Fisher Phillips

Congress has Voted to Kill OSHA’s “Volks Rule – So What Does that Really Mean?

If one listens to various Democrat and labor talking heads, you would think that Congress has rolled back 40 years of worker protections by passing a resolution killing the new OSHA rule, which permitted OSHA to cite employers…more
| Elections & Politics, Labor & Employment Law

Cheerio! Influence on the U.S. Gig Economy from Across the Pond?

Many point to the Brexit movement as a sign that Donald Trump’s White House victory should have not been a surprise. Will a potential movement afoot in the United Kingdom be a precursor of things to come in the gig economy for…more
| International Law & Trade, Labor & Employment Law

Is This The Year for Real PAGA Reform? – Don’t Hold Your Breath

Over the last several years, the level of employer complaints about PAGA has reached a deafening crescendo. For some time now, employers have expressed deep concern about abusive litigation tactics and “extortionate” PAGA…more
| Civil Remedies, Elections & Politics, Labor & Employment Law

Hot List – What’s Happening in the California Legislature 3/27-3/31

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week..…more
| Agriculture, Education, Elections & Politics, Health, Labor & Employment Law

Fight Over Seattle’s Attempt To Unionize On-Demand Economy Reaches Critical Point

If the City of Seattle has its way, your next ride-sharing driver could be part of a first-of-its-kind union. And if on-demand economy companies have their way, the courts will block any such unionization efforts before they…more
| Antitrust & Trade Regulation, Conflict of Laws, Constitutional Law, Labor & Employment Law, Transportation

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
| Elections & Politics, Immigration Law, Labor & Employment Law

Notes From Acosta Confirmation Hearing

U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal…more
| Elections & Politics, Labor & Employment Law

Supreme Court Increases School Standards For Students With Disabilities

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act (IDEA)…more
| Civil Rights, Education

Supreme Court Gives WARN-ing To Companies In Bankruptcy: Don’t Ignore Wage Claims

The U.S. Supreme Court held today in a 6 to 2 decision that “structured dismissals” resolving Chapter 11 bankruptcy proceedings cannot deviate from the Bankruptcy Code’s priority scheme without the consent of the affected…more
| Bankruptcy, Business Organizations, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

 Be Careful About Signing USDOL Back-Wage Summaries

When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a…more
| Labor & Employment Law

Supreme Court Uses Labor Case To Again Stifle Presidential Power

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a…more
| Administrative Law, Constitutional Law, Elections & Politics, Labor & Employment Law

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected to Appeal

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the Ninth…more
| Civil Remedies, Constitutional Law, Elections & Politics, Immigration Law, Transportation

Latest Misclassification Settlement Fails To Lyft Sharing Economy Companies

Late last week, a federal court judge in California approved a settlement agreement whereby ride-sharing company Lyft agreed to pay $27 million to approximately 95,000 California drivers who alleged they were misclassified as…more
| Civil Remedies, Labor & Employment Law, Transportation

It’s Getting Hot in Here! – Employers React with Concern and Confusion to Cal/OSHA Draft Indoor Heat Illness Standard

For the past 12 years, California has maintained a Cal/OSHA standard designed to minimize heat illness in outdoor places of employment. However, legislation enacted last year (SB 1167) now requires Cal/OSHA to develop a heat…more
| Labor & Employment Law

The Future Rise Of The “Contributor” – Are We Closer To Finding That Elusive Third Category Of Worker?

According to a recent survey by Randstad US, an HR and staffing services company a growing number of workers prefer to be known as “contributors” rather than employees or independent contractors. Reflecting a restlessness in the…more
| Labor & Employment Law
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