they are graduating from college, trade schools, master’s programs, even law school – and entering the workforce in rapidly increasing numbers. In fact,…more

Diversity, Employee Benefits, Employee Retention, Employment Policies, Hiring & Firing

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Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against…more

Americans with Disabilities Act (ADA), Class Members, Consent Decrees, Corporate Counsel, Disability Discrimination

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5 Things Employers Should Know About COBRA and Severance Agreements as Layoffs Loom

As we edge into the second quarter of 2024, we continue to see a steady stream of layoff announcements — and employers are still feeling the fallout of pandemic-related hiring frenzies, unpredictable economic conditions, and…more

COBRA, Employee Benefits, Employer Group Health Plans, Hiring & Firing, Layoffs

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Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims

It’s never good news to hear that you have been sued, but lately the flood of COVID-related cases come with something extra – wage and hour claims. In essence, former employees who are retaining counsel for claimed wrongful…more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employment Litigation, Former Employee

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4 Things Employers Need to Know About the New Noncompete Laws in California

Everyone knows that noncompete agreements are generally unenforceable in California and there’s not much more to be said, right? California lawmakers think differently and thus have taken steps to equip employees with new ways…more

California, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

See all updates »

Weekly Checklist: How Stay Interviews Can Help Curb Career Cushioning

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace relations…more

Employee Retention, Hiring & Firing, Human Resources Professionals, Interviews, Recruitment Policies

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Fisher Phillips’ Win Over State OSHA Quota Plan Could Help Employers Across the Country

When Fisher Phillips attorneys recently secured a key victory over a state OSHA plan that was improperly trying to create a quota system to encourage investigators to issue citations and assess penalties, it opened the door for…more

Citations, Employer Liability Issues, Fourth Amendment, OSH Act, OSHA

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How Can Employers Prepare for California’s New Cannabis Laws? Answers to Your Top 4 Compliance Questions

Two new employment-related cannabis laws will soon take effect in California, which may prompt changes to your employee handbooks and workplace policies. One law adds new employee protections for off-the-job cannabis use, and…more

California, Drug Testing, Employee Handbooks, Employment Policies, Hiring & Firing

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Workplace Law Update For Washington Employers, Summer 2018 Edition

Washington’s lawmakers and regulators have not taken a summer holiday this year, remaining active by passing new regulations based on legislation from the last legislative cycle or reacting to new case law by creating new legal…more

Amended Legislation, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues

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Supreme Court Makes It More Difficult for Employers to Deny Religious Accommodations: Your 6-Step Action Plan

Employers now have a higher hurdle to clear when determining whether an employee’s religious accommodation request would cause an undue burden on their business. A mail carrier argued that it was too easy for his employer to…more

Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation, Religious Discrimination

See all updates »

Court Permits Website Accessibility Lawsuit Against Hooters To Proceed

A federal appeals court just breathed new life into a disability access lawsuit filed against restaurant chain Hooters, permitting a blind plaintiff who claims he could not access the company’s business website to proceed with…more

Americans with Disabilities Act (ADA), Appeals, Employer Liability Issues, Hospitality Industry, Popular

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Fresh From The Oven: Appeals Court Tosses Out Rulings on Pizza-Delivery Driver Mileage Rates, Serves Several Wins for Employers

An appeals court just ruled that pizza companies do not need to use the Internal Revenue Service’s standard mileage rate when reimbursing their delivery drivers for the actual costs of using their vehicles for work. In reaching…more

Appeals, Burden of Proof, Collective Actions, Delivery Drivers, Fair Labor Standards Act (FLSA)

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Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not your…more

Dress Codes, Employee Rights, Employer Liability Issues, Employment Policies, Fast-Food Industry

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An Employer’s 7-Step RIF and Layoff Blueprint for 2023

An unfortunate result of the current state of economic uncertainty is that many employers have begun to consider reductions-in-force or other layoffs. However, you need to ensure you carry out any RIFs or layoffs correctly if…more

Employee Retirement Income Security Act (ERISA), Involuntary Reduction in Force, Layoffs, NAFTA, OWBPA

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What California Employers Need to Know About New Leave Rights for Reproductive Loss: Your 5-Step Compliance Guide

Private employers in California with five or more employees and all public employers in the state must provide employees with leave for reproductive-related loss under a new law that took effect this year. SB 848 expands…more

Bereavement Leave, California, Employee Rights, New Legislation, Reproductive Healthcare Issues

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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

Americans with Disabilities Act (ADA), Appeals, Best Management Practices, Disability Discrimination, Interactive Process

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U.S. Eases Burden on Businesses by Lifting COVID-19 Vaccine Requirement for International Travelers

The COVID-19 vaccination requirement for international travelers will end on May 11, along with the end of the related public health emergency, according to a recent announcement from the Biden administration. The removal of the…more

Biden Administration, Business Visitor, Coronavirus/COVID-19, Foreign Workers, Green Cards

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Employees Can Renew Their H-1B Visas Stateside as of January 29: An Employer’s 4-Point Plan

We told you that stateside H-1B visas were on their way back – and now we have a date. Starting January 29, H-1B visa holders will be allowed to renew their expiring or about-to-expire visas without leaving the U.S. This…more

Foreign Nationals, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, US Department of State

See all updates »

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, Department of Labor (DOL)

See all updates »

Colorado and Washington Likely to Join Growing List of States Banning Captive Audience Meetings: 5 Steps Employers Can Take to Comply

Colorado and Washington will likely become the latest states to ban employers from holding mandatory meetings with employees concerning religious or political matters. Such employer-sponsored meetings, known as “captive audience…more

Anti-Retaliation Provisions, Colorado, Employer Liability Issues, NLRA, NLRB

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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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California Court Ushers In Sweeping Changes For Scheduling Policies

A California Court of Appeal just announced a sweeping change in California’s reporting time pay rules which now prohibits a common scheduling practice used by employers throughout the state (Ward v. Tilly’s, Inc.). Tuesday’s…more

Appeals, Call-In Pay, Corporate Counsel, Employer Liability Issues, Employment Policies

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Hazard Pay Now in Effect For San Francisco Grocery and Retail Pharmacy Workers

The San Francisco Board of Supervisors unanimously approved San Francisco’s COVID Related Hazard Pay Emergency Ordinance, which temporarily requires large grocery and retail pharmacy stores, like drug stores, and the janitorial…more

Coronavirus/COVID-19, Essential Workers, Grocery Store Workers, Grocery Stores, Hazard Pay

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California Employers Have 3 Short Months to Report Pay Data: Your 3-Step Compliance Plan

Attention, California employers: You only have three short months to report last year’s pay data to the state, and you need a plan of action in order to comply with this stringent law. The good news is that the state just…more

California, Deadlines, Employer Liability Issues, Pay Data, Reporting Requirements

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Immigration Planning: Top 5 Options for Manufacturing Companies to Hire Foreign Nationals

The manufacturing industry has been facing a significant skilled labor shortage for years, and the COVID-19 pandemic has only exacerbated this issue. With the industry in constant need of skilled workers, manufacturers often…more

F-1 Visa, Foreign Nationals, Foreign Workers, H-1B, Hiring & Firing

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“We’ve Received A PAGA Notice – Now What?” An Employer’s 10-Step Guide

If you’ve received a PAGA notice, you can count yourself as one of several thousands of California employers who receive one every year. In fact, 2018 saw a record number of PAGA claims—over 5,700, a 15 percent jump from…more

Audits, Class Certification, Labor Code, Labor Law Violations, Notice Requirements

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Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

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Court Decision Raises FMLA Retaliation Standard: 3 Ways You Can Avoid Violations When Employees Request Leave

A federal appeals court recently raised the bar for employees who want to bring retaliation claims after they request Family and Medical Leave Act leave – but this doesn’t mean that employers should let their guard down. Thanks…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing

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A Sobering Reality for Craft Breweries: 5-Step Action Plan to Address Workplace Harassment

The brewing industry has been overwhelmed over the past few weeks with numerous accounts of employees claiming harassment, gender discrimination, and toxic work environments. What started as one woman’s account of harassment on…more

Anti-Harassment Policies, Breweries, Employee Training, Employer Liability Issues, Employment Policies

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Colorado Employers Brace for Confirmation that Public Health Emergency Leave Applies to Monkeypox

Given the recent federal declaration of a public health emergency to stop the monkeypox outbreak, Colorado employers are bracing for, what, if anything, more they should be doing to address the latest threat. In addition to our…more

Colorado, Employment Policies, Infectious Diseases, Paid Sick Leave, Public Health Emergency

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Galentine’s Day in the Workplace: 10 Ways to Empower Women in 2024

The day before Valentine’s Day is about “ladies celebrating ladies,” as Amy Poehler’s character on the TV show Parks & Rec put it – it’s Galentine’s Day. But this year, your organization shouldn’t just leave it to women to help…more

Diversity, Employee Benefits, Employee Engagement, Employee Retention, Employment Policies

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Protecting Students From Peer-To-Peer Sexual Misconduct: The Struggle To Decide Higher Education’s Proper Role

Colleges and universities are squeezed between a rock and a hard place when it comes to complying with Title IX’s requirements for responding to student-on-student allegations of harassment, discrimination, assault, and sexual…more

Anti-Discrimination Policies, Anti-Harassment Policies, Colleges, New Rules, Peer-to-Peer

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

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No Shirt, No Vax, No Service: Tips on Enforcing Vaccine Mandates with Guests to Stay Out of Hot Water

On the heels of the FDA’s full approval of the Pfizer vaccine, several major U.S. cities are requiring vaccines for entry to restaurants, shops, and entertainment facilities – and some businesses are instituting their own…more

Coronavirus/COVID-19, Employer Mandates, Health and Safety, Hospitality Industry, Infectious Diseases

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Galentine’s Day in the Workplace: 10 Ways to Empower Women in 2024

The day before Valentine’s Day is about “ladies celebrating ladies,” as Amy Poehler’s character on the TV show Parks & Rec put it – it’s Galentine’s Day. But this year, your organization shouldn’t just leave it to women to help…more

Diversity, Employee Benefits, Employee Engagement, Employee Retention, Employment Policies

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Columbus Salary History Ban Takes Effect March 1: Top 5 Tips for Employers

Columbus has joined Cincinnati and Toledo — as well as many other cities and states across the country — in adopting a salary history ban. Employers with at least 15 employees operating within the city of Columbus are barred…more

Employer Liability Issues, Equal Pay, Hiring & Firing, Job Applicants, Local Ordinance

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Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to how a…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Health and Safety, OSH Act

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NLRB’s Top Sheriff Calls for Abrupt End to 75 Years of Lawful “Captive Audience” Meetings

The NLRB’s top prosecutor just issued a memo which seeks to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances that participation is…more

Free Speech, NLRA, NLRB, NLRB General Counsel, Union Representatives

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What Governor Edwards’ Stay-At-Home Order Means For Louisiana Employers

Louisiana Governor John Bel Edwards recently issued Executive Proclamation Number 33 JBE 2020, requiring all residents of the state to remain in their homes until April 13. The Order, which went into effect at 5:00 p.m. CDT on…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Edwards, Health and Safety

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Sometimes Less Is More: Background Check Disclosures Can Go Too Far and Lead to FCRA Violations

Under federal law, an employer that conducts a background check for an applicant or employee must first provide written notice, also known as a disclosure, to that individual – but recent court decisions demonstrate how…more

Background Checks, Class Action, Criminal Background Checks, Disclosure Requirements, Employer Liability Issues

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FP’s Interactive Union Organizing Activity Map Reveals 4 Key Trends

While you may think labor unions only impact large corporations or specific industries, FP’s new Union Organizing Activity Map actually shows that smaller businesses are more likely to confront an organizing drive. The map also…more

Corporate Counsel, Labor Relations, Union Elections, Union Membership, Union Organizers

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Tennis Coach Wins First Set In Gender Bias Match Against University

It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,…more

Adverse Employment Action, Bias, Coaches, Educational Institutions, Employment Discrimination

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Reminder: Nevada Paid Leave Law Takes Effect January 1

