Fisher Phillips in the News

New Jersey (March 21, 2019) – Fisher Phillips announces the addition of Holly Wintermute as an associate in its New Jersey office.

Denver (March 20, 2019) – Fisher Phillips announces that LaLonnie Gray has joined the firm as an associate in the Denver office.

For Law.com’s “How I Made Partner” series, Chicago partner Jessica Causgrove reflects on her path to partnership at Fisher Phillips. ”

The Compassionate Care Act, H.3660 is making its way through the South Carolina legislature. The Act, if passed, would allow the use of medical marijuana and would also prohibit employers from firing, refusing to hire, or otherwise discriminating against an employee or candidate solely on the basis of their status as a legally authorized marijuana user.

The 3rd Circuit Court of Appeals heard opening arguments over a law passed in 2017 that prohibits employers in Philadelphia from asking a prospective employee about his or her salary history.

In response to a workplace violence case watched closely by the business community and workplace safety groups, Atlanta partner and president of Fisher Phillips Safety Solutions, Ed Foulke, explained why the case hinged upon the “general duty” clause of the OSHA Act to Law.com. 

A federal appeals court rejected the National Labor Relations Board’s “subgroup majority status rule” for determining when college and university faculty members are deemed managers and therefore excluded from coverage under the National Labor Relations Act. I

The Department of Labor’s proposed new overtime rule has the potential to make about 1 million more U.S. employees eligible for overtime. In an interview with the Kansas City Business Journal, Kansas City Managing Partner Jim Holland advised employers to closely watch the proposal to avoid running into expensive legal troubles

The Department of Labor revealed its long-awaited proposal to expand access to overtime for an estimated 1 million workers. To address the impact on employers, Atlanta attorney Marty Heller spoke with The Associated Press for an article that was picked up by The Washington Post, The New York Times, ABC News and other national and local media outlets.

In a surprise move, a federal court struck down a rule that freed employers from reporting their pay data. Cheryl Behymer and Cheryl Pinarchick, co-chairs of the firm’s national Pay Equity practice, spoke with reporters at NPR, SHRM, HR Executive, The National Law Journal and Law360 about what the ruling means for pay equity compliance.

The Department of Labor recently released its overtime proposal which increases the salary-level threshold for white-collar exemptions to $35,308 per year from $23,660. In an interview with SHRM, David Klass explores how employers may react to these changes, including reclassifying employees. 

In a Tampa Bay Business Journal article regarding the abrupt closure of a large medical facility in the Bay area, Fisher Phillips attorney Brett Owens is interviewed on the use of the Federal Worker Adjustment and Retraining Notification Act (WARN). 

In an interview with NPR's Morning Edition, Philadelphia partner Lori Armstrong Halber discusses the growing momentum in state legislatures for paid family leave.

LOS ANGELES (March 4, 2019) – A partner in the Los Angeles office of the national labor and employment law firm Fisher Phillips has been selected by the Leadership Council on Legal Diversity (LCLD) to be a member of the 2019 class of Fellows. Sarina Saluja has been with the firm since 2014 and represents employers in various aspects of labor and employment law.

The New York State Department of Labor just announced that it has dropped its efforts to institute new regulations aimed at providing employees with predictive scheduling statewide, or compensating them for last-minute schedule changes. What do employers need to know about this announcement?

Colorado’s lawmakers are considering a bill that would allow the state’s cities and counties to set their own minimum wage rates. If it passes, cities and counties would have to pass their own ordinances if they want their minimum wage rates to exceed the state’s.

In the Daily Journal article “Could a 3rd Category of Worker Resolve Flexibility Versus Benefits Disputes?,” Los Angeles Managing Partner Todd Scherwin discusses a study that proposed a third category of workers called “independent worker.” According to the study, the theoretical independent worker would gain the ability to collectively bargain and participate in tax withholdings and workers’ comp while surrendering wage and hour protections.

Irvine Partner Colin P. Calvert is quoted in the Daily Journal article “9th Circuit says Janus doesn’t make exclusive bargaining unconstitutional,” discussing the court’s application of the U.S. Supreme Court’s Janus decision beyond mandatory union fees to exclusive bargaining provisions.

TAMPA (February 27, 2019) – Fisher Phillips announces the addition of LaKisha M. Kinsey-Sallis in its Tampa office.

The frequently used phrase “the customer is always right” can land employers in hot water if they fail to protect employees from harassment by customers. Putting policies in place that protect workers from mistreatment by fellow employees is a no-brainer for any employer, but companies in industries that see a lot of customer interaction also need to account for potential harassment from guests, or other clients, Atlanta partner Andria Ryan told Law360.

Law.com and Human Resource Executive featured legal analysis from Fisher Phillips in stories regarding a surprising development in Yovino vs. Rizo, a case that considers whether employers can use past salary history to justify paying men and women differently. 

In reaction to the growing #MeToo movement, New Jersey may soon join states like New York, California and Washington in prohibiting non-disclosure agreements in workplace sexual harassment and discrimination cases.

