Fisher Phillips in the News

In a recent interview with Automotive News, Travis Vance, co-chair of Fisher Phillips’ Workplace Safety and Catastrophe Management practice, provides recommendations for managing mask requirements for customers and employees in the workplace.

In an interview with Bloomberg Law, Bob Robenalt discusses the Senate GOP's proposed virus-relief legislation and its plan to replace the across-the-board unemployment supplement with a more complex model linked to a person’s prior wages.

Fisher Phillips’ COVID-19 Employment Litigation Tracker continues to be the go-to resource for reporters seeking information on the uptick of claims across the U.S. Cheddar and Risk Management recently referenced the firm’s tracker and spoke with New York partner, Melissa Camire, and Senior Director of Knowledge Management, Evan Shenkman, in their coverage of the developing litigation trend.

In a recent interview with MarketWatch, Sarah Wieselthier explores whether COVID-19 can be considered a disability under the American with Disabilities Act.

MarketWatch was asked whether an employee’s relative could get financial assistance from the employer to help pay for the costs associated with the relative’s death due to coronavirus. In its response, MarketWatch relied, in part, on the valuable information found in a recent blog post written by Jerry Cline.

In an interview with Construction Dive about Virginia’s regulatory mandate regarding COVID-19 safety measures in the workplace, Nick Hulse explains why other states and the federal government may not enact similar emergency standards.

FreightWaves cited to Jim Sullivan’s legal alert explaining what employers need to know about a recent New Jersey Supreme Court ruling.

A group of nursing homes was cited by the Occupational Safety and Health Administration (OSHA) for failures related to the use of N95 respirator masks tied to the COVID-19 pandemic. In an interview with SHRM, Chantell Foley wants employers to understand that this is “…just the beginning of OSHA’s COVID-19-related citations.”

Employees who aren't covered under federal and state family and medical leave laws may be eligible for leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). In an interview with SHRM, partner Susan Hiser explains that “…how much leave should be granted as a reasonable accommodation must occur on a case-by-case basis through an interactive dialogue with the employee, which is known as the interactive process.”

In a recent interview with Newsday, New York partner Seth Kaufman helps explain the Equal Employment Opportunity Commission’s (EEOC) recent guidance on pandemic-related harassment and reasonable accommodations.

In an interview with the Detroit Free Press, Stephen Gee talked about Michigan’s face mask mandate and how he and his colleagues have been advicing employers to comply.

In an interview with Law Week Colorado, Kristin White points out the limitations and potential concerns surrounding Colorado's whistleblower protection law .

Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the expansion of its California Consumer Protection Act (CCPA) Task Force, a dedicated team of attorneys who stand readily available to assist clients with CCPA compliance matters as enforcement ramps up across California.

In a recent interview with The Wall Street Journal, Alden Parker explains that restaurants are still struggling amid the COVID-19 pandemic. He says many restaurant owners tapped the federal Paycheck Protection Program (PPP) and negotiated breaks with their landlords, but now after the PPP loans have been spent and landlords want to be paid, some restaurants may be unable to survive further closures.

A Bloomberg Law article noted that “[i]nspections of health-care facilities by federal and state workplace safety officials are mounting and most have been prompted by Covid-19 issues.” Fisher Phillips Workplace Safety Co-Chair, Travis Vance, explains that this rise of inspections should prompt healthcare employers to take certain steps to avoid citations.

Many employers are considering COVID-19 waivers for their employees, and in an interview with SHRM, attorney Benjamin Ross shares his thoughts on when and if such waivers should be used.

In a televised interview with WSYX in Columbus, partner Steve Loewengart discusses the potential legal liability area school districts face when reopening amid the pandemic.

In an interview with Construction Equipment Guide, Benjamin Ross discusses the Federal Motor Carrier Safety Administration’s revised Hours of Service regulations.

Senate Republicans are pushing to pass a virus liability shield for businesses that would give them an advantage in litigation but wouldn’t necessarily spare them the time and expense of defending themselves in court. Depending on how the federal proposal gets written, companies would have to show their business operations didn’t amount to gross negligence amid the pandemic. Karl Lindegren, co-chair of Fisher Phillips’ California Litigation practice, tells Bloomberg Law that even if Congress passes liability limits related to virus exposure, COVID-19-related workplace suits won’t likely be addressed. 