Nevada employers will soon have a very important New Year’s resolution to complete: complying with the state’s first-ever paid leave law. Effective January 1, 2020, all private employers with 50 or more employees in Nevada will…more

Anti-Retaliation Provisions, Employee Benefits, Employer Liability Issues, Employment Policies, New Legislation

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New COVID-19 Restrictions Placed On North Carolina Employers

As cases of COVID-19 continue to spike across the country, North Carolinians must abide by more stringent restrictions under a Modified Stay-at-Home Order released yesterday. While the Order continues requirements for face…more

Business Closures, Coronavirus/COVID-19, Employer Responsibilities, Employment Policies, Health and Safety

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How Florida’s New Bathroom Law Will Impact Schools, Public Employers, and Businesses

Florida lawmakers passed a bill on Wednesday that will make it a crime for individuals to use certain bathrooms that don’t align with their gender at birth, raising many questions for schools, public employers, and businesses in…more

Colleges, Educational Institutions, Employer Liability Issues, Employment Policies, Florida

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Labor Department Issues USERRA Guidance For Employers During COVID-19 Pandemic

Many businesses have likely had one or more employees who serve in the National Guard or Reserves activated to help respond to the COVID-19 pandemic. This often happens in times of emergencies; citizen-soldiers are activated to…more

Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Hiring & Firing, Layoffs

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Department of Labor Proposes Self-Correction Option Under Voluntary Fiduciary Correction Program

The Department of Labor recently proposed updates to its Voluntary Fiduciary Correction Program (VFCP), which would allow fiduciaries the opportunity to self-correct certain matters including late deposits to a 401(k) plan. In…more

401k, Department of Labor (DOL), Employee Benefits, Loan Repayment Issues, Record Retention

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California Determined to Take Lead on AI Regulation: A Glance at The State’s Proposed Artificial Intelligence Rules

California wants to rein in artificial intelligence – and that means employers and businesses need to step up and pay attention. State lawmakers are considering more than 30 AI-related bills across a wide range of topics while…more

Access to Information (ATI), Algorithms, Artificial Intelligence, California, Consumer Privacy Rights

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

What Employers Should Know About Upcoming Increases to Nevada’s Minimum Wage

Crank up the air conditioning in your offices and get prepared to increase your Nevada employees’ minimum wages. Beginning July 1, employers will be required to pay a minimum wage of $9.50 per hour or $10.50 per hour depending…more

Employer Liability Issues, Minimum Wage, Nevada, Over-Time, State Labor Laws

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Hospitals, Skilled Nursing Facilities Targeted for COVID-19 Scrutiny – 5 Steps to Help Ensure You are Ready for Federal Initiatives

For the second time in a week, key members of the healthcare provider community are the focus of an announcement promising more pandemic-related scrutiny from a federal agency. The Occupational Safety and Health Administration…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Health Care Providers, Hospitals, Infectious Diseases

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Irvine Hotels Must Prepare for Workload Limitations Law to Take Effect Next Week: Your 10-Step Compliance Plan

Starting next week, hotel employers in Irvine must be ready to implement additional requirements of the city’s new Hotel Worker Protection Ordinance – including stringent workload limitations for room attendants. While certain…more

Hospitality Industry, Hotels, New Legislation, Notice Requirements, Over-Time

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Deepfake Scammers Steal $25 Million From Company: 5 Ways You Can Avoid Being Victim to Latest AI Nightmare

A group of scammers recently used deepfake technology – now readily available to just about anyone – to trick a finance employee into paying them over $25 million of corporate funds. This might be one of the world’s biggest…more

Artificial Intelligence, Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection

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What Employers Should Know About Upcoming Increases to Nevada’s Minimum Wage

Crank up the air conditioning in your offices and get prepared to increase your Nevada employees’ minimum wages. Beginning July 1, employers will be required to pay a minimum wage of $9.50 per hour or $10.50 per hour depending…more

Employer Liability Issues, Minimum Wage, Nevada, Over-Time, State Labor Laws

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Fired Worker Not Entitled to Jury Trial for Disability Retaliation Claim: Key Takeaways for Employers

A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA). The…more

Americans with Disabilities Act (ADA), Bench Trial, Disability Discrimination, Employment Litigation, Failure to Accommodate

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5 Trade Secret Protection Steps Employers Should Take in Response to New Corporate Espionage in Florida Act

Florida Governor Ron DeSantis recently signed the Combating Corporate Espionage in Florida Act into law, and it will take effect on October 1, 2021. The new law was created to protect intellectual property in Florida from theft…more

Confidential Business Information (CBI), Employer Liability Issues, Espionage, Hiring & Firing, Human Resources Professionals

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Quick Look at Top 3 Potential Supreme Court Picks

At some point in the coming days or weeks, President Biden will announce his nominee to replace retiring Supreme Court Justice Stephen Breyer, and the Court will be transformed like never before. The president seems intent on…more

Biden Administration, Judges, Presidential Nominations, SCOTUS

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From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to…more

Business Operations, Coronavirus/COVID-19, Corporate Governance, Data Security, Employee Benefits

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Gig Companies Lose Round 2 in New Prime Battle As Courts Debate Whether Workers Are Exempt From Arbitration

A federal appeals court decided last week that ride-share drivers engaging in interstate commerce while performing work for Uber should not be subject to the company’s arbitration agreement because of a recent Supreme Court…more

Appeals, Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Exceptions

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A Pay Audit is the Perfect Way for Schools to Ring in the New Year

The end of the year is always a good time to assess what measures you can take to ensure compliance with employment laws and strive for a positive work environment at your school. A pay equity audit is one such measure that…more

Audits, Colleges, Educational Institutions, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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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, Fair Labor Standards Act (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, Federal Food Drug and Cosmetic Act (FFDCA)

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Tiger Woods Avoids Legal Rough…For Now: 3 Key Takeaways for Employers about Workplace Relationships, Non-Disclosure Agreements, and Arbitration

Tiger Woods’ recent legal issues could actually help employers better understand their rights and responsibilities when it comes to workplace relationships, non-disclosure agreements, and arbitration provisions. His former…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Employment Policies

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Washington Changes Key Employer Obligations for High-Risk Workers

Washington Governor Jay Inslee recently amended an executive proclamation that imposes certain workplace protection for high-risk workers during pandemic, granting employers some additional flexibility that will take effect…more

Coronavirus/COVID-19, Employer Liability Issues, Governor Inslee, High Risk Covid Employees, State Labor Laws

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Labor Board Once Again Shifts the Scales to Ensure More Employee Conduct is Considered Protected Concerted Activity

The National Labor Relations Board has once again overturned employer-friendly precedent by making it more likely that individual employee gripes – whether in a union or non-unionized workplace – will be deemed protected…more

NLRA, NLRB, Protected Concerted Activity, Section 7, Totality of Circumstances Test

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NLRB Upholds Ban On Use Of Company Email For Union Organizing

The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule…more

Electronic Communications, Email, Email Policies, Employer Liability Issues, Federal Labor Laws

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Seattle Becomes First City in Nation to Ban Caste Discrimination

The Seattle City Council voted yesterday to pass a bill that adds “caste” to those classes of people protected from discrimination in various arenas, including employment, housing, and public accommodations. While a small number…more

Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Corporate Counsel, Employment Discrimination

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Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase…more

Affirmative Action, Background Checks, Blockchain, Coronavirus/COVID-19, Corporate Counsel

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5 Reasons Why You Should Hire a Chief AI Officer – and 5 Reasons Why You Shouldn’t

Is it the hottest job in corporate America – or is it a passing fad that will fade away in a matter of months? Either way, 2024 will be the year of the Chief Artificial Intelligence Officer (CAIO). This Insight will briefly…more

Artificial Intelligence, C-Suite Executives, Hiring & Firing

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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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Quick Look at Top 3 Potential Supreme Court Picks

At some point in the coming days or weeks, President Biden will announce his nominee to replace retiring Supreme Court Justice Stephen Breyer, and the Court will be transformed like never before. The president seems intent on…more

Biden Administration, Judges, Presidential Nominations, SCOTUS

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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

Administrative Interpretation, Advocate Health Care v Stapleton, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Benefit Plan Sponsors

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HIPAA' s Criminal Charges Pack a Heavy Punch

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

Civil Monetary Penalty, Criminal Prosecution, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

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Get Ready for D.C.’s New Pay Transparency Law: 5 Top Answers for Employers

Employers in the District of Columbia should review new pay transparency requirements that are expected to take effect this summer and create additional compliance obligations for covered businesses. Mayor Muriel Bowser signed…more

Anti-Retaliation Provisions, Compensation & Benefits, Covered Business, New Legislation, Notification Requirements

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Labor Board Advances Claims that Student-Athletes Are Employees: What Does Your Athletic Department Need to Know?

NLRB General Counsel Jennifer Abruzzo just took another big step in the continuing saga surrounding college sports by filing a complaint seeking to have student-athletes classified as employees under the National Labor Relations…more

Employees, NCAA, NLRA, NLRB, NLRB General Counsel

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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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SCOTUS Leaves Businesses Hanging: Your 4-Step Plan to Avoid ADA Accommodation “Tester” Cases

After waiting nearly a year for a decision that would have provided businesses with some much-needed clarity (and hopefully some relief), the Supreme Court tossed from its docket a case involving a legal “tester” who “surfed by”…more

Acheson Hotels LLC v Laufer, Americans with Disabilities Act (ADA), Disability Discrimination, Dismissals, Failure to Accommodate

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A Deeper Dive Into Oregon’s Landmark Pay Equity Law

Six months ago, the Oregon legislature passed the most sweeping statewide equal pay law in the nation. It was a confusing move for some. After all, Oregon has had an equal pay law on the books since the early 1980s, while the…more

Audits, BOLI, Employer Liability Issues, Equal Pay, Equal Pay Act

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5 Reasons You Might Rescind a Job Offer – and Top 5 Ways to Ease the Impact

Finding the right match between a job candidate and a critical role in your organization can take time, dedication, and even a little luck – so the need to rescind an offer of employment can be difficult for you and the…more

Background Checks, Best Practices, Drug Testing, Employer Liability Issues, Hiring & Firing

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California Expands Paid Sick Leave: 5 Key Steps Employers Can Take to Prepare

In the wake of numerous California cities passing local Paid Sick Leave (PSL) ordinances in recent years, the State of California has now taken matters into its own hands – and created yet more hurdles for employers. Late…more

California, Healthy Workplaces Healthy Families Act 2014, New Legislation, Paid Sick Leave, State Labor Laws

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Puff, Puff, Passed: A 6-Step Plan for Ohio Employers as Recreational Marijuana Legalized

Ohio voters just passed a statutory initiative to legalize adult use (and purchase) of recreational marijuana in the state, becoming the 24th state to do so. Specifically, Issue 2 – which passed on November 7, permits Ohioans to…more

Decriminalization of Marijuana, Drug Testing, Employment Policies, Hiring & Firing, Marijuana

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No Good Deed Goes Unpunished: Should Businesses Offer Benefits to Gig Workers?