For HR Dive’s Back to Basics column, Atlanta partner Matt Simpson spoke with reporters on what employers need to know about the Fair Credit Reporting Act (FCRA). The FCRA sets standards for employers when conducting background checks during the hiring process, and while it’s not terribly difficult for employers to comply with the FCRA, there are still common mistakes that can put employers at risk.

PHOENIX (Feb. 25, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Lori A. Guner as an associate in its Phoenix office.

SAN FRANCISCO (February 22, 2019) – Fisher Phillips  announces the addition of Alyssa Graf as an associate in its San Francisco office.

A recent court case has attorneys calling into question whether rumors can rise to the level of sexual harassment and whether the #MeToo era is causing courts to view rumors more seriously.

In an interview with SHRM about providing inclusive workplaces for LGBTQ workers, Jacklyn Wrigley talks about the challenges of complying with various state and local laws, as well as interpreting conflicting federal law.

Quoted in the Daily Journal article “Bystander training can reduce or increase legal challenges,” San Diego Associate Megan Walker discusses the importance of bystander training in the workplace.

Employers are expressing surprise that the Department of Labor (DOL) shares information about their investigations with private attorneys suing the companies the DOL is investigating.

The #MeToo movement exposed the pervasiveness of sexual harassment in the workplace, but how has technology evolved to help solve this age-old problem? Today, there is an app for that. In an interview with Fast Company, Columbia attorney Shelia Willis explained, “The #MeToo movement and social consciousness around harassment has really changed the conversation in the workplace.”

On Feb. 5, 2019, the Florida Supreme Court blocked a Miami Beach law that would have raised the minimum wage in the city, ending a lengthy battle over whether cities could set their own minimum wages.

The federal government published its final rule amending the regulations that will govern petitions filed under the H-1B work visa lottery. But what impact will this rule change have on employers?

The extreme cold brought on by the Polar Vortex that covered much of the United States in January 2019 led to reports of deaths and injuries. So how do companies who operate outdoors ensure their employees are safe and their practices are in compliance with OSHA standards?

Recent surveys show that working women with children believe they have to do more to climb the corporate ladder and many are fearful of telling their employers they are pregnant.

Studies are increasingly showing that employees will conveniently catch a cold the day after the Super Bowl. SHRM asked Boston attorney Josh Nadreau how employers should hand employees playing hooky when Monday rolls around.

Employers that are required to comply with the new Occupational Safety and Health Administration (OSHA) reporting rule must now post a summary of injury and illness data in their workplaces.

Businesses are increasing their use of technology that incorporates workers’ biometric information, but the collection and use of this information could land employers in court.

Are employers giving employees who quit or are laid off accrued vacation time? Fisher Phillips attorney, Melissa Osipoff, told the Washington Post that it depends on the generosity of the employer

IRVINE (Jan. 28, 2019) – Fisher Phillips announces the addition of Wendy Baker as Of Counsel in its Irvine office.

Los Angeles Partner Kristen J. Nesbit has been recognized in the Los Angeles Business Journal’s “Most Influential Minority Attorneys” awards. Kristen was one of 62 Los Angeles attorneys honored in the award series and one of nine employment attorneys recognized.

With the change in power at the U.S. House of Representatives, will the Democrats push more worker-friendly legislation? That is the question that HR Executive posed to Sacramento attorney Ben Ebbink.

It was well known in the intellectual property world that federal trade secrets litigation was on the rise. But this year, practitioners found out how much that increase was. In a published interview with Law Week Colorado, Denver Managing Partner Mike Greco said, “Companies are becoming more and more sophisticated in terms of protecting their trade secrets and becoming more proactive about it.”

The Genetic Information Nondiscrimination Act (GINA), designed to prohibit employers from discriminating against people who might have costly conditions, may cause confusion for employers. In an interview with HR Dive, Ted Boehm explains that the law also prohibits employers from requesting genetic information from their employees, but oftentimes “this kind of thing happens frequently when an employer has to verify medical information for an FMLA or accommodation request.”

The #MeToo movement could cause a backlash that results in companies resisting hiring women or men avoiding women in the workplace.

Workplace romances are relatively commonplace, according to a recent Career Builder survey.

The National Labor Relations Board (NLRB), a federal agency that helps set the direction for the broader policy of U.S. labor law, has issued a number of decisions that challenge long-standing NLRB precedent. In a contributed article for Fast Casual, Steve Miller details what the change in NLRB precedent means for restaurant employers and workers. 

Some federal employees furloughed as part of the government shutdown are being required to continue working without compensation. In an interview with KMBZ-FM, Kansas City Managing Partner Jim Holland explains that this practice violates the Fair Labor Standards Act.

Fisher Phillips has launched a new company called Fisher Phillips Safety Solutions, a workplace safety and health consulting firm that assists clients with developing and implementing state-of-the-art safety risk management systems with the goal of achieving ISO 45001 certification. The new ISO 45001 Safety Standard is designed to help organizations reduce work-related accidents or diseases and was developed by the International Organization for Standardization (ISO), the organization behind other well-known standards such as ISO 9001 for quality management.

