Fisher & Phillips LLP

ERISA Plan Can't Shrink Deadlines Without Providing Notice, Says 3rd Circuit Court of Appeals

The 3rd Circuit Court of Appeals just ruled that an ERISA plan can’t shorten the deadline for filing a legal action challenging a denial of benefits unless the participant receives written communication of the plan’s altered…more
| Insurance, Labor & Employment Law

NLRB Starts Down The Slippery Slope With Controversial New Joint Employer Ruling

In a 3-2 decision, the National Labor Relations Board (NLRB) announced yesterday a broad new standard for determining whether two businesses are “joint employers” for purposes of collective bargaining. Browning-Ferris Industries…more
| Commercial Law & Contracts, Franchise Law, Labor & Employment Law

You’re Not the Boss of Me – The NLRB May Disagree

With a few key strokes, the NLRB yesterday, in a 3-2 decision down party lines, wiped away years of precedent and re-wrote, or, in its words “refined,” the definition of a joint employer. In a ruling that will, if upheld through…more
| Commercial Law & Contracts, Labor & Employment Law

Washington Supreme Court Extends Minimum Wage

In a narrow 5-4 decision on August 20, 2015, the Washington Supreme Court reversed a lower court ruling and applied the City of SeaTac’s $15 minimum wage law to all workers at Seattle-Tacoma International Airport…more
| Commercial Law & Contracts, Labor & Employment Law, Transportation

New OSHA Directive to Assist in Early Resolution of Whistleblower Complaints

On August 19, 2015, OSHA issued new policies and procedures (Compliance Directive: CPL 02-03-006) for applying a new process for resolving whistleblower disputes. This directive is OSHA’s attempt to institute an early resolution…more
| Administrative Law, Alternative Dispute Resolution (ADR), Labor & Employment Law

The EEOC Goes Electronic: FAQs On EEOC's New Electronic Pilot Program

The Equal Employment Opportunity Commission (EEOC) recently rolled out a pilot program to electronically notify employers of new Charges filed against them. Instead of mailing the Notice of Charge of Discrimination form through…more
| Labor & Employment Law, Science, Computers, & Technology

Australia – Examination of the Test to Determine Worker Status: Independent Contractor or Employee?

The Full Court of the Federal Court of Australia recently considered whether an agency contractor was an employee or an independent contractor in the case of Tattsbet Limited v. Morrow [2015] FCAFC 62. Overturning the lower…more
| Labor & Employment Law

Must Poultry Employers Comply with Terms of Letter from Heads of USDA and OSHA?

OSHA recently reminded the Poultry Industry that it has not lost interest in a multiple front attack on processors, as shown by the almost $1,000,000 in citations issued against a Midwestern processor. You should view these…more
| Agriculture, Labor & Employment Law

Companionship Exemption Changes In Effect

The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section…more
| Health, Labor & Employment Law

Does a Workplace Have To Be Perfect?

I recently blogged about the debate on CEO and employee pay ratios. I urged employers to seize the high ground and decide what their attitude is as to their “responsibility” is to their employees. I’m a pragmatist. I believe…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law

Evaluating USDOL's Proposals: Avoid Dangerous Assumptions

Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1) exemptions' salary requirement…more
| Labor & Employment Law

OSHA Updates National Emphasis Program on Amputations

On August 13, 2015, OSHA announced its updated National Emphasis Program (NEP) for Amputations will now include all industries that contain machinery or equipment which may cause amputations. Under the new National Emphasis…more
| Labor & Employment Law

NLRB Sacks College Football Player Union Organizing Drive

Earlier today, the National Labor Relations Board (NLRB) unanimously decided that college football players at Northwestern University cannot comprise an appropriate bargaining unit, squelching their attempt to form the…more
| Education, Labor & Employment Law

The Quirks of Mid-Atlantic State OSHA Plans: North Carolina

While a “State-OSHA Plan” must at least meet Fed-OSHA standards, these plans often develop their own additional requirements and have widely varying enforcement and appeal processes. When Federal OSHA adopts a new regulation,…more
| Conflict of Laws, Labor & Employment Law

Digital Trust and Passwords

According to a recent report entitled Digital Trust in the IoT Era published by Accenture, 77% of consumers are interested in adopting alternatives to logging in by username and password. While companies using mobile…more
| Consumer Protection, Privacy, Science, Computers, & Technology
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