Worker misclassification is one of the biggest issues facing businesses in the gig space and elsewhere. As the demand for gig workers increases, businesses are thinking of creative ways to hire and retain great talent…more

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

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Manufacturing Snapshot: Survey Reveals Industry Benefits From Mexican Expansion – But Needs Help Doing So

Our recent FP Flash Survey on business expansion into Mexico (full summary here) revealed noteworthy data about employer attitudes and experiences operating south of the border – and this topic was of particular interest to the…more

Business Expansion, Labor Reform, Manufacturers, Manufacturing Facilities, Mexico

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Workplace Law Update For Washington Employers, Summer 2018 Edition

Washington’s lawmakers and regulators have not taken a summer holiday this year, remaining active by passing new regulations based on legislation from the last legislative cycle or reacting to new case law by creating new legal…more

Amended Legislation, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues

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Court Decision Raises FMLA Retaliation Standard: 3 Ways You Can Avoid Violations When Employees Request Leave

A federal appeals court recently raised the bar for employees who want to bring retaliation claims after they request Family and Medical Leave Act leave – but this doesn’t mean that employers should let their guard down. Thanks…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing

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Can You Lay Off Remote Workers First? 4 Key Considerations for Employers Facing RIFs

Here’s the scenario: You were just told that your company needs to reduce its workforce by 10%, and it’s your job to put together an action plan for this grim assignment. But there’s a catch. The leadership team wants you to lay…more

At-Will Employment, Best Practices, Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force

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Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By…more

ADEA, Age Discrimination, Babb v Wilkie, Burden of Proof, But For Causation

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Do Your Workplace Romance Policies Need an Update? 4 Points for Employers to Consider this Valentine’s Day

Love is in the air on Valentine’s Day – and according to recent research, it has likely found its way to your workplace. Even with the rise of remote work, office romances are commonplace, which illustrates the importance of…more

Anti-Fraternization Policies, Employment Policies, Love Contracts, Valentine's Day, Workplace Romances

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Hazard Pay Now in Effect For San Francisco Grocery and Retail Pharmacy Workers

The San Francisco Board of Supervisors unanimously approved San Francisco’s COVID Related Hazard Pay Emergency Ordinance, which temporarily requires large grocery and retail pharmacy stores, like drug stores, and the janitorial…more

Coronavirus/COVID-19, Essential Workers, Grocery Store Workers, Grocery Stores, Hazard Pay

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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, Family and Medical Leave Act (FMLA), NLRA, NLRB, OSHA

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North Carolina OSHA’s Maximum Penalties More than Doubled This Weekend: 4 Takeaways for Employers

Employers may be surprised to learn that North Carolina OSHA’s maximum penalties more than doubled on October 1 — and these penalties will increase every January, starting in 2023, to match the maximum penalties available to…more

Citations, Employer Liability Issues, North Carolina, OSHA, Penalties

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Supreme Court Makes It More Difficult for Employers to Deny Religious Accommodations: Your 6-Step Action Plan

Employers now have a higher hurdle to clear when determining whether an employee’s religious accommodation request would cause an undue burden on their business. A mail carrier argued that it was too easy for his employer to…more

Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation, Religious Discrimination

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MSHA Finally Releases Proposed Silica Rule: What Should You Do Now?

The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday. Employers…more

Mine Safety and Health Administration (MSHA), Mining, Occupational Exposure, Proposed Rules, Public Comment

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Cussing Cheerleader Wins SCOTUS Free Speech Case, Creating Headaches for Public Schools Dealing with Off-Campus and Social Media Messages

By an 8-to-1 vote, the U.S. Supreme Court affirmed today that public schools might have an interest in regulating student speech, but the leeway the First Amendment grants to schools is diminished in the off-campus context…more

Disciplinary Proceedings, First Amendment, Mahanoy Area School District v B.L., Public Schools, SCOTUS

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Transportation and Supply Chain Snapshot: NLRB’s Proposed Joint Employer Rule Will Pose New Challenges for Employers

This FP Transportation and Supply Chain Snapshot is intended to ensure industry employers are aware of an impending rule from the National Labor Relations Board that could upend the way you do business. The agency is seeking to…more

Comment Period, Hiring & Firing, Joint Employers, NLRB, Proposed Rules

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The Undiscovered Country, Sort Of: Washington Employers Must Begin Collecting Employee Premiums Starting July 1

The first-in-the-nation statute that will require Washington employers to deduct taxes from employees and remit them to the Employment Security Department is finally set to go into effect in just a few weeks, and it’s time for…more

Employee Benefits, Long-Term Care, Opt-Outs, Popular, State Labor Laws

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Should Employers Rescind Their Mask Mandates? A Pros and Cons List to Consider Before Dropping Your Pandemic Policies

As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements apply…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Employment Policies

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Snapshot on Manufacturing Industry: New Independent Contractor Rule Could Cause Chaos in your Company

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments with an emphasis on how they impact manufacturers. In this edition, we unpack the…more

Department of Labor (DOL), Employer Liability Issues, Hiring & Firing, Independent Contractors, Manufacturers

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"Wage Theft" Regulation Comes to New Hampshire

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

Corporate Counsel, Department of Labor (DOL), Sick Leave, Wage and Hour, Wage Theft

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Will Supreme Court Enforce Law And Order In The Digital Workplace?

Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable of…more

Actual Damages, Civil Liability, Computer Fraud and Abuse Act (CFAA), Confidential Information, Criminal Liability

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2 Steps to Improve Arbitrator Diversity in Labor and Employment Cases

Today, over 60 million workers are subject to arbitration — a 55% increase since the early 2000s — yet the arbitration field remains dominated by white men. While workplaces across the country have increased their commitment to…more

American Bar Association (ABA), Arbitration, Arbitrator Selection Disputes, Arbitrators, Diversity

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New Jersey Amends Workplace Bias Law to Expand Protections Against Age Discrimination

New Jersey Governor Phil Murphy just signed a bill amending the state’s workplace bias statute by expanding protections against age discrimination. The most significant aspect of Assembly Bill No. 681, signed into law on October…more

Age Discrimination, Amended Legislation, Bias, Employment Discrimination, Hiring & Firing

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FP’s Interactive Union Organizing Activity Map Reveals 4 Key Trends

While you may think labor unions only impact large corporations or specific industries, FP’s new Union Organizing Activity Map actually shows that smaller businesses are more likely to confront an organizing drive. The map also…more

Corporate Counsel, Labor Relations, Union Elections, Union Membership, Union Organizers

See all updates »

The Gig Economy Is Coming Up Female

Women often face a very different path than men when it comes to today’s workplaces. Often in our society, the working life of women changes dramatically after significant life events such as the birth of a child, a family…more

Diversity, Employee Retention, Equal Pay, Freelance Workers, Gig Economy

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Top 10 Workplace Law Predictions for 2024

It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present…more

Affirmative Action, Artificial Intelligence, Chevron Deference, Child Labor, Compensatory Damages

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

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

Border Security, Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Federal Budget

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U.S. House Passes Federal Paid Family Leave Bill – Could It Be Coming Your Way Soon?

The U.S. remains one of only a handful of developed countries without a federal paid family leave law – but we are one step closer to such a plan becoming reality as the U.S. House of Representatives recently passed a program…more

Employee Benefits, Federal Labor Laws, Paid Family Leave Law, Paid Leave, Sick Leave

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A New Era For Labor Relations? 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 Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

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Choppy Seas: Alleged Involuntary Quarantine Of Employees Lands Employer in Wage and Hour Class Action

A class action lawsuit filed in Los Angeles County alleges that a seafood company exposed seasonal employees to COVID-19 and then forced them, with the help of a hotel, to quarantine in hotel rooms against their will – and…more

Class Action, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Quarantine

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Time To Reassess International Data Transfers After Court Declares EU-U.S. Privacy Shield Invalid: A 4-Step Action Plan

The Court of Justice of the European Union just ruled that an important data protection scheme established between the European Union and the United States is invalid, calling into question many aspects of important data…more

Corporate Counsel, Court of Justice of the European Union (CJEU), Data Privacy, Data Protection, EU

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Employees’ Off-Duty Pandemic Conduct Can Create On-Duty Headaches For Healthcare Employers – How To Reduce Disruptions In Your Workplace

As the COVID-19 pandemic rages on and continues to hammer businesses, workers, and lifestyles with record-high infection rates and hospitalizations, companies still face challenges in ensuring employees comply with critical…more

Coronavirus/COVID-19, Employee Rights, Employer Rights, Employment Policies, Health and Safety

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From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to…more

Business Operations, Coronavirus/COVID-19, Corporate Governance, Data Security, Employee Benefits

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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

Admissions, Affirmative Action, American Civil Liberties Union (ACLU), Diversity, NAACP

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New Year Brings Major Changes To California Employers’ Immigration Practices - FAQs Regarding California AB450 – The Immigrant Worker Protection Act

Soon after ringing in the New Year, California employers will need to spend the beginning of 2018 coming to grips with a significant new law that will require an immediate adjustment to immigration-related business practices…more

Audits, Best Practices, E-Verify, Employer Liability Issues, Employment Records

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New NLRB Decision Means Employers Will Have to Pay Up for Labor Violations

A decision yesterday from the NLRB means employers may now be called upon to compensate suspended and discharged workers beyond backpay and other traditional forms of make-whole relief when found to have committed labor…more

Labor Law Violations, NLRA, NLRB

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A Step Toward the Future? Federal Immigration Authorities Considering Remote I-9 Document Review Procedures

Employers may soon have a welcome alternative to the long-standing and often-cumbersome process that requires an in-person inspection of I-9 documents at the time a new worker is onboarded. On August 18, the Department of…more

Department of Homeland Security (DHS), Document Review, Employment Eligibility Verification, Form I-9, Hiring & Firing

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New California Law Expands Retaliation Coverage

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

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

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You Can No Longer Believe What You See: 5 Ways Employers Can Guard Against Deepfakes

In their book, “AI 2041: Ten Visions for Our Future,” Kai-Fu Lee and Chen Qiufan point out that we used to live in a world where we could trust video evidence, but not anymore. Thanks to deepfakes – sophisticated digital…more

Artificial Intelligence, Audio Recording, Authentication, Deep Fake, Employee Training

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California Employers Are Now Required to Pay for Food Handler Cards: Your 4-Step Action Plan

California has long required food handlers in restaurants to obtain certification — and until now, training and testing has been the employee’s responsibility. A new law Governor Newsom approved on October 8, however, shifts…more

California, Food Safety, Food Service Workers, New Legislation, Restaurant Industry

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Supreme Court Steps on the Brakes: How Its Recent AB 5 Decision Will Throw California’s Trucking Industry into Disarray

While the U.S. Supreme Court has made a number of headlines this term, flying under the radar was its refusal to consider whether California’s controversial worker classification law should be blocked by a federal law that…more

Commercial Truck Drivers, Denial of Certiorari, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Hiring & Firing, Independent Contractors

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New California Law Will Raise Minimum Wage For Nearly All Health Care Workers

A new law signed by Governor Newsom on October 13 will significantly impact California health care employers statewide by raising the minimum wage for nearly all health care employees – hourly and salaried – and providing…more

California, Health Clinics, Healthcare Facilities, Healthcare Workers, Hospitals

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Brazil Publishes Data Protection Sanctions: 3 Steps Your Company Should Take to Avoid Problems

Brazil’s data protection authority recently published regulations that could lead businesses and employers that violate the country’s data privacy laws to be punished with administrative penalties – adding yet more incentive to…more

Brazil, Corporate Counsel, Data Breach, Data Collection, Data Privacy

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Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,…more

Adverse Employment Action, Best Practices, Bias, Discipline, Documentation

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The Visa Bulletin for February: Dates for Filing and an Employer’s Immigration Action Plan

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight…more

EB-1, EB-2, EB-3, I-485 Applications, Immigration Procedures

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Federal Court Carves New Path for Philadelphia Employers to Defeat Workplace Claims

A recent federal court decision provides a new pathway for Philadelphia employers to defeat certain workplace discrimination claims. In the February 13 decision of Lee v. Bay, LLC, District Court Judge Joshua Wolson from the…more

Administrative Agencies, Administrative Complaints, Administrative Remedies, Dismissals, Employment Discrimination

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

IRS Increases Mileage Rate to 62.5 Cents Per Mile for the Rest of 2022

Responding to record-high gas price, the IRS announced yesterday that, for July through December of 2022, the optional standard mileage rate for business travel will increase from 58.5 cents to 62.5 cents per mile…more

IRS, Standard Mileage Rates, Wage and Hour

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What Do Employers Need to Know About Gen Z? 6 Tips on Attracting and Retaining Young Professionals

The oldest members of Generation Z are turning 25 this year, which means they are graduating from college, trade schools, master’s programs, even law school – and entering the workforce in rapidly increasing numbers. In fact,…more

Diversity, Employee Benefits, Employee Retention, Employment Policies, Hiring & Firing

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National Anthem Protests: How Should Educational Institutions Respond?

