Fisher & Phillips LLP

Pennsylvania Supreme Court Finds That UWOA Language Does Not Waive Right to Challenge Adequacy of Consideration for Restrictive Covenant

On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing…more
| Commercial Law & Contracts, Labor & Employment Law

LATEST UPDATE: When Will The Exemption Changes Occur?

The U.S. Labor Department's most-recent semi-annual regulatory agenda shows a July 2016 "Final Rule" timeframe for the revised regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions…more
| Labor & Employment Law

European Union: Working time for workers with no fixed place of work

If you employ or plan to employ workers in the European Union who have no habitual or fixed place of work, you should be aware of a recent ruling of the European Court of Justice (“ECJ”). The ECJ determined in September that…more
| Labor & Employment Law

More Dope On OSHA's New Weighted Inspection Process

We updated you about OSHA’s new Weighted Inspection Program in our October 3 post, “What’s the Real Effect of OSHA’s Revamped Inspection Process, the Enforcement Weighing System?”   A BNA piece tonight summed up the processes’…more
| Labor & Employment Law

There’s More Enforcement Overlap Between Federal OSHA and State Plans Than You Think

One of the fascinating things about an OSHA citation defense practice is the distinctions you see in prosecution by Federal OSHA versus state plans. It is very unusual in the legal world to have the same laws enforced by…more
| Conflict of Laws, Labor & Employment Law

UPDATE: When Will The Exemption Changes Occur?

Since our recent post on this topic, U.S. Solicitor of Labor M. Patricia Smith has appeared at the annual conference of the American Bar Association's Labor & Employment Law Section. Some of her remarks indicate that the U.S…more
| Labor & Employment Law

Quick Quiz Answer: Part-Time Exempt Status

The answer to our November 6, 2015 Quick Quiz is, "No". Under the new arrangement, Bigtown Computer Corporation could not continue to treat Tom as being exempt from the federal Fair Labor Standards Act's minimum-wage and…more
| Labor & Employment Law

2016 Retirement Plan Limits Unchanged

The IRS recently announced retirement plan related dollar limits for 2016. The items are unchanged from 2015; some of the key figures are summarized in the chart below:…more
| Labor & Employment Law, Taxation

EU Commission Declares the Safe Harbor Officially Dead

As if were any surprise, last Friday, November 6, the EU Commission issued a Communication on the Transfer of Personal Data from the EU to the US, following the Judgment by the Court of Justice in Schrems declaring the Safe…more
| Commercial Law & Contracts, International Law & Trade, Privacy, Science, Computers, & Technology

We've Got Our Eyes On You: Monitoring Devices In Vehicles

While employers with a fixed worksite can observe and interact directly with their employees to promote safety and reduce risk, employers with workers who operate motor vehicles as part of their job have fewer options…more
| Labor & Employment Law, Science, Computers, & Technology

Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and retail…more
| Labor & Employment Law

Six Proven Tactics To Help Avoid The "Ticking Time Bomb" Employee

Each new headline in the news describing the latest workplace violence tragedy reminds managers and human resources executives of their tremendous responsibilities in attempting to help prevent such senseless acts…more
| Labor & Employment Law

New York City’s “Ban the Box” Law May Also Cover Investigations

Late last week, the New York City Commission on Human Rights issued its Fair Chance Act guidance document. The guidance provides additional direction to employers in New York City regarding their obligations under the City’s…more
| Labor & Employment Law

How Often Can We Run Credit Checks On Dealership Employees?

Picture this scenario: a privately held dealership operates 16 stores in Southwest Florida. The company’s CFO tries to keep on top of how the finance managers, cashiers, parts managers, and others who handle money or property…more
| Consumer Protection, Labor & Employment Law, Privacy

Quick Quiz: Part-Time Exempt Status

Tom is the Department Manager for Bigtown Computer Corporation's ten-employee Research and Development department. Bigtown treats him as being exempt from the federal Fair Labor Standards Act's minimum-wage and overtime…more
| Labor & Employment Law
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1075 Peachtree Street, NE Suite 3500
Atlanta, Georgia 30309, United States

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