In a Q&A with Louisville Business First, partner Laurel Cornell discusses some of the risks and considerations for employers as they begin to reopen their businesses amid the pandemic.

Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the expansion of its California footprint with the official launch of an office in Woodland Hills. The new Woodland Hills office is the firm’s sixth in California along with five other locations in Irvine, Los Angeles, Sacramento, San Diego and San Francisco.

Effective July 1, the DOL has stopped seeking double damages – often referred to as liquidated damages – in many cases that it settles before suing but will seek them in litigation. Michelle Anderson explained to SHRM that liquidated damages are a multiplier of any back wages owed.

Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, and Blue J Legal, the leading provider of AI-backed legal predictions, announced today an innovative partnership to apply cutting-edge predictive technology to employment litigation in the United States.

In an interview with HR Dive, Randy Coffey explains how the historic Bostock ruling could impact workplace policies.

In an interview with Louisville Business First, Laurel Cornell discusses the legal issues associated with some of the new technology developed by Louisville-area entrepreneurs to help employers get back to business during COVID-19.

Using data collected by Fisher Phillips’ COVID-19 Employment Litigation Tracker, the firm’s Litigation Team found that of the 283 COVID-19-related lawsuits filed in federal and state courts, 122 – or 43% -- were filed in the month of June. In interviews with Business Insurance, Claims Journal, and Law360, Melissa Camire and Kristen Nesbit, members of the firm’s Litigation Team, delve into the data.

In a recent interview with SHRM, Monica Snyder shares insight on the legal risks with implementing facial analysis and artificial intelligence in the workplace. She recommends that employers tread carefully on how they use this technology.

In an interview with the Denver Business Journal, Regional Managing Partner Mike Greco explains how the move to a new office has offered plenty of unforeseen benefits as he works through the challenges of bringing employees physically back together. 

Regional Managing Partner, Mike Greco, discussed the Denver office move in a feature interview with Law Week Colorado.

In an interview with the Mississippi Business Journal, Steve Cupp shares his insights on how the U.S. Supreme Court's ruling in Bostock will impact employers.

In an interview with Bloomberg Law regarding a recent case involving a request under the Freedom of Information Act (FOIA) to release unredacted safety records, Ed Foulke explains that the precedential value of this particular case could extend beyond California.

Fisher Phillips, a national workplace law firm representing employers, has found an explosion of COVID-19-related workplace claims in June and has identified key areas where employers may be vulnerable to litigation stemming from the pandemic. Using data collected by Fisher Phillips’ COVID-19 Employment Litigation Tracker, the firm found that of the 283 COVID-19-related lawsuits filed in federal and state courts, 122 – or 43% – were filed in the month of June. Fisher Phillips has published a full report on the findings which can be found here.

In a recent interview with North Carolina Lawyers Weekly, David Klass explained the impact the U.S. Supreme Court’s ruling in Bostock v. Clayton County, Georgia will have on employers across North Carolina.

In an interview with Law360, Chantell Foley discussed the most recent OSHA guidance meant to keep people safe from COVID-19 as they return to the workplace.

As businesses reopen, the practice of asking customers to sign COVID-19 liability waivers is increasing throughout the United States, but it is uncertain how much weight those waivers will carry in court. In an interview with ABA Journal, Tyler Rasmussen explains how businesses should navigate this unchartered territory and what employers should know about using these waivers

In a series of online presentations through The Virtual Hospitality Law Conference, Andria Ryan, co-chair of Fisher Phillips’ Hospitality Industry Team, explained several legal issues hoteliers will likely navigate as their workforce returns. Hotel News Now covered the conference, including Ryan’s recommendations for reopening hotels.

Fisher Phillips, a national labor and employment law firm representing employers, announces that its Denver office has moved to the city’s Central Business District. The firm has doubled its physical footprint and now occupies 20,235 square feet, the entire 24th floor of the Chase office building located at 1125 17th St.