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

Protests, Public Schools, School Districts

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From DEI to DEIA: How to Incorporate Accessibility into Your Diversity, Equity, and Inclusion Plan

If you work in the DEI space, then you’re likely familiar with recent efforts to add “accessibility” to diversity, equity, and inclusion programs. Even if the term “DEIA” is new to you, your organization may be looking for ways…more

Accessibility Rules, Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Diversity and Inclusion Standards (D&I)

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Not If But When: Cybercrime Targets Telework

As a result of the COVID-19 pandemic, millions of Americans have deserted the physical workplace. Modern technology and remote access capabilities have made it possible to transform almost any job to a telework position. As the…more

Business E-Mail Compromise (BEC), Confidential Information, Cyber Attacks, Cyber Crimes, Cyber Threats

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When Employees Speak Out: An Employer’s Playbook for Responding to Controversial Opinions

Many people feel emboldened to publicly share their views on all sorts of controversial topics these days – politics, international relations, religion, culture, or any number of other incendiary areas where there are bound to…more

At-Will Employment, Employer Liability Issues, Employment Policies, First Amendment, Hiring & Firing

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MSHA Finally Releases Proposed Silica Rule: What Should You Do Now?

The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday. Employers…more

Mine Safety and Health Administration (MSHA), Mining, Occupational Exposure, Proposed Rules, Public Comment

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New Washington Law Targets Warehouse Production Quotas: Top 10 Questions for Employers and Staffing Agencies

A new law in Washington state aims to protect warehouse employees by setting certain requirements for employers and warehouse staffing agencies. HB 1762, which Governor Inslee signed into law on May 4, defines and requires…more

Adverse Employment Action, Anti-Retaliation Provisions, Corporate Counsel, Employment Policies, New Legislation

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‘Tis the Season to Focus on Inclusive Workplaces: A Holiday Resource for Employers

Employers should strive to enhance their diversity, equity, and inclusion (DEI) programs year-round — but they should take additional care during the winter holiday season, which highlights the many cultural, religious, and…more

Diversity and Inclusion Standards (D&I), Employer Responsibilities, Employment Policies, Religious Workers

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Are Your Employees “Slackers”? How Employers Should Handle Slack—The Increasingly Popular Instant Messaging Application

Launched in 2014, Slack is the fastest growing business application in history. For those unfamiliar with this piece of technology, Slack is a cloud-based “team collaboration tool.” In simple terms, it is an instant messaging…more

Anti-Discrimination Policies, Anti-Harassment Policies, Best Practices, Employee Training, Employer Liability Issues

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Proposed Regulations Impact Retirement Plans for Certain Part-Time Employees: FAQs for Employers

Employers that sponsor 401(k) or 403(b) plans should be aware of eligibility and participation rules for their long-term, part-time (LTPT) employees. Historically, such plans could exclude employees who worked fewer than 1,000…more

401k, 403(b) Plans, Benefit Plan Sponsors, Eligibility, Employee Benefits

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10 Most Significant Employee Benefits Law Changes in 2023’s Federal Spending Bill

Besides ensuring the federal government remains fully funded, President Biden’s signature Thursday on the Continuing Appropriations Act, 2023 (CAA 23) contains several provisions that will directly impact health and retirement…more

401k, 403(b) Plans, Automatic Enrollment, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA)

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Your School Could Be One Click Away From A Lawsuit

The education industry continues to be at the forefront when it comes to using emerging technology and digital marketing. For most schools, their website functions as the new reception area (albeit virtual), where both current…more

Americans with Disabilities Act (ADA), Colleges, Demand Letter, Department of Justice (DOJ), Disability Discrimination

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Didn’t Make the H-1B Cap? Planning, Not Practice, Makes Perfect: 8 More Ways to Employ Foreign Nationals

If you employ foreign nationals, you likely know that the federal government already reached the H-1B visa cap for the fiscal year and informed registrants who were not selected. Although employers expected the August 23…more

Business Visitor, Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, Green Cards

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The State of the Union for PEOs and Staffing: 7 Notable Trends Revealed at FP’s PeopleLaw Conference

The lead session at the recent FP PeopleLaw Conference was by far the most popular and highest rated – and with good reason. Attendees heard an exclusive State of the Union report from Brittany Sakata, General Counsel for the…more

Artificial Intelligence, Healthcare Workers, Hiring & Firing, Hospitality Industry, Job Applicants

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7 Steps To Sever Ties With An Employed Physician

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an…more

Continuity of Care, Documentation, Employer Liability Issues, Employment Contract, Health Care Providers

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Keep (Some) Opinions to Yourself: Court Decision Reminds Sports Executives the Importance of Documentation During Hiring Process

A recent federal appeals court decision demonstrates to employers in the sports industry the value of documenting conversations and notes made during the hiring process – and serves as a critical warning about how easily an…more

Age Discrimination, Documentation, Employer Liability Issues, Employment Litigation, Hiring & Firing

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“Safe Access O‘ahu”: What Honolulu Businesses Need to Know About Vaccine Passports for Workers and Patrons

Honolulu City and County Mayor Rich Blangiardi has announced “Safe Access O‘ahu,” a strategy developed in concert with local business leaders to “aggressively counteract” a nascent surge of COVID-19 while avoiding further…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Entertainment Industry, Food Service Workers

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California Employers Are Now Required to Pay for Food Handler Cards: Your 4-Step Action Plan

California has long required food handlers in restaurants to obtain certification — and until now, training and testing has been the employee’s responsibility. A new law Governor Newsom approved on October 8, however, shifts…more

California, Food Safety, Food Service Workers, New Legislation, Restaurant Industry

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California Finally Clarifies Key Paid Sick Leave Discrepancy for Part-Time Employees

California employers recently got some welcome news when state regulators clarified the method by which you should apply new paid sick leave benefits to part-time employees. Without much fanfare or public announcement, the…more

California, Corporate Counsel, DLSE, Employee Benefits, Paid Sick Leave

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California Governor Orders Students to be Vaccinated: What Your School Needs to Know

California Governor Gavin Newsom announced a new emergency order on October 1 requiring all students in both public and private schools to get the COVID-19 vaccine once fully authorized by the Federal Drug Administration (FDA)…more

Coronavirus/COVID-19, Private Schools, Public Schools, School Districts, School Policies

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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, Department of Labor (DOL), LMRDA, Persuader Rules, Reporting Requirements

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Construction Contractors Subject To New OFCCP Rules

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

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

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Can You Lay Off Remote Workers First? 4 Key Considerations for Employers Facing RIFs

Here’s the scenario: You were just told that your company needs to reduce its workforce by 10%, and it’s your job to put together an action plan for this grim assignment. But there’s a catch. The leadership team wants you to lay…more

At-Will Employment, Best Practices, Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force

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Irvine Hotels Must Prepare for Workload Limitations Law to Take Effect Next Week: Your 10-Step Compliance Plan

Starting next week, hotel employers in Irvine must be ready to implement additional requirements of the city’s new Hotel Worker Protection Ordinance – including stringent workload limitations for room attendants. While certain…more

Hospitality Industry, Hotels, New Legislation, Notice Requirements, Over-Time

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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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Someone Call A Doctor! This Settlement Agreement Is Bleeding Out

A federal appeals court recently ruled that an overbroad “no-rehire” provision in a settlement agreement with a former employee can be an unlawful restraint of trade under California law. In Golden v. California Emergency…more

Appeals, Business & Professions Code, Former Employee, Non-Compete Agreements, Physicians

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California Mandates Unpaid Bereavement Leave for Employees: 4 Takeaways for Employers

A new law will require California employers to update their handbooks and leave policies — including their sick leave policies — to account for a new employee bereavement benefit. Governor Newsom approved the bill on September…more

Anti-Retaliation Provisions, Bereavement Leave, Employer Liability Issues, Employment Policies, New Legislation

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Do the Hustle: Gig Economy’s Side Hustle Goes Mainstream

When a friend took Van McCoy to New York City’s Adam’s Apple bar to watch an underground dance known as the “Hustle,” Van knew he had struck gold. In one hour, Van had written the future wedding reception staple “The Hustle.”…more

Gig Economy, Independent Contractors, Uber

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The Employer’s Essential Guide To This Year’s Super Bowl

The matchup is now set: the Los Angeles Rams will be playing the New England Patriots in Super Bowl LIII, and no doubt your employees are very much aware of the upcoming game. A good many of them will be among the estimated 110…more

Best Management Practices, Dress Codes, Employment Policies, Productivity, Sports Gambling

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Super Bowl Predictions! (And Some Workplace Advice for Employers While We’re At It)

Matt Carpenter: The 49ers will finally be able to shake off the Chiefs, winning their sixth Lombardi Trophy in a 31-24 game. Brock Purdy will go from Mr. Irrelevant to Super Bowl MVP, leading to an Academy Award-winning film in…more

Dress Codes, Employment Policies, Productivity, Sports Gambling, Super Bowl

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Longest Government Shutdown In History Is Impacting Workplace Law

As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown…more

Anti-Deficiency Act, Department of Homeland Security (DHS), Department of Justice (DOJ), Department of Labor (DOL), E-Verify

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A New Frontier? How President Biden’s Recent Executive Order May Affect Healthcare Providers

Earlier this summer, President Biden signed the much-anticipated “Executive Order on Promoting Competition in the American Economy.” The Order includes 72 initiatives, spanning a plethora of topics from over-the-counter hearing…more

Biden Administration, Certification Requirements, Employment Contract, Executive Orders, Federal Trade Commission (FTC)

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Weekly Checklist: The Best Way to Have 1:1 Meetings with Your Team Members

FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace relations and…more

Best Management Practices, Employee Evaluations, Human Resources Professionals, Managers, Productivity

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EEOC Proposes Regulations for New Pregnant Worker Accommodation Law: 7 Key Takeaways for Employers

Employers may soon have more clarity on providing pregnancy-related reasonable accommodations now that the Equal Employment Opportunity Commission (EEOC) released proposed regulations this week – but questions may still remain…more

Comment Period, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act, Proposed Regulation

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Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas…more

Business Closures, Centers for Disease Control and Prevention (CDC), Charitable Donations, COBRA, Coronavirus/COVID-19

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NYC Delivering on Minimum Wage Promise For App-Based Delivery Workers

For the first time ever, app-based restaurant delivery workers in New York City – engaged as independent contractors – are set to make a minimum wage. The nation’s first-of-its-kind law is set to have a massive impact, as it…more

Delivery Drivers, Independent Contractors, Minimum Wage, New Legislation, Wage and Hour

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Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

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SCOTUS Makes it Harder for Employers to Defend Against Whistleblower Retaliation Claims: Key Takeaways for Businesses

The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects financial…more

Burden-Shifting, Employer Liability Issues, Employment Litigation, Retaliation, Sarbanes-Oxley

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Tiger Woods Avoids Legal Rough…For Now: 3 Key Takeaways for Employers about Workplace Relationships, Non-Disclosure Agreements, and Arbitration

Tiger Woods’ recent legal issues could actually help employers better understand their rights and responsibilities when it comes to workplace relationships, non-disclosure agreements, and arbitration provisions. His former…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Employment Policies

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SCOTUS Predictions: Supreme Court Set to Limit Labor Board’s Reach Over Employers in Surprising Way

An impending Supreme Court decision is poised to transform how the National Labor Relations Board decides cases and may fundamentally alter the course of labor relations as we know it. We predict that a SCOTUS decision to be…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Constitutional Challenges

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Illinois Supreme Court Opens Door for Massive Damage Awards in Biometric Cases: 5 Things Employers Need to Know

The Illinois Supreme Court just ensured that employers who don’t strictly comply with the state’s landmark biometric law could be on the hook for massive damage awards, a ruling that should cause you to immediately review your…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employer Liability Issues

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How Can Employers Prepare for California’s New Cannabis Laws? Answers to Your Top 4 Compliance Questions

Two new employment-related cannabis laws will soon take effect in California, which may prompt changes to your employee handbooks and workplace policies. One law adds new employee protections for off-the-job cannabis use, and…more

California, Drug Testing, Employee Handbooks, Employment Policies, Hiring & Firing

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

5 Reasons You Might Rescind a Job Offer – and Top 5 Ways to Ease the Impact

Finding the right match between a job candidate and a critical role in your organization can take time, dedication, and even a little luck – so the need to rescind an offer of employment can be difficult for you and the…more

