Fisher Phillips

Federal Court in California Rules on DTSA’s “Extraordinary” Ex Parte Seizure Remedy

When the Defend Trade Secret Act (“DTSA”) was enacted last year, there was much debate on the remedy provision permitting the ex parte seizure of property. Such an order would not only direct the seizure of information without…more
| Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

An Employer’s Horror Story For Friday The 13th: Retaliation Claim Survives 13-Year Gap

January 2017 is one of those rare months including a Friday the 13th, which might bring to mind a horror movie where a seemingly vanquished killer somehow rises to his feet – once again! – to wreak havoc on his stunned victims…more
| Civil Remedies, Civil Rights, Labor & Employment Law

Kentucky Becomes 27th Right-To-Work State

On January 9, 2017, Kentucky Governor Matt Bevin signed into law a bill that made Kentucky a right-to-work state. The law took effect immediately. Employers in the state should familiarize themselves with this significant new…more
| Labor & Employment Law

Groundhog Day Comes Early For West Coast Auto Dealers: Another Loss In Service Advisor Exemption Battle

In a disappointing but perhaps unsurprising decision, the 9th Circuit Court of Appeals once again ruled that service advisors employed by automobile dealerships do not qualify for the Section 13(b)(10)(A) overtime exemption…more
| Civil Procedure, Labor & Employment Law

Healthcare Provider Obligations For Individuals With Limited English Proficiency

This summer I wrote about the dangers of English-only policies in this age of multiculturalism. These policies tend to emerge more frequently in the healthcare workplace, the reason being – the provision of quality care is the…more
| Health

Are Employers Acting on What They Learn from Mass Shootings

After every public shooting, we discuss how to prevent and better respond to the next active shooter, but each subsequent shooting event suggests we are not acting upon knowledge gained…more
| Labor & Employment Law

The Reality Of “Sanctuary Campuses”

Throughout the course of his campaign, President-elect Donald Trump pledged to deport millions of undocumented immigrants and also eliminate the federal Deferred Action for Childhood Arrivals policy (DACA) – which allows some…more
| Education, Elections & Politics, Immigration Law

Choice of Forum and the Parties Matter in Med Device Cases (Particularly in Minnesota)!

The medical device industry has seen a litigation boom in recent years in non-compete litigation. A new case out of the District of Minnesota involving Medtronic, Inc. (“Medtronic”), one of the med device industry leaders,…more
| Civil Procedure, Commercial Law & Contracts, Health

Departing Labor Secretary Takes Parting Shot At Gig Economy

With one of his last official actions as Secretary of Labor, Thomas Perez published a “Memorandum to the American People” touting his accomplishments over the past four years and providing his suggestions for the incoming…more
| Labor & Employment Law

2017 State Minimum-Wage Increases

As employers wait to see whether, when, and to what extent the federal Fair Labor Standards Act's minimum wage might increase in the near future, many other jurisdictions have continued to raise their rates to levels higher than…more
| Labor & Employment Law

Overtime Rule Stalled: What Schools Should Do Now

This holiday season, many employers were thankful for the preliminary injunction that blocked the Fair Labor Standards Act (FLSA) exemption changes from going into effect on December 1 as scheduled. Those changes would have…more
| Civil Procedure, Education, Labor & Employment Law

Governor Cuomo Creates Unit To Enforce Increasing New York Minimum Wage

To ring in the New Year, Governor Andrew Cuomo announced the creation of a 200-member multi-agency Minimum Wage Enforcement and Outreach Unit on January 2, 2017. The Unit’s goal is to ensure that all minimum wage workers in the…more
| Labor & Employment Law

How to Get an A+ On Your Next Hire

When it comes to filling vacant positions at your school, you not only need to find the best talent available, but you also need to locate faculty and administrators who will thrive in your unique community. In many cases,…more
| Education, Labor & Employment Law

New Year, New Minimum Wage – Or Maybe Not

Time was, answering the question “What is the minimum wage?” was simple. There was the federal minimum wage and the state minimum wage, and for most California employers, only the latter number really mattered. Now the answer…more
| Labor & Employment Law

Federal Judge Blocks Transgender Protections

On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and insurance…more
| Civil Procedure, Civil Rights, Elections & Politics, Health
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