On June 22nd the President issued an immigration proclamation which, in part, barred the entry of foreign executives and other skilled workers from the U.S. through 2020 and potentially longer. In an interview with Law Week Colorado, partner Jocelyn Campanaro discussed how the suspension on foreign workers could create hardship for many employers.

In an interview with SHRM, Kathleen Caminiti explains the impact of the DOL’s opinion letter that provides analysis of the administrative exemption.

Alden Parker, partner and co-chair of Fisher Phillips’ Hospitality Industry team recently spoke with The Associated Press on how restaurants are deciding to reopen their doors amid a resurgence of COVID infections.

In an interview with SHRM, Nashville lawyers Joe Shelton and Ariel Kelly share insights for employers who may be dealing with employees who have faked a coronavirus-related illness to get out of work.

The Federal Reserve recently launched its $600 billion Main Street Lending Program, part of the national relief package for loans and bonds in response to COVID-19. Patrick Dennison spoke with the Charlotte Business Journal about why businesses may not be so quick to participate in the program.

In an interview with SHRM, Jeff Smith and Randy Coffey share their insights about how the U.S. Supreme Court's decision in Bostock on June 15, 2020 will impact employers.

On Tuesday, June 24, the Virginia Safety and Health Code Board (the Board) voted in favor of adopting an emergency temporary standard for workplaces that will be enforceable as part of the Virginia Occupational Safety and Health program. In a Washington Post article on the topic, Fisher Phillips was referenced as having submitted comments on the rules in advance of the Board’s vote.

On June 22, 2020 the firm announced the addition of Edward Hopkins as a Partner in the firm’s Denver office. In an interview with Law360, Ed discussed why he was drawn to Fisher Phillips and what he hopes to accomplish as part of the firm’s Data Security and Workplace Privacy practice.

On June 22nd the President issued an immigration proclamation which, in part, blocked foreign executives and other skilled workers from moving to the U.S. through 2020 and potentially longer. In an interview with Law360, Davis Bae and other immigration attorneys expressed concern that the Administration’s action could end up pushing more job opportunities abroad to countries with more welcoming immigration systems.

Business Insurance reported on Kristin White’s and Todd Logdon’s comments about marijuana and workplace safety at the American Society of Safety Professionals annual conference.

In an interview with Business Insurance, Randy Coffey discussed what employers should expect in the wake of the U.S. Supreme Court's June 15, 2020 workplace discrimination ruling.

Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Edward Hopkins as a Partner in the firm’s Denver office. Ed joins as part of the firm’s Data Security and Workplace Privacy Practice Group and will collaborate closely with the Employee Defection and Trade Secrets Practice Group.

As businesses start to reopen after the coronavirus pandemic closures, thermal scanning has gotten buzz as a tool to make the workplace safer. Bert Brannen recently spoke with SHRM on the legal issues with using thermal scanners to check for COVID-related symptoms in the workplace.

In a recent interview with The Wall Street Journal, Andria Ryan provides insight into how employers should carefully consider bringing their employees back to the office. In the wake of many employers reducing their staffs quickly when the COVID-19 pandemic hit, she urges employers to design a systematic approach for rehiring the best workers without triggering discrimination claims by those who aren’t brought back.

In an interview with Law360, Jeff Smith discusses a federal lawsuit arguing that the Supreme Court’s Title VII ruling in Bostock  invalidates the previously issued HHS final rule.

In an interview with EHS Today, Setareh Ebrahimian and Holly Wintermute discussed the topic of bullying in the workplace and how employers can take action to address such behavior.

In an interview with SHRM, partner Kristin White discusses the latest return-to-work guidance issued by the Occupational Safety and Health Administration (OSHA).

Karl Lindegren, co-chair of Fisher Phillips’ California Litigation Practice Group, recently spoke with CNBC on the emergence of COVID-19 litigation and the steps employers can take to protect themselves against becoming part of the statistic.

Under the PPP Flexibility Act, several changes were made that benefit restaurants, including expanding the period when the loan can be used after disbursement from eight weeks to 24 weeks, and extending the deadline for rehiring workers. In an interview with Nation’s Restaurant News, Patrick Dennison says that while the move toward streamlined forms is an attempt to make the PPP easier for borrowers, some confusion remains.