Background Checks, Best Practices, Drug Testing, Employer Liability Issues, Hiring & Firing

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Columbus Salary History Ban Takes Effect March 1: Top 5 Tips for Employers

Columbus has joined Cincinnati and Toledo — as well as many other cities and states across the country — in adopting a salary history ban. Employers with at least 15 employees operating within the city of Columbus are barred…more

Employer Liability Issues, Equal Pay, Hiring & Firing, Job Applicants, Local Ordinance

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Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern Conference…more

Breach of Contract, Computer Fraud and Abuse Act (CFAA), Confidential Business Information (CBI), Conversion, Defend Trade Secrets Act (DTSA)

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International Remote Working: 3 Factors Employers Need to Know About Reimbursing Remote Employees for Work-Related Expenses

As we gradually emerge from the prolonged COVID-19 pandemic, many employers are weighing requests from employees who want to continue working remotely at an out-of-state or international location – either on a long-term or…more

Business Expenses, Employment Policies, Reimbursements, Remote Working

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7 Steps to Comply with the CCPA

Getting into compliance with the California Consumer Privacy Act (CCPA) can seem like an overwhelming task. After all, the law is comprised not only of a dense statute and detailed regulations, but the amendment effective…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy

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D.C. Employers Face Minimum Wage Increase For Tipped Workers

Employers of tipped workers in Washington, D.C. may soon face a tipping point of their own as the result of a voter initiative just approved by voters. If the law takes effect, the minimum rate of pay for such workers will…more

Employer Liability Issues, Federal Labor Laws, Legislative Agendas, Minimum Wage, Tipped Employees

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5 Tips for Schools to Strengthen Enrollment Contracts from a Litigation Standpoint

You may feel like the school year just started, but as we near the end of 2023, it’s already time to start preparing for the 2024-2025 school year. With that in mind, we wanted to briefly discuss one of the key documents that…more

Contract Drafting, School Districts, Student Enrollment, Students, Tuition

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White House’s Labor Task Force Takes Aim at Gig Economy in New Report

The White House’s labor task force released a highly anticipated report on Monday as the next step in its long-term plan to “encourage worker organizing and collective bargaining” – and one section of the report takes square aim…more

Collective Bargaining, Department of Labor (DOL), Gig Economy, Independent Contractors, Misclassification

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OSHA’s Potential COVID-19 Standard May Require Employers To Provide Vaccines

One of President-elect Biden’s first actions when he assumes office may be creating an emergency standard for COVID-19 through the Occupational Safety and Health Administration (OSHA). As Fisher Phillips noted in November when…more

Coronavirus/COVID-19, Employment Policies, Infectious Diseases, OSHA, Vaccinations

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Colorado Set to Severely Limit Non-Competes and Other Restrictive Covenants: A 5-Step Action Plan for Employers

Colorado lawmakers just passed a law that will bring dramatic change to the non-compete landscape by significantly limiting the circumstances under which restrictive covenants may be used – virtually ending the practice of most…more

Colorado, Employer Liability Issues, Employment Contract, Forum Selection, Hiring & Firing

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SCOTUS Severely Limits Affirmative Action Admissions in Education: 6 Things You Should Do + 6 Things to Boost Diversity Efforts

The Supreme Court just severely restricted higher educational institutions from using race or ethnicity as part of their admissions process, curbing the practice of using affirmative action principles during admissions for…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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Florida’s Tort Reform Will Have an Impact on Employment Litigation – 5 Takeaways for Employers

Florida Governor Ron DeSantis and state lawmakers recently enacted significant tort reforms designed to restrict plaintiffs pursuing negligence claims – but which could give an unexpected boost to those pursuing costly…more

Admissible Evidence, Emotional Distress Damages, Employer Liability Issues, Employment Litigation, Florida

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Taking Notes from California: Colorado, Nevada, Texas, and West Virginia All Introduce CCPA-Inspired Consumer Privacy Legislation Within Weeks

A slew of consumer protection laws have been introduced throughout the country this year, with many taking notes from California’s Consumer Protection Act (CCPA). In the last month alone, in fact, Colorado, Nevada, Texas, and…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Breach, Data Collection, Data Controller

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Immigration Day In D.C.: New Executive Orders And Homeland Security Chief Herald Changing Times For Employers

In the span of a single day earlier this week, President Joe Biden signed three Executive Orders on immigration while the Senate confirmed Alejandro Mayorkas as Secretary of Homeland Security – actions that will eventually have…more

Asylum, Biden Administration, Department of Homeland Security (DHS), Executive Orders, Immigration Procedures

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California to Enact New COVID-19 Supplemental Paid Sick Leave Requirement

The California Legislature just approved a measure that dramatically extends and expands a requirement for employers to provide supplemental paid sick leave to employees impacted by COVID-19. Among other things, this new…more

Coronavirus/COVID-19, Corporate Counsel, Governor Newsom, New Legislation, Notice Requirements

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Surprise, Surprise: EEO-1 Reporting is Already Back! Your 5-Step Strategy Plan for Navigating 2024’s Deadline

You now have your marching orders for 2024: you’ll have to turn over your workforce demographic data to federal regulators between April 30 and June 4. Sound familiar? Why yes, you did just file your 2022 EEO-1 reports a few…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Filing Deadlines, Filing Requirements

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Rideshare and Chill? Lyft Introducing a Spotify/Netflix-Inspired Subscription Service

In many of the U.S.’s most congested cities, ridesharing is a way of life because owning a car is expensive and inconvenient. Among frequent riders, many use Uber and Lyft apps interchangeably depending on driver availability…more

Drivers, Employment Litigation, Gig Economy, Independent Contractors, Lyft

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New Executive Order to Block Businesses From Transferring Data to China and Other Countries of Concern – 4 Steps to Comply

President Biden just issued an Executive Order that will lead to new restrictions on transferring sensitive personal data to China and other “countries of concern” – and it may create massive new compliance obligations for your…more

Attorney General, Biden Administration, China, Data Collection, Data Privacy

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6 Things Employers Need to Know Before Offering Cryptocurrency in 401(k)s

Cryptocurrencies are currently one of the hottest topics in the world, and for good reason. Bitcoin’s fluctuations over the past year – from $10,000 in July 2020 to $63,000 in April 2021 and now settled to around $41,000 – has…more

401k, Benefit Plan Sponsors, Cryptocurrency, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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More Than Just a Game: U.S. Women’s Soccer’s Equal Pay Quest Takes World Stage

As the newly crowned world champion U.S. Women’s National Soccer Team members received their winners’ medals Sunday, chants of “equal pay!” reverberated through the stadium. Those in attendance were well aware that the men’s…more

Athletes, Class Action, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay

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From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to…more

Business Operations, Coronavirus/COVID-19, Corporate Governance, Data Security, Employee Benefits

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What California Employers Need to Know About New Leave Rights for Reproductive Loss: Your 5-Step Compliance Guide

Private employers in California with five or more employees and all public employers in the state must provide employees with leave for reproductive-related loss under a new law that took effect this year. SB 848 expands…more

Bereavement Leave, California, Employee Rights, New Legislation, Reproductive Healthcare Issues

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Is it Time to Mask Up Again? What Philadelphia’s Resurrected Mask Mandate Can Teach Employers Across the Country

Is it the first unwelcome step down a treacherously slippery slope or just a minor blip on the path towards a return to normalcy? That’s what we’re all trying to figure out as Philadelphia announced Monday the return of a mask…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Public Health

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Last Exit to Cooperstown: An Employer’s Guide to Baseball’s Latest Workplace Strife

Fall baseball provides a few guarantees for fans, as playoff races, assaults on historical records, and jockeying for draft position typically imbue the last month of the season with an air of certain uncertainty. This year,…more

Athletes, Baseball, Collective Bargaining Agreements (CBA), MLB, Settlement

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Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and in…more

Colleges, Educational Institutions, Employee Misconduct, First Amendment, Free Speech

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Pay for Delay? NLRB’s Top Prosecutor Wants Monetary Relief in Refusal-To-Bargain Cases

In another push to sharpen the National Labor Relations Board’s remedial teeth, NLRB General Counsel Jennifer Abruzzo recently asked the Board to impose harsher penalties on employers who refuse to bargain with unions. The…more

Corporate Counsel, Duty to Bargain, Employee Benefits, Employer Liability Issues, NLRA

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It’s Time to Get Your EEO-1 Ducks (or Data) in a Row: A 5-Step Action Plan for Employers

Many businesses will soon need to submit workforce demographic data to the Equal Employment Opportunity Commission (EEOC) sorted by employee job category, as well as sex and race/ethnicity. If you are a private employer with at…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Filing Deadlines, Filing Requirements

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Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2022 Edition

This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Corporate Counsel, Disaster Preparedness, Employee Assistance Programs, Employee Benefits

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Agreement on Key AI Terms Leads to Writer’s Strike Resolution: What Employers Need to Know

After nearly five months of heated negotiations and picketing, the Writers Guild of America (WGA) finally reached tentative consensus with the Hollywood studios on a new, three-year agreement, bringing an end to its strike early…more

Artificial Intelligence, Employment Policies, Employment Terms, Entertainment Industry, Screenwriters

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Labor Department Says Truck Drivers Need Not Be Paid For Sleeping - 3 Things You Need To Know About Opinion Letter

Trucking companies will no longer need to pay their drivers for certain off-duty time, potentially including time spent sleeping in their sleeper berth units, after the Labor Department issued an opinion letter yesterday…more

Commercial Truck Drivers, Department of Labor (DOL), Opinion Letter, Rest and Meal Break, Trucking Industry

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Deepfake Scammers Steal $25 Million From Company: 5 Ways You Can Avoid Being Victim to Latest AI Nightmare

A group of scammers recently used deepfake technology – now readily available to just about anyone – to trick a finance employee into paying them over $25 million of corporate funds. This might be one of the world’s biggest…more

Artificial Intelligence, Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection

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Oregon Hikes Penalty Maximums for Workplace Safety Violations: 4 Things You Need to Know

Oregon lawmakers just passed more stringent civil penalties and expanded the scope of workplace safety investigations – which means employers need to immediately acquaint themselves with these modifications and grasp the…more

Employer Liability Issues, New Legislation, Oregon, OSHA, Penalties

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FAQs On COVID-19 For Automobile Dealerships

The “Families First Coronavirus Response Act” will take effect on April 1, 2020, ushering in an emergency expansion of the federal Family and Medical Leave Act and federal paid sick, among other things. The Fisher Phillips…more

Automotive Industry, Car Dealerships, Coronavirus/COVID-19, Employer Liability Issues, Layoffs

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10 Tips to Help Massachusetts Employers Navigate Wage And Hour Issues During Reopening

As Massachusetts employers navigate reopening their workplaces while complying with federal, state, and local guidelines, it is helpful to gain some insight into government enforcement priorities. The Fair Labor Division of the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Earned Sick Time, Employer Liability Issues, Employer Responsibilities

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Weighing the Pros and Cons of Monitoring Remote Workers: 5 Tips for Employers

Remote and hybrid work arrangements continue to reshape the way employers approach performance management, and many organizations are turning to technology to help supervise offsite workers. Whether an employer simply notes when…more

Employee Monitoring, Employee Privacy Rights, Employer Liability Issues, Employment Policies, Productivity

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Washington’s New Non-Compete Bill Brings Challenges For Employers

Finding that “workforce mobility is important to economic growth and development,” Washington just passed a new law that will significantly restrict noncompetition agreements with both employees and independent contractors. The…more

Employer Liability Issues, Employment Contract, Former Employee, Garden Leave, Hiring & Firing

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Breaking News: California Can Immediately Enforce CCPA Regulations – Your 7-Step Plan for Data Privacy Compliance

A California appeals court just pressed fast-forward and ruled that the state can immediately begin enforcing new regulations governing the state’s cornerstone data privacy law instead of waiting until late next month. This…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cookie Banners, Cookies, Corporate Counsel

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SCOTUS Makes it Harder for Employers to Defend Against Whistleblower Retaliation Claims: Key Takeaways for Businesses

