Fisher Phillips

Supreme Court Punts On Issue Of "Standing" To Pursue Class Action Claims

Earlier this week, by a 6-2 vote, the Supreme Court issued a “no decision” decision on an issue important to employers facing class action litigation. The Court decided that the 9th Circuit Court of Appeals needed to review…more
| Civil Procedure, Civil Remedies, Constitutional Law, Labor & Employment Law, Privacy

Supreme Court Leaves Massive Attorney's Fee Award Against EEOC Unresolved

But Decision Could Still Be Helpful For Employers - Today, in a unanimous 8-0 decision, the U.S. Supreme Court declined to issue a definitive ruling on whether an employer is entitled to recover nearly $5 million dollars in…more
| Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law

Big Data, Background Checks, and Discrimination

On May 4, 2016, the White House released a report entitled “Big Data: A Report on Algorithmic Systems, Opportunity, and Civil Rights” to herald its focus on discrimination in “big data” assisted personnel screening algorithms. …more
| Civil Rights, Labor & Employment Law, Privacy, Science, Computers, & Technology

California Employers Will Soon Face Increased Wage-And-Hour Obligations

New Federal Regulations Include A Higher Minimum Salary Requirement - As of December 1, 2016, the minimum salary for salaried exempt employees under the federal Fair Labor Standards Act (FLSA) will increase from $455 to…more
| Labor & Employment Law

USDOL Releases Details On Exemption Revisions

At long last, the U.S. Labor Department has disclosed the details of its final revised regulations defining the executive, administrative, professional, "outside salesman", and derivative exemptions under the federal Fair Labor…more
| Labor & Employment Law

New Exemption Rules Finally Arrive: Employers Should Prepare For The Impact

The U.S Labor Department (USDOL) has finally released the anxiously awaited revised regulations affecting certain kinds of employees who may be treated as exempt from the federal Fair Labor Standards Act's (FLSA) overtime and…more
| Labor & Employment Law

High Court Sidesteps Contraceptive Coverage Decision – For Now

The Supreme Court declined to rule on whether religiously affiliated nonprofits can be required to affirmatively “opt out” of providing contraceptive coverage to their employees, which would have triggered separate contraceptive…more
| Civil Procedure, Civil Remedies, Health, Labor & Employment Law

All Is Now Well? – EEOC Finalizes Employer Wellness Program Rules

Today, the U.S. Equal Employment Opportunity Commission (EEOC) published the final versions of two new rules regulating employer-sponsored wellness programs. The rules, which will go into effect in 2017, allow employers to offer…more
| Labor & Employment Law

Boards Of Education Beware: Ohio Supreme Court Closes Door On Open Meeting Loopholes

Because public body meetings are required to be open to the public in Ohio, just exactly what constitutes a “meeting” of a public body has long been a matter of some debate, especially as means of communication have expanded…more
| Administrative Law, Education

Federal Government Guidance On Transgender Students Breaks Barriers

On May 13, 2016, the U.S. Department of Education and U.S. Department of Justice published a guidance document for elementary and secondary schools that summarizes emerging practices for supporting transgender students. While…more
| Administrative Law, Civil Rights, Education

Non-compete Restrictions in Texas Severance Agreements

One of the most frequent Texas non-compete questions I am asked is whether an employee and employer can enter an enforceable non-compete agreement at the time of termination. From the employee's perspective, this seems like…more
| Commercial Law & Contracts, Labor & Employment Law

The Dearth of Restrictive Covenant Case Law in Georgia

It was five years ago this week (May 11, 2011, to be precise) that Georgia's new restrictive covenant statute went into effect. Prior to the effective date of the statute, Georgia was (surprisingly for many out-of-state lawyers…more
| Labor & Employment Law

The Seizure Provisions of the Defend Trade Secrets Act

Last week, President Obama signed into law the Defend Trade Secrets Act. Among its many interesting provisions is a detailed procedure for a party to request, ex parte, the seizure of property in order to "prevent the…more
| Intellectual Property, Labor & Employment Law

OSHA Greatly Increases Workplace Injury Reporting Requirements

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a final rule on May 11, 2016 that greatly enhances injury and illness data collection from employers. The new rule will require many…more
| Labor & Employment Law

Employers, Beware: New Federal Trade Secrets Law Contains A Hidden Trap

With the recent passage of the Defense of Trade Secrets Act (DTSA), businesses are welcoming the many benefits the statute brings, including federal jurisdiction, robust equitable relief, and the ability to recover compensatory…more
| Business Torts, Commercial Law & Contracts, Labor & Employment Law
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