The Supreme Court recently ruled that gay and transgender workers are protected from employment discrimination under the Civil Rights Act of 1964. For employers, the decisions establishes that a gay or transgender worker could sue for discrimination under federal law. In interview with Nation’s Restaurant News and Daily Journal, Megan Walker, explains the impact of the decision on workplace policies.

In a 6-to-3 decision on June 15, 2020, the U.S. Supreme Court ruled that workplace discrimination because of an individual’s sexual orientation or gender identity — including being transgender — is unlawful discrimination. In interviews with SHRM and Law360, partner Randy Coffey discussed what employers need to know about this historic decision.

With employees returning to work and companies reopening their doors to customers, employers are looking for ways to limit liability related to potential COVID-19 cases contracted in the workplace. To do so, many are considering waivers for not only their employees, but also for customers. In an interview with Fox26 Houston, Kevin Troutman discusses employers’ use of COVID-19 waivers.

In an interview with Barron’s, Rick Grimaldi and Luke McDaniels explain how business owners can apply for and use the SBA Debt Relief Program.

In a recent interview with Crain’s New York, Risa Boerner, Chair of Fisher Phillips’ Data Security and Workplace Privacy, explained that the rules for technologies that monitor social distancing are less established than standard workplace technologies.

The EEOC issued guidance for employers about reasonable accommodations under the Americans with Disabilities Act and other federal anti-discrimination laws. Law360 and SHRM turned to Lauren Goetzl for insight into what employers need to know about the new recommendations.

In a recent television interview with KSNV News 3 Las Vegas, Brian Bradford shares tips for employers on the frequent labor and employment questions arising with employees coming back to the workplace. In the interview, he addresses whether employers can refuse an employee’s request to wear a mask, what employers should do if employees refuse to wear a mask, and what kind of measures employers can adopt to ensure a safe and healthy workplace.

In an interview with the Mississippi Business Journal, Steve Cupp discusses legal considerations for employers as they embark on bringing employees back to work amid COVID-19.

In an interview with Louisville Business First, Todd Logsdon discusses the Paycheck Protection Program Flexibility Act and how it provides small business loan recipients with more leeway when it comes to spending their funds.

Patrick Dennison recently spoke with SHRM on the Paycheck Protection Program Flexibility Act, the supplemental legislation that tweaks the Paycheck Protection Program (PPP). He explains that the new legislation will help employers by providing time to use PPP loan funds and still have the loan forgiven. Instead of eight weeks, borrowers will now have 24 weeks from the disbursement of their loan to use the PPP funds, or until Dec. 31 when the program is now set to end. Borrowers can still opt, however, to use funds in the original eight-week period.

A growing number of states are advancing plans to shield businesses from customers who contract COVID-19 in the absence of federal liability protection. In a recent interview with Bloomberg Law, Kristen Nesbit explains that the legislation helps but does not absolve them of their duty to maintain safe operations for workers and customers. “It gives businesses reassurances, but it’s not a blanket shield.”

Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce that Phillip Bauknight has been selected for inclusion in the New Jersey Law Journal’s 2020 Professional Excellence Awards. Specifically, he was honored as a “New Leader of the Bar” for his demonstrated legal talent and dedication to the industry.

In a Q&A with The American Lawyer, Chairman and Managing Partner Roger Quillen shares his thoughts on how Fisher Phillips quickly adapted to meet client needs during the COVID-19 outbreak, the firm’s seamless adjustment to a “new normal” and why the current pandemic may lead to a wave of employment-related work.

In a recent interview with SHRM, Risa Boerner shares her thoughts on the legal risks associated with wearable devises that prompt physical distancing in the workplace. Risa explains that organizations need to ensure they’re appropriately storing and protecting data collected by wearable devices.

Fisher Phillips, a national labor and employment law firm representing employers, has been recognized among the most diverse law firms in the United States by The American Lawyer’s annual Diversity Scorecard, the industry’s best-known national ranking of law firms based on the percentage of diverse attorneys in the firm’s offices across the country. Fisher Phillips jumped 22 spots over the past year to place No. 87 on the 2020 Diversity Scorecard.

