Tech employers have a wide range of workers, which increases the risk of misclassifying employees as exempt from overtime pay. Since violations of the Fair Labor Standards Act (FLSA) can result in significant penalties and...more
As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more
12/12/2024
/ Affirmative Action ,
Agricultural Sector ,
Analytics ,
Artificial Intelligence ,
California ,
Car Dealerships ,
Construction Industry ,
Construction Workers ,
Cybersecurity ,
Data Privacy ,
Educational Institutions ,
Employee Benefits ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Federal Labor Laws ,
Foreign Workers ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
International Labor Laws ,
Labor Reform ,
Labor Relations ,
Manufacturing Employers ,
Mexico ,
Non-Compete Agreements ,
Pay Equity Laws ,
Professional Employer Organization ,
Retailers ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
Student Athletes ,
Technology Sector ,
Trade Secrets ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
Our firm has provided general perspectives on what employers can expect under the next Trump administration – but we are delving into core issues and opportunities for tech employers. Everyone expects President Trump and his...more
11/26/2024
/ Diversity ,
Employment Policies ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Independent Contractors ,
Remote Working ,
Technology Sector ,
Trump Administration ,
Unions ,
Wage and Hour ,
Workplace Safety
Tech industry employers may want to boost their anti-discrimination efforts as the federal government recently decided to shine a spotlight on low diversity in many high-tech occupations. Although tech employers have made...more
10/28/2024
/ Age Discrimination ,
Anti-Discrimination Policies ,
Bias ,
Diversity ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Race Discrimination ,
Recruitment Policies ,
Technology Sector ,
Wage and Hour
A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more
7/25/2024
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Managers ,
Minimum Wage ,
Over-Time ,
Personal Liability ,
Unpaid Wages ,
Wage and Hour
There has been a seismic shift in Florida high school sports as state officials just unanimously approved high school athletes to receive compensation for their name, image, and likeness (NIL). The June 3 vote by the Florida...more
An alternate solution to the ever-increasing push to make collegiate student-athletes employees may finally be on the horizon. The lack of uniformity in state name, image, and likeness (NIL) laws has created an uneven playing...more
Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more
3/22/2023
/ Back Pay ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Hospitality Industry ,
Joint Employers ,
Liquidated Damages ,
Minimum Wage ,
Over-Time ,
Restaurant Industry ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Unpaid Wages ,
Wage and Hour
It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
You can tell we’re well into the midst of the campaign season when presidential hopefuls reveal their plans for handling various societal concerns. We saw it as several Democratic candidates lined up to offer their plans to...more
Lyft recently filed for an initial public offering with the hopes of raising as much as $2.1 billion. As part of its registration statement for its IPO, Lyft acknowledged the company could be negatively impacted by several...more
3/19/2019
/ Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Initial Public Offering (IPO) ,
Local Ordinance ,
Lyft ,
Misclassification ,
New Regulations ,
Sharing Economy ,
Wage and Hour
As if gig businesses haven’t had enough bad news to digest in the past few weeks... fresh off the heels of the California Supreme Court’s decision in the Dynamex Operations case, members of Congress are now focusing on...more
5/11/2018
/ ABC Test ,
Bernie Sanders ,
Collective Bargaining ,
Employee Benefits ,
Employee Rights ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NLRA ,
Proposed Legislation ,
Unions ,
Wage and Hour
As the gig economy continues to grow, some employers may become accustomed to creating external job postings for short-term and freelance projects. However, in doing so employers could be ignoring a more obvious talent pool:...more
As the proliferation of skilled contract workers continues, it is vital for companies to evaluate their strategies to attract and retain accomplished freelancers. Competition for skilled independent contractors is fiercer...more
The first day of the legislative session in Florida saw the introduction of two pay equity bills referred to as the “Senator Helen Gordon Davis Fair Pay Protection Act.” The bills, SB 594 and HB 393, would create additional...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more
9/9/2017
/ Affirmative Action ,
Appeals ,
Audio Recording ,
Class Action ,
Classification ,
College Admissions ,
Corporate Counsel ,
Data Breach ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gig Economy ,
Green Cards ,
Hardship Distributions ,
Hurricane Harvey ,
Identity Theft ,
Independent Contractors ,
NLRB ,
On-Demand Services ,
Online Platforms ,
Over-Time ,
Pay Data ,
Popular ,
Standing ,
Trump Administration ,
Unions ,
Vetting ,
Wage and Hour ,
Wellness Programs
This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more
9/8/2017
/ COBRA ,
Department of Homeland Security (DHS) ,
Disaster Preparedness ,
Donations ,
Emergency Response ,
Employer Group Health Plans ,
Family and Medical Leave Act (FMLA) ,
Form I-9 ,
Hardship Distributions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Season ,
Labor Relations ,
Military Leave ,
Natural Disasters ,
Plant Closures ,
Popular ,
Retirement Plan ,
Severe Weather ,
Unemployment Benefits ,
Wage and Hour ,
WARN Act ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
During the Obama administration, the U.S. Department of Labor (DOL) placed special emphasis on scrutinizing the alleged misclassification of independent contractors and joint employer relationships. Dealerships were notably...more
8/4/2017
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Obama Administration ,
Secretary of Labor ,
Third-Party Service Provider ,
Trump Administration ,
Wage and Hour ,
Withdrawal