The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects financial…more

Burden-Shifting, Employer Liability Issues, Employment Litigation, Retaliation, Sarbanes-Oxley

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5 Things Kentucky Employers Need to Know About the State’s New Medical Cannabis Law

Kentucky just became the 38th state to legalize medicinal cannabis when Governor Andy Beshear signed SB 47 into law on March 31. This comes after many years of failed legislation and just a few months after the governor signed…more

Decriminalization of Marijuana, Drug Testing, Employment Policies, Hiring & Firing, Marijuana

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Tennessee Veterans Have New Employee Leave Rights

Without much fanfare, Tennessee has a new employee rights law on the books providing veterans with the guaranteed right to take an unpaid day off from work on Veteran’s Day – November 11. This new law was passed by the state…more

Employee Benefits, Employee Rights, Holiday Leave, New Legislation, State Labor Laws

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5 Reasons Why You Should Hire a Chief AI Officer – and 5 Reasons Why You Shouldn’t

Is it the hottest job in corporate America – or is it a passing fad that will fade away in a matter of months? Either way, 2024 will be the year of the Chief Artificial Intelligence Officer (CAIO). This Insight will briefly…more

Artificial Intelligence, C-Suite Executives, Hiring & Firing

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Super Bowl Predictions! (And Some Workplace Advice for Employers While We’re At It)

Matt Carpenter: The 49ers will finally be able to shake off the Chiefs, winning their sixth Lombardi Trophy in a 31-24 game. Brock Purdy will go from Mr. Irrelevant to Super Bowl MVP, leading to an Academy Award-winning film in…more

Dress Codes, Employment Policies, Productivity, Sports Gambling, Super Bowl

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An Employer’s Guide To Managing PTO Donation Requests In The COVID-19 Age

As the pandemic continues to scar wide portions of our society, a number of employees have expressed to their employers an interest in donating their own PTO to help co-workers and community members adversely impacted by…more

Charitable Organizations, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, IRS

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Businesses Have About a Month Left to Submit Comments on the FTC’s Proposed Non-Compete Clause Rule

Employers have about a month left if they want to submit a formal comment to the federal government about the proposal that would ban most noncompetition agreements and force you to rescind existing agreements – but should you?…more

Comment Period, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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Labor Relations 101 For Dealerships: An 8-Step Plan To Protect Your Organization

Dealerships are increasingly susceptible to employee complaints about pay and working conditions as well as employee efforts to unionize. These employee actions are generally protected by the National Labor Relations Act (NLRA)…more

Car Dealerships, Dispute Resolution, Employee Benefits, Employee Rights, Employment Policies

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Supreme Court Reins in Out-Of-Control Class Actions: Technical Statutory Violations Insufficient to Confer Class Members’ Standing

The U.S. Supreme Court just gave employers and businesses a powerful tool to fight back against those class actions seeking monetary damages where class members only experienced technical statutory violations. By a 5-to-4 vote…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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The Arbitration Whipsaw Continues – Court Reinstates Portions of California Prohibition of Mandatory Arbitration Agreements

- The Ninth Circuit rules that portions of Assembly Bill 51 are not preempted by the Federal Arbitration Act (“FAA”) and lifts a lower court’s injunction that barred the law from taking effect. - The court did rule that…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Employment Litigation

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

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LinkedIn Over Her Head: When Broadcasting a Change in Employment Counts as Solicitation

A recent blog post discussed an Illinois state court decision evaluating an employer’s claim against a former employee for breach of a non-solicitation agreement, when the employee had added former co-workers on LinkedIn after…more

Breach of Contract, Broadcasting, Former Employee, LinkedIn, Non-Solicitation Agreements

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Don’t Fall into the “Comp Time” Trap: It’s Generally Illegal in California

Many employees request time off instead of pay when they work overtime or are scheduled to work extra days including weekends, and you may be quick to oblige their wishes in an effort to be responsive to their desires. After…more

California, Compensatory Time Off, Corporate Counsel, Non-Exempt Employees, Over-Time

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

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6 Employer Questions to Answer Before Imposing a Surcharge on Unvaccinated Workers

Many employers are struggling to increase COVID-19 vaccination rates among their workforce, concerned not only about both the safety of the workforce but also the costs of COVID-19 treatment that could be avoided through…more

Coronavirus/COVID-19, Employer Group Health Plans, Health Insurance Portability and Accountability Act (HIPAA), Surcharges, Vaccinations

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Arizona Has Entered the Chat: Federal Court Rules That Non-Profit Schools Are Not Subject to Title IX

After two federal courts in Maryland and California ruled that private schools were subject to Title IX just by virtue of being non-profit, an Arizona court has weighed in with the opposite view and given hope to schools…more

501(c)(3), Colleges, Educational Institutions, Nonprofits, Private Schools

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7 Key Considerations When Using Artificial Intelligence In Recruitment And Hiring

In the new age of remote work and social distancing, more and more employers are showing an interest in artificial intelligence (AI) when it comes to recruiting and hiring new talent. This includes using AI to automate the…more

Artificial Intelligence, Data Collection, Employer Liability Issues, Hiring & Firing, Human Resources Professionals

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5-Step Plan for Employers as Missouri Legalizes Marijuana

When Missouri voters approved Amendment 3 this Election Day to legalize personal use of marijuana by adults 21 and older, employers were sure to have questions. Besides legalizing the recreational use of marijuana (also referred…more

Criminal Records, Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies

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Do Unions Have A Place In The Gig Economy?

When considering the place of unions in the gig economy, many jump to the conclusion that the National Labor Relations Act does not apply because gig workers are usually independent contractors. While it is true that the NLRA…more

Collective Bargaining, Drivers, Gig Economy, Independent Contractors, Labor Relations

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5 Key Takeaways for New Jersey Employers and Staffing Agencies as State Issues Proposed Regulations for Sweeping Temp Labor Law

New Jersey employers that rely on temporary labor are one step closer to fully understanding the contours of the groundbreaking temp worker rights law that recently took effect now that state regulators have released proposed…more

Comment Period, Employee Rights, Employer Liability Issues, Hiring & Firing, New Jersey

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California Workplace Safety Officials Adopt Indoor Heat Illness Rule Despite State Objections – What Employers Should Do During Legal Limbo

In a surprise move, the Cal/OSHA Standards Board just adopted a new indoor heat illness rule hours after state officials took the unprecedented step of pulling approval of the proposed rule because of its financial impact on…more

Cal-OSHA, California, Heat Exposure, Proposed Rules, Workplace Hazards

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California Supreme Court Says Payments for Missed Breaks are “Wages”: A 3-Step Action Plan for Employers

The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part of…more

CA Supreme Court, Corporate Counsel, Employer Liability Issues, Failure To Pay, Failure to Report

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Controversial Florida Parents’ Bill of Rights Law Takes Effect July 1: What Private Schools Should Know

Florida Governor Ron DeSantis just signed into law the Parents’ Bill of Rights on June 29, enumerating the rights of parents and legal guardians to “direct the upbringing, education, health care, and mental health” of their…more

Emergency Response, Governor DeSantis, Guardians, Health Care Providers, Minor Children

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5 Steps Manufacturing Employers Should Take As Industry Remains Top Target For COVID-19 Workplace Claims

Employers in the manufacturing industry have emerged as a prime target of COVID-19 workplace litigation. In fact, according to the Fisher Phillips COVID-19 Employment Litigation Tracker, manufacturing is the second-hardest hit…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination, Employment Litigation, Manufacturers

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7 Steps to Address Privacy Concerns Arising with the Remote “Invisible Workforce”

As remote work continues, employers have begun to characterize remote workers as the “invisible workforce” – because remote workers are not able to be seen or monitored in the same way as those performing in-person work. The…more

Best Practices, Confidential Information, Cybersecurity, Data Privacy, Data Protection

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Rising Inflation Will Lead to California Minimum Wage Hike in 2023: 5 Key Takeaways for Employers

California leads the nation in the call for higher minimum wages, emanating from the agricultural fields and reaching nearly every industry. Raising wages has been a major focus in the California Legislature – as well as in…more

California, Employer Liability Issues, Minimum Wage, State Labor Laws, Wage and Hour

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

5 Questions to Ask As You Rethink Your Job Requirements

Hiring the right people is one of the fundamental building blocks for creating a successful workforce. No doubt you have job requirements and expectations in place to ensure you hire workers who at least meet your minimum…more

Employee Retention, Hiring & Firing, Job Ads, Job Applicants, Job Duties

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Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern Conference…more

Breach of Contract, Computer Fraud and Abuse Act (CFAA), Confidential Business Information (CBI), Conversion, Defend Trade Secrets Act (DTSA)

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Pennsylvania Proposes More Than Doubling the Salary Level for Overtime Exemptions

On June 12, 2018, the Pennsylvania Department of Labor and Industry (“DLI”) submitted a proposed rulemaking to amend the regulations that exempt executive, administrative, and professional (EAP) salaried workers from overtime…more

Comment Period, Department of Labor & Industry, Department of Labor (DOL), Exempt-Employees, Minimum Wage

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Labor Board Temporarily Changes Notice Posting Requirement Due To Pandemic

The National Labor Relations Board usually requires employers to post on their premises notices of findings made against it by the Board within 14 days. However, the NLRB has temporarily modified this standard rule in order to…more

Coronavirus/COVID-19, NLRB, Notice Requirements, Posting Requirements, Unfair Labor Practices

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Court Halts Enforcement of Equal Benefits (But Not Equal Pay) Rules for Illinois Staffing Agencies and Their Clients: 3 Major Takeaways

A group of staffing associations and agencies successfully stopped the Illinois Department of Labor from enforcing parts of the new requirements meant to heighten equal pay rights under the state’s Day and Temporary Labor…more

Employee Benefits, Equal Pay, Illinois, New Amendments, Staffing Agencies

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Get Ready, Texas: Paid Sick Leave May Soon Be On Its Way

Employers in Dallas and San Antonio are on the verge of having to provide your workers with paid sick leave – and these new city ordinances are set to go into effect in the next few weeks. When the legislative session came to a…more

Employee Benefits, Employer Liability Issues, Employment Policies, Legislative Agendas, Local Ordinance

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Back-To-School FAQs For Educational Institutions During The COVID-19 Era

As the country begins to re-emerge amid the COVID-19 pandemic, whether and when any particular school will be ready to return for the upcoming school year and at what level will depend on the individual school, its location, and…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Employer Responsibilities, Health and Safety

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OSHA’s New Electronic Recordkeeping Rule Takes Effect: 6 Major Takeaways + 3 Key Steps for Employers

A long-anticipated workplace safety rule just took effect on January 1 prompting changes for certain employers that need to submit work-related injury and illness data. Specifically, the new recordkeeping rule updates the list…more

Electronic Filing, Employer Liability Issues, Final Rules, OSHA, Recordkeeping Requirements

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Back To The Future: It’s Time To Prepare For A Rollback Of Employer Rights At The NLRB

As you prepare for the prospect of a Biden presidency, businesses large and small should consider the potential impact on decision-making and regulatory reform at the National Labor Relations Board (NLRB) – whether or not your…more

Biden Administration, Collective Bargaining, Employment Policies, Independent Contractors, Joint Employers

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Transportation Arbitration Agreements Ruled Enforceable Under New Jersey’s Arbitration Act Despite U.S. Supreme Court Ruling

The New Jersey Supreme Court just ruled that state law ensures the enforceability of arbitration agreements with transportation workers despite a recent U.S. Supreme Court case that struck down such an agreement under federal…more

Arbitration Agreements, Commercial Truck Drivers, Federal Arbitration Act, Federal Aviation Administration (FAA), Independent Contractors

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Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

New Registration Law Might Catch Some Kentucky PEOs by Surprise: What Your Business Needs to Do to Comply

A new Kentucky law that passed in 2022 has completely changed the landscape of PEO licensing in the state – and some of the registration requirements may catch even the most diligent businesses off guard. A few of the more…more

New Legislation, Professional Employer Organization, Registration Requirement

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Weekly Checklist: How Stay Interviews Can Help Curb Career Cushioning

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace relations…more

Employee Retention, Hiring & Firing, Human Resources Professionals, Interviews, Recruitment Policies

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Top Workplace Law Stories You May Have Missed from April 2023

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 for the past few years — and this past month…more

Artificial Intelligence, Automation Systems, California Consumer Privacy Act (CCPA), Department of Labor (DOL), Enforcement

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California Employers Face Minimum Wage Increases This July 1

With the Consumer Price Index recently showing the largest spike in 30 years, California employers need to brace themselves and prepare for the minimum-wage hikes going into effect in several cities across the state on July 1,…more

IRS, Local Ordinance, Minimum Wage, Paid Sick Leave, Standard Mileage Rates

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The Super Bowl Shouldn’t Be A Super Headache For Employers

Now that we know that the Kansas City Chiefs will be playing the San Francisco 49ers in Super Bowl LIV in a few weeks, it’s time to assess whether this annual American tradition will create any workplace issues for your…more

Attendance, Dress Codes, Employer Liability Issues, Employment Policies, Lost Productivity

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U.S. House Passes Federal Paid Family Leave Bill – Could It Be Coming Your Way Soon?