In an interview with Corporate Counsel, Workplace Safety Co-Chair Todd Logsdon provides valuable insights for employers operating during times of civil unrest.

In an interview with SHRM, Workplace Safety Co-Chair Travis Vance shares guidance for employers who are facing a situation in which one or more of their employees has been diagnosed with COVID-19.

In two interviews with Barron’s, Samantha Monsees talked about the process of businesses applying for Paycheck Protection Program (PPP) loans.

In an interview with Newsday, Michael Marra provides insight on the EEOC’s updated guidance that helps businesses keep their workplaces safe and navigate murky waters post-pandemic. Among the EEOC’s guidance, Michael says, is the green light for employers to measure an employee’s body temperature, require employees to wear personal protective equipment and test employees before entering the workplace. “That doesn’t mean employees won’t protest such actions, but whether they can be terminated isn’t cut and dry,” he adds.

In an age where data is seemingly collected about everyone and everything, advocates on both sides say that tracking, collecting and managing data on employees is tricky. Usama Kahf spoke with Protocol about an effort underway in California to allow workers to access the data their employers may have on file.

As restaurants across Kentucky begin to ramp back up, it is vital that these establishments think through the legal issues that may arise when reopening their doors. In an interview with Louisville Business First, Emily Litzinger predicted that the top three COVID-related workplace issues for restaurants will involve workplace safety, wage and hour issues and employee leave.

With students, faculty and staff returning to many campuses, this fall will be a COVID-19 liability minefield even under the best of circumstances. Will waivers be the way to help shield education institutions from liability? In an interview with The Chronicle of Higher Education, Michael Holt explains that waivers – or at least a disclosure or an acknowledgement of risk – can increase awareness of peril and underscore the communal responsibilities shared in the current crisis.

In an interview with SHRM, partner Kevin Hess discusses what employers need to know about the Occupational Safety and Health Act (OSHA) reporting requirements if one of their employees tests positive for COVID-19.

In an interview with The Washington Post, Workplace Safety Co-Chair Travis Vance comments on the guidance for employers from the Centers for Disease Control and Prevention (CDC) on safely reopening workplaces under the continued threat of COVID-19.

In an interview with Bloomberg Law, David Klass commented on the outcome of a Fifth Circuit case involving an employee’s right to keep a gun in his car while parked on workplace property.

In an interview with Columbus Business First, Steve Loewengart cautions that when it comes to enforcement of the reopening guidelines,“ignorance of the law is no defense,” and he goes on to explain that “it is very important for businesses to get educated” to avoid fines or other enforcement penalties.

In a recent interview with the Charlotte Business Journal, Nick Hulse explains how he is helping employers who participate in the Paycheck Protection Program (PPP) navigate the complexities of a potential Small Business Administration audit.

In an HR Dive article discussing an employer’s handling of sexual harassment complaints, Phoenix partners Pavneet Singh Uppal and Shayna Balch remind businesses that these types of complaints should be taken seriously.

In an interview with Columbus Business First, Regional Managing Partner Steve Loewengart weighs-in on what Ohio restaurants should be aware of in terms of potential COVID-19 exposure.

In an interview with Law Week Colorado, partner Todd Fredrickson describes the uptick in coronavirus-related activism as employees continue expressing concerns about returning to work, access to protective gear, and overall safety in the workplace.

In an interview with Automotive News, Travis Vance discusses action steps for dealerships facing a confirmed case of COVID-19.

In a Local 5 News interview about investigative leave, partner Clarence Belnavis discussed lengthy periods of employee leave in the public versus private sectors.

CBT Automotive Network turned to Steve Cupp to walk employers through some of their most pressing COVID-19 related questions regarding the safety and structure of their workforce as well as what they need to know about forgiveness under the Paycheck Protection Program.

Kathleen Caminiti, co-chair of Fisher Phillips’ Wage and Hour practice, was recently featured in HR Dive’s Mailbag series that answers HR professionals’ questions about all things work. Readers asked: Can we temporarily cut workers' pay to deal with the economic downturn? The answer: Yes, “you can cut pay, but you have to be careful.”

Caroline Brown recently spoke with HR Dive and SHRM on the DOL’s final rule that updates the FLSA regulations guiding how employers calculate overtime pay for workers with fluctuating workweeks. The rule gives employers greater flexibility to use the fluctuating workweek method of calculating overtime.  

A recent count by The State University of New York’s Student Conduct Institute shows that more than 100 lawsuits have been filed against colleges for the return of tuition and other fees because of COVID-19. In an interview with Education Dive, Michael Holt explains the threshold for whether these cases can get class action status.

In a recent segment on the Atlanta Small Business Network, Marty Heller interviewed with host Jim Fitzpatrick on what employers across Georgia need to know before bringing their employees back to work.

The U.S. Department of Labor (DOL) issued a final rule to simplify an overtime exemption for commission-based workers in retail and service industries. SHRM turned to Marty Heller for insight into what the rule means for employers in these industries.

Stephen Mitchell recently spoke with SC Biz News on the workplace issues employers face as the start to bring employees back to work. Of utmost importance, he says, employers must be in constant communication with their workforce.

In an interview with SHRM, Michelle Anderson explains that keeping an eye on off-duty employees to ensure they are social distancing may not be practical and may even impose an undue hardship on the employer.

Steve Bernstein recently spoke with Bloomberg Law for insight on whether employers can legally require workers to wear face coverings in the workplace, even if their workforce is represented by a union. The article explores the legal issues at play when workers refuse to wear face coverings during the pandemic, including whether they can face discipline or termination.

In an interview with CNBC, Samantha Monsees explained that Treasury and the SBA are giving some businesses a little more flexibility when it comes to the PPP with an “alternative payroll covered period.”

Aaron Olsen, of counsel in Fisher Phillips’ San Diego office, was recently appointed a commissioner on the San Diego Civil Service Commission. He was appointed by the Mayor and approved by the City Council to serve in this capacity.

Josh Nadreau recently spoke with the Boston Business Journal about complications and legal issues surrounding testing employee temperatures.

In a feature interview for the WealthAbility podcast, partner Bob Robenalt provides tips for employers on the process of reopening their businesses in the wake of COVID-19.

Greg Grisham has been reappointed to Tennessee’s State Advisory Committee to the United States Commission on Civil Rights.

Eater, a leading online news source for insight on the nation’s restaurant industry, featured Fisher Phillips’ State-by-State Restaurant Guide to Reopening in its roundup of country’s best restaurant safety guides. The firm’s guide is listed among prominent industry groups, including the James Beard Foundation, the National Restaurant Association and the Aspen Institute.

Melissa Camire recently spoke with Business Insurance about the potential litigation claims that could arise with bringing employees back to the workplace. With various workplace issues at play, including charges of violation of federal laws like the ADA and ADEA, and wage and hour and workplace safety concerns, employers need to tread carefully to minimize risk.

As part of a four-phase plan to gradually restart the California economy, Gov. Gavin Newsom is allowing some employers to reopen their workplaces—as long as they meet strict guidelines. In an interview with SHRM, Lonnie Giamela says employers should review state and local orders, along with guidance from the CDC, to develop a safety plan tailored to their workplace.

In his article for the North Bay Business Journal, California partner Collin Cook explores various ways employers can ensure productive remote work time for their employees and the organization, identifies strategies to prevent and overcome workers feeling disconnected, and discusses best practices for avoiding wage and hour issues that can emerge when employees are working from home.

Employers are keeping an eye on their workers at home through use of remote monitoring technologies. But these tools aren't without legal risks. In an interview with SHRM, Usama Kahf says organizations need to consider that remote employees may be using personal devices for work tasks when they install monitoring technology.

Matthew Simpson, co-chair of Fisher Phillips’ Automotive Dealers Industry Group, recently spoke with Automotive News on how dealerships should manage their workforce amid the current COVID-19 pandemic.

In an interview with HR Dive, Shayna Balch discusses remote employee misconduct and how employers can prevent and deal with these situations from a distance.

In SHRM’s coverage of the Work Opportunity Tax Credit (WOTC), Tampa partner LaKisha Kinsey-Sallis provides insight into the EEOC’s opinion letter that says employers who properly apply for the credit won’t run afoul of federal anti-discrimination laws.