The U.S. remains one of only a handful of developed countries without a federal paid family leave law – but we are one step closer to such a plan becoming reality as the U.S. House of Representatives recently passed a program…more

Employee Benefits, Federal Labor Laws, Paid Family Leave Law, Paid Leave, Sick Leave

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SCOTUS Sets High Bar For Those Bringing Race Discrimination Cases

In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation. This…more

42 U. S. C. § 1981, Appeals, Burden of Proof, But For Causation, Civil Rights Act

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Salary-Threshold Proposal Apparently Months Away

A recent U.S. Department of Labor regulatory status report indicates that no proposal to change the 2016 compensation revisions affecting the federal Fair Labor Standards Act's so-called "white collar" exemptions will be…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Proposed Rules, Wage and Hour, White-Collar Exemptions

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Suspension of Premium Processing for H-1B Cases Starting on April 3, 2017

The U.S. Citizenship and Immigration Services (USCIS) has announced that starting on April 3, 2017 (and to continue for up to six months), it is suspending Premium Processing for all H-1B visa petitions, including petitions for…more

Foreign Workers, H-1B, USCIS, Visas

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Are Your Student-Athletes Employees? NLRB Regional Director Says So

A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your…more

College Athletes, Colleges, Employee Definition, NLRA, NLRB

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Don’t Panic Just Yet – The 8 Things Los Angeles Hotels Need to Do to Comply with New Worker Protection Ordinance

A new law set to take effect on August 6 will require hotels in the City of Los Angeles to implement new protections for certain hotel workers and raises the minimum wage at more hotels in the City of Los Angeles. Similar hotel…more

Anti-Retaliation Provisions, Employer Liability Issues, Hospitality Industry, Hotels, Local Ordinance

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Alabama is the Latest State to Join the Pay Equity Law Bandwagon

Alabama recently joined 48 other states by passing a law banning wage discrimination. On June 11, Governor Kay Ivey signed HB 225, known as the Clarke Figures Equal Pay Act, into law. The Act’s effective date is August 1. In…more

Civil Rights Act, Employer Liability Issues, Equal Pay Act, Gender-Based Pay Discrimination, Governor Ivey

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Fresh From The Oven: Appeals Court Tosses Out Rulings on Pizza-Delivery Driver Mileage Rates, Serves Several Wins for Employers

An appeals court just ruled that pizza companies do not need to use the Internal Revenue Service’s standard mileage rate when reimbursing their delivery drivers for the actual costs of using their vehicles for work. In reaching…more

Appeals, Burden of Proof, Collective Actions, Delivery Drivers, Fair Labor Standards Act (FLSA)

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Student-Athletes Win This Tournament Round: The Supreme Court Issues a Unanimous Decision Against the NCAA on Benefits Issue

By a 9-0 vote, the U.S. Supreme Court yesterday ruled in favor of student-athletes on the NCAA rules restricting education-related benefits given to athletes. However, while the ruling in yesterday​​​​​​​’s NCAA v. Alston case…more

Alston v NCAA, Antitrust Violations, College Athletes, Colleges, Compensation

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New Jersey Governor Issues New Executive Order As State Experiences Coronavirus “Second Wave”

“It is coming and it is coming now,” says New Jersey Governor Phil Murphy of the second coronavirus wave hitting the state. To address the public health dangers of the new uptick in cases, which are exacerbated by the return of…more

Coronavirus/COVID-19, Employee Training, Employer Liability Issues, Executive Orders, Governor Murphy

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Democratic Lawmakers Push for Compulsory Union Membership and Dues Payment in Reintroduced Legislation

In yet another push to strengthen worker organizing efforts, a group of Democratic lawmakers joined Senator Elizabeth Warren (D-Mass.) and Representative Brad Sherman (D-Calif.) last week in announcing the reintroduction of the…more

NLRA, Proposed Legislation, Right to Work, Union Dues, Union Membership

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Employers Should Prepare For March’s H-1B Lottery – But Wage-Based Selection System Pushed Off Until Next Year

Federal immigration officials recently announced that the annual process for determining who will be able to apply for an H-1B visa will be held in largely the same manner as it was held last year – meaning that the proposed…more

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

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Wired For Sound: The Ins And Outs Of Workplace Recordings

Consider the all-too-real scenario of meeting with your employee for a disciplinary discussion. At the start of the meeting, he innocently puts his phone face down on the table. Unbeknownst to you, however, anticipating the…more

Audio Recording, Employee Handbooks, Employee Privacy Rights, Employment Policies, NLRA

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Pandemic-versary is Upon Us: The 5 Ways Your Workplace is Different Now Than 3 Years Ago

It was March 11, 2020 – three years ago – that a series of earth-shattering events occurred over the course of a few hours that would forever change the nature of the workplace. Most of us remember exactly where we were on the…more

Coronavirus/COVID-19, Employment Policies, Mental Health, Remote Working, Vaccinations

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The 7 Main Takeaways for Healthcare Employers Now That OSHA Has Finally Unveiled Its Long-Awaited COVID-19 Emergency Temporary Standard

Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the…more

Anti-Retaliation Provisions, Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Employee Training, Employer Responsibilities

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Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage…more

Business Operations, Corporate Counsel, Employee Benefits, Employer Liability Issues, Furloughs

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Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher Phillips…more

Appeals, Citations, Complaint Procedures, Discovery, Electronic Records

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Kentucky Close To Passing Consumer Privacy Law: 10 Things Businesses Need to Know

Kentucky may soon become the next state to join the growing roster of states passing comprehensive consumer privacy laws, now one step closer to creating a framework that will have a significant impact on how businesses handle…more

Consumer Privacy Rights, Data Collection, Data Controller, Data Privacy, Data Processors

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Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

See all updates »

Full House: A Fully Constituted Biden NLRB is Here

Since President Biden’s inauguration, employers have known that the National Labor Relations Board (NLRB) would eventually return to a majority beholden to the interests of organized labor. However, the big question was when…more

Biden Administration, Labor Relations, NLRA, NLRB, NLRB General Counsel

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Fair Workweek Laws: Navigating the What, Where, and How of Compliance

Employers currently face a patchwork of state and local “fair workweek” laws that are difficult to navigate. While federal lawmakers have recently stepped into the fray with their own proposals, seeking to establish more…more

Employee Rights, Employer Liability Issues, Fair Workweek, Federal Labor Laws, Hospitality Industry

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SCOTUS Says Airplane Cargo Loaders Are Exempt from Federal Arbitration Act: Key Employer Takeaways

An airline can’t require a ramp supervisor who alleged that she frequently loaded cargo onto airplanes to arbitrate her claim for overtime pay under the Federal Arbitration Act (FAA), the Supreme Court decided in an 8-0 ruling…more

Airlines, Arbitration, Arbitration Agreements, Class Action, Federal Arbitration Act

See all updates »

2 Key Employers Takeaways from Professional Sport’s Continued Adoption of Crypto and Blockchain Technology

As cryptocurrency and blockchain technology continue their way into the mainstream, one key industry that stands out for its adoption of blockchain technology is professional sports. Professional leagues and teams have been…more

Blockchain, Collective Bargaining Agreements (CBA), Cryptocurrency, Employer Liability Issues, Independent Contractors

See all updates »

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal guidelines…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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"Watch Me Get Fired" Videos Are Going Viral: 7 Tips for Employers to Navigate New Trend

A scroll through social media will quickly reveal that we’re in a new workplace era where the stigma attached to being fired or laid off is waning and many people are seeking solidarity online. In recent viral posts on TikTok,…more

Confidentiality Policies, Employee Handbooks, Employer Liability Issues, Employment Policies, Hiring & Firing

See all updates »

Expecting A Big Change: Nevada’s New Pregnant Workers’ Fairness Act

The state legislature recently enacted the Nevada Pregnant Workers’ Fairness Act (NPWFA) to expand the scope of protection for employees and applicants. The NPWFA is based on the federal Pregnancy Discrimination Act (PDA), and…more

Americans with Disabilities Act (ADA), Breastfeeding, Interactive Process, New Legislation, Notice Requirements

See all updates »

Alabama’s New Equal Pay Act Set To Soon Take Effect

The State of Alabama passed an Equal Pay Act in the 2019 legislative session that is set to take effect on September 1, 2019. Employers must begin their preparations to comply with the law now because there are new timekeeping…more

Employer Liability Issues, Equal Pay, Equal Pay Act, New Legislation, Pay Equity Laws

See all updates »

SCOTUS Ruling Protects Top 3 Benefits of Arbitration: Key Takeaways for Employers

Employers seeking to move workplace claims from the courthouse to arbitration received some good news Friday from the U.S. Supreme Court. If a trial court denies a party’s request to compel arbitration, the court must pause…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Coinbase

See all updates »

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for…more

Artificial Intelligence, Audits, Bias, Corporate Counsel, Employee Monitoring

See all updates »

Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution

Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic, most…more

Foreign Nationals, Green Cards, Hiring & Firing, National Interest Waiver, PERM

See all updates »

It’s The Lawmakers’ Turn: State Legislatures Take Steps To Ensure Gig Workers Are Contractors

Online digital marketplaces such as Uber, Handy, and PostMates are now firmly rooted in many American’s daily lives. With the seemingly overwhelming and growing presence, these companies continue to face uncertainty when…more

Gig Economy, Independent Contractors, Legislative Agendas, Misclassification, State Labor Laws

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Could Thursday Be the Day? SCOTUS Signals Vaccine Decisions Might Be Released Later this Week

The Supreme Court may have just tipped its hand as to when employers can expect to learn the fate of both the OSHA Vaccine ETS and the CMS Healthcare Vaccine Mandate. SCOTUS released its updated calendar for the remainder of…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA

See all updates »

Department of Education Issues Dear Colleague Letter as Campus Tensions and Hate Crimes Rise: 5 Steps for Educational Institutions

The Department of Education recently reminded educational institutions receiving federal funding of their responsibility to foster inclusive campuses in light of the nationwide rise in hate crimes and threats to Jewish, Israeli,…more

Anti-Discrimination Policies, Anti-Harassment Policies, Colleges, Dear Colleague Letter, Department of Education

See all updates »

Macau Court’s Recent Ruling Aligns with Growing Trend to Protect Non-Resident Migrant Workers in Asia

A Macau court recently held in favor of non-resident Filipino workers who brought claims for unpaid wages against a cleaning service provider. The landmark ruling — finding the employer liable for multiple labor violations —…more

Asia, Employee Rights, Employer Liability Issues, Employment Litigation, Hiring & Firing

See all updates »

An Employer’s Step-By-Step Guide To COVID-19-Related Tax Credits For Paid Leave

The Internal Revenue Service just provided an initial guidance document to assist small- and medium-sized companies with the process of defraying the costs of paid sick leave required under the Families First Coronavirus…more

Coronavirus/COVID-19, Corporate Counsel, Families First Coronavirus Response Act (FFCRA), Paid Leave, Required Documentation

See all updates »

North Carolina Employers Face New Wage and Hour Requirements

North Carolina Governor Roy Cooper recently signed Senate Bill 208 into law to make changes to the state’s Wage and Hour Act — changes that may have a big impact on North Carolina employers. The changes took effect on July 8,…more

Hiring & Firing, New Legislation, North Carolina, Notification Requirements, State Labor Laws

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A Recent Proposed Change In The Law Embraces A Broader Standard For Determining Who Is An ‘Employer’ In Kentucky

More businesses in Kentucky may be considered “joint employers” if a proposed change that appears to broaden the test for an employment relationship is finalized. In recent years, courts and administrative agencies have used…more

Comment Period, Hiring & Firing, Joint Employers, Proposed Regulation, Public Comment

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Puff, Puff, Passed: A 6-Step Plan for Ohio Employers as Recreational Marijuana Legalized

Ohio voters just passed a statutory initiative to legalize adult use (and purchase) of recreational marijuana in the state, becoming the 24th state to do so. Specifically, Issue 2 – which passed on November 7, permits Ohioans to…more

Decriminalization of Marijuana, Drug Testing, Employment Policies, Hiring & Firing, Marijuana

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Federal Government Announces New Affirmative Action Plan Certification Requirements for Federal Contractors

Federal officials just announced that supply and service federal contractors and subcontractors who meet the designated jurisdiction thresholds for creation and maintenance of Affirmative Action Plans (AAPs) will soon need to…more

Affirmative Action, Certification Requirements, Federal Contractors, OFCCP, Registration Requirement

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Medical Marijuana Comes To Arkansas

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

Corporate Counsel, Department of Health and Human Services (HHS), Dispensaries, Employer Liability Issues, Employment Policies

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Illinois Supreme Court Makes Clear that Workers’ Compensation Law Does Not Preempt States’ Biometric Information Privacy Act

Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Employee Privacy Rights, Fingerprints

See all updates »

Steering Your Auto Dealership into Compliance with New Information Security Rules: A 9-Step Guide

Auto dealerships that provide financing are subject to the Gramm Leach Bliley Act (GLBA). That’s the old news. What’s new is that GLBA-covered businesses have until December 9 to implement significant changes to their…more

Car Dealerships, Consumer Privacy Rights, Customer Information, Data Privacy, Data Protection

See all updates »

Top Workplace Law Stories You May Have Missed from April 2023

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 for the past few years — and this past month…more

Artificial Intelligence, Automation Systems, California Consumer Privacy Act (CCPA), Department of Labor (DOL), Enforcement

See all updates »

Governor Signs Sweeping Changes to Untangle Oregon’s Jumbled Leave Laws: Key Takeaways and a 5-Step Action Plan for Employers

Governor Kotek signed a bill into law today harmonizing Oregon’s overlapping and confusing set of leave laws. The new framework distinguishes different types of leave events under the state’s various laws and stops those leaves…more

Bereavement Leave, Corporate Counsel, Employee Benefits, Leave of Absence, Medical Leave

See all updates »

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher Phillips…more

Appeals, Citations, Complaint Procedures, Discovery, Electronic Records

See all updates »

The Battle Over “Frequency of Pay” Claims in New York Continues: 3 Top Issues for Employers to Track

The legal landscape for “frequency of pay” claims involving manual workers in New York has recently been bubbling with activity. The state law at issue regulates the frequency in which “manual workers” must receive their wages…more

Employer Liability Issues, Employment Litigation, Liquidated Damages, New York, Private Right of Action

See all updates »

12-Step Plan To Help Navigate OSHA’s Continued Focus On Workplace Violence

Healthcare employees are nearly five times more likely than workers in other fields to be victims of workplace violence, according to federal government statistics. Because of this disparity, the Occupational Safety and Health…more

Employer Liability Issues, Health Care Providers, Healthcare Workers, OSHA, Policies and Procedures

See all updates »

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration…more

Biden Administration, Collective Bargaining, Collective Bargaining Agreements (CBA), Construction Industry, Construction Project

See all updates »

Democratic Lawmakers Push for Compulsory Union Membership and Dues Payment in Reintroduced Legislation

In yet another push to strengthen worker organizing efforts, a group of Democratic lawmakers joined Senator Elizabeth Warren (D-Mass.) and Representative Brad Sherman (D-Calif.) last week in announcing the reintroduction of the…more

NLRA, Proposed Legislation, Right to Work, Union Dues, Union Membership

See all updates »

Staffing Agencies Will Be Using AI in 2024 – Your Overview of the Benefits and the Risks

Artificial intelligence is already changing the landscape of the workplace – and has the potential to change the very business model used by staffing agencies. What benefits can staffing agencies realize by deploying AI tools?…more

Artificial Intelligence, Hiring & Firing, Human Resources Professionals, Recruitment Policies, Staffing Agencies

See all updates »

Private Facebook Posts Could Be Fair Game For Discovery

New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)…more

Appeals, Disclosure, Discovery Disputes, Electronically Stored Information, Facebook

See all updates »

5 Key 2022 Updates to Form I-9 Compliance as Employers Head Into 2023

As we say goodbye to 2022 and set course for 2023, it’s a good time to reflect on changes that have occurred in the past year – and changes we expect to occur in the new year. This is especially true when it comes to the field…more

Artificial Intelligence, Audits, Compliance, Department of Homeland Security (DHS), E-Verify

See all updates »

New Illinois Restrictive Covenant Law Ushers in New Day for Financial Services Employers

Illinois recently joined a growing number of states by enacting tighter restrictions on the enforceability of workplace restrictive covenants – and financial services firms both in and out of Illinois need to start facing a new…more

Financial Services Industry, Illinois, New Legislation, Non-Compete Agreements, Non-Solicitation Agreements

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

See all updates »

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before, for…more

Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues, Employment Litigation, Failure to Accommodate

See all updates »

Super Bowl Predictions! (And Some Workplace Advice for Employers While We’re At It)

Matt Carpenter: The 49ers will finally be able to shake off the Chiefs, winning their sixth Lombardi Trophy in a 31-24 game. Brock Purdy will go from Mr. Irrelevant to Super Bowl MVP, leading to an Academy Award-winning film in…more

Dress Codes, Employment Policies, Productivity, Sports Gambling, Super Bowl

See all updates »

Eligibility Rules Need To Be In Writing

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

Affordable Care Act, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Mandates, Full-Time Employees

See all updates »

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase…more

Affirmative Action, Background Checks, Blockchain, Coronavirus/COVID-19, Corporate Counsel

See all updates »

Chicago Amends Ordinances Providing Greater Employee Protections for Bodily Autonomy and Criminal Histories

The City of Chicago recently amended two existing ordinances to provide greater protections for employees in the areas of bodily autonomy and criminal conviction histories. Both the Bodily Autonomy for All Ordinance and the…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Ban the Box, City of Chicago, Criminal Background Checks

See all updates »

MSHA Finally Releases Proposed Silica Rule: What Should You Do Now?

The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday. Employers…more

Mine Safety and Health Administration (MSHA), Mining, Occupational Exposure, Proposed Rules, Public Comment

See all updates »

Will California Employees Soon Be Saying TGIT? The 4-Day Workweek May Be Here Sooner Than You Think

Will Californians across the state soon be saying “Thank God it’s Thursday” as they look forward to a mandated three-day weekend all year round? Efforts to reduce work time have regained steam with the California Legislature’s…more

Minimum Workweek, Over-Time, Proposed Legislation, State Labor Laws, Wage and Hour

See all updates »

Beyond HIPAA: What Businesses Need to Know as States Join Trend to Protect Consumer Health Data

For decades, medical providers and other covered entities have satisfied their health-data privacy obligations by complying with the federal Health Insurance Portability and Accountability Act (HIPAA) — but this is changing as…more

Consent, Consumer Privacy Rights, Covered Entities, Data Collection, Data Deletion

See all updates »

California Employers Are Now Required to Pay for Food Handler Cards: Your 4-Step Action Plan

California has long required food handlers in restaurants to obtain certification — and until now, training and testing has been the employee’s responsibility. A new law Governor Newsom approved on October 8, however, shifts…more

California, Food Safety, Food Service Workers, New Legislation, Restaurant Industry

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3 Key Reminders to Ensure Your Non-Compete Agreements are Effective and Enforceable in 2022

Employers routinely rely on restrictive covenants, such as non-compete agreements and non-solicitation agreements, to remain competitive and protect important confidential information and trade secrets. However, in the past year…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Non-Compete Agreements

See all updates »

Employers Need To Be Wary About Renewed Unemployment Fraud

Imagine learning that your organization has received an official notice from a state department of labor office noting that your application for unemployment benefits has been approved in connection with your recent layoff, and…more

Coronavirus/COVID-19, Fraud, Unemployment Benefits, Unemployment Insurance

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Have Your Dealership’s ADA Obligations Changed During The Pandemic?

Over the past several weeks – or months, depending on where you are located – dealerships have had to quickly respond to challenges stemming from the COVID-19 outbreak. From closing sales departments, to working with employees…more

Americans with Disabilities Act (ADA), Car Dealerships, Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues

See all updates »

Federal Immigration Officials Announce H-1B Cap Registration Updates and New Program Integrity Measures: Key Points for Employers

Employers should get ready for the 2025 H-1B cap registration to open at 12 PM EST on March 6 and run through 12 PM EST on March 22. Employers will continue to have the opportunity to complete and submit their registrations…more

H-1B, Highly-Skilled Workers Visa, Registration Fees, Registration Requirement, USCIS

See all updates »

Is Your Business Prepared for an I-9 Audit this Holiday Weekend? A 5-Step Action Plan

Last year, federal immigration authorities decided that summer holiday weekends were the perfect time to spring I-9 audits on unsuspecting employers – and signs point toward this trend repeating this coming July 4 and Labor Day…more

Audits, Employer Liability Issues, Employment Eligibility Verification, Form I-9, Hiring & Firing

See all updates »

NFTs Aren’t Just Revolutionizing Art, Sports, and Videogames – They’re Changing the Future of Employment

NFTs – or non-fungible tokens – are increasingly popular among artists, sports figures, and the video game industry. But NFTs (some selling for upwards of eight figures) are not just for gamers, Mark Cuban, and the ultra…more

Best Practices, Blockchain, Confidential Information, Data Privacy, Data Protection

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Coming USCIS Furloughs Expected to Further Delay Petition Processing

Due to a dramatic decrease in revenue during the coronavirus pandemic, roughly 13,400 U.S. Citizenship and Immigration Services (USCIS) employees will receive notice of administrative furlough on or before July 2. USCIS has…more

Coronavirus/COVID-19, Delays, Furloughs, Hiring & Firing, Layoffs

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Supreme Court Blocks Access to Company Property for Agricultural Union Organizing Absent Just Compensation

In an opinion authored by Chief Justice John Roberts, the Supreme Court yesterday issued a ruling that should result in a decrease in union organizing efforts for agricultural workers. In a 6-to-3 ruling in Cedar Point Nursery…more

Agricultural Workers, Cedar Point Nursery v Hassid, Farm Workers, Farms, Fifth Amendment

See all updates »

California Determined to Take Lead on AI Regulation: A Glance at The State’s Proposed Artificial Intelligence Rules

California wants to rein in artificial intelligence – and that means employers and businesses need to step up and pay attention. State lawmakers are considering more than 30 AI-related bills across a wide range of topics while…more

Access to Information (ATI), Algorithms, Artificial Intelligence, California, Consumer Privacy Rights

See all updates »

Are You Thinking About Bringing Your Employees Back to the Office? Read This First

You may have read recent headlines about companies making moves to bring more workers back onsite. Even Zoom — the online meeting platform that got many people through the pandemic — is calling for a bigger in-person presence in…more

Employee Benefits, Employer Liability Issues, Employment Policies, Remote Working, Return-to-Work Agreements

See all updates »

Managed By Robots: Dystopian Fate Or Utopian Fantasy?

These days, technology occupies nearly every part of our lives. There is an app for everything, and we can order virtually anything we want on demand and have it arrive on our doorstep nearly immediately. We want things, we want…more

Automation Systems, Disability Discrimination, Employee Privacy Rights, Employee Tracking, Rest and Meal Break

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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