LOS ANGELES (January 22, 2019) – Fisher Phillips announces the addition of Suzy E. Lee as an associate in its Los Angeles office.

With Winter in full swing, many employers in the U.S. find themselves in the path of apocalyptic snow storms that may disrupt workplace operations. In an interview with NJ 101.5, Kathleen Caminiti walks through employer and employee obligations during inclement weather, including what happens if a state of emergency is declared, whether employees get paid if the workplace closes early and what happens if employees can’t physically make it to the office.

Cleveland, Ohio (Jan. 18, 2019) – Fisher Phillips today announced that Lauren Tompkins has joined its Cleveland office as an associate.

The EEOC recently announced a partnership with the DOJ that will allow for quicker action on harassment allegation against state and local government employers. In an interview with Law360, Kansas City partner Randy Coffey said the most pronounced impact of the agencies' cooperation agreement will likely be seen in extreme cases, such as when an employer is accused of not doing anything to protect workers from sexual assault or those where the EEOC believes a state or local government is interfering with an investigation, like when an employee is fired while an investigation into their allegation is pending.

The EEOC recently announced a partnership with the DOJ that will allow for quicker action on harassment allegation against state and local government employers. In an interview with Law360, Kansas City partner Randy Coffey said the most pronounced impact of the agencies' cooperation agreement will likely be seen in extreme cases, such as when an employer is accused of not doing anything to protect workers from sexual assault or those where the EEOC believes a state or local government is interfering with an investigation, like when an employee is fired while an investigation into their allegation is pending.

In the Daily Journal article titled “Supreme Court: Arbitration Act exemption covers transportation workers,” Houston attorney Felix Digilov discusses the U.S. Supreme Court’s decision in Oliveira v. New Prime Inc.

As the longest government shutdown in history continues, Bloomberg Law spoke with Portland partner Rich Meneghello on whether employees wishing to file a complaint will be able to do so. 

As the partial government shutdown continues, contracted employees are likely facing delays in payments or, possibly, temporary layoffs.

SACRAMENTO (Jan. 14, 2019) – Fisher Phillips announces the addition of Drew Tate as an associate in its Sacramento office.

No retailer wants the reputation of treating customers differently on account of race or other protected categories, such as gender or religion.

Quoted in the Daily Journal article titled “Workplace harassment bills revived in new Legislature,” Sacramento Of Counsel Benjamin Ebbink discusses Assembly Bills 170 and 171, two workplace harassment bills that have been reintroduced after being vetoed by Gov. Jerry Brown in 2018.

In a byline article for the Employee Relations Law Journal, Benjamin Ebbink provides a detailed summary of all the relevant labor and employment legislation recently signed or vetoed by California Governor Jerry Brown.

On January 7, 2019, Fisher Phillips announced the expansion of the firm’s Washington, D.C. presence with the addition of six attorneys from the Farrington Law Firm. Partners Daniel E. Farrington, Margaret Jacobsen Scheele and Sarah K. Biran, as well as of counsel Sherron Thomas McClain and two associates, Lauren Goetzl and Maxim Doroshenko have joined Fisher Phillips. 

CHARLOTTE (January 8, 2019) – Fisher Philips announces the addition of employment attorney Nicholas Hulse, who joins as an associate in the firm’s Charlotte office.

In a recent interview with Business Insurance about a biometrics case that Illinois’s Supreme Court is set to decide, Chicago attorney James Hux explains that employers should brace for other states to model biometric privacy legislation after Illinois’ law.

WASHINGTON, D.C. (January 7, 2019) – Fisher Phillips announced today its expansion in the Washington, D.C. area as attorneys from The Farrington Law Firm join the national labor and employment firm, effective January 1. Six attorneys have joined Fisher Phillips: Partners Daniel E. Farrington, Margaret Jacobsen Scheele and Sarah K. Biran, as well as one Of Counsel and two associates. 

Employers in Illinois should check their expense reimbursement policies following the passing of new amendments to a state act requiring them to pay “reasonable” expenses to employees.

In the Daily Journal article “Appeals panel upholds new law on paid breaks for piece-rate workers,” John Skousen discusses the California 5th District Court of Appeal’s decision in Nisei Farmers League et al. v. California Labor and Workforce Development Agency et al.

In a recent interview with SHRM regarding whether employers should permit employees to vape, Chicago attorney Jay Hux explained that some employers don't have explicit policies or haven't carefully considered how they want to treat vaping."

FORT LAUDERDALE (January 3, 2019) – Fisher Phillips today announces that Suzanne Bogdan, Regional Managing Partner of the firm’s Fort Lauderdale office, has been elected to serve as 2019 Chair of the Greater Fort Lauderdale Chamber of Commerce. She will serve a one-year term that began on January 1, 2019.

As the government shutdown continues, companies are facing increasing complications with hiring new employees. E-Verify, the system used to check if a person is authorized to work in the U.S., has been taken offline during the shutdown.

Suzanne Bogdan, Regional Managing Partner of the Fisher Phillips Fort Lauderdale office, was elected to serve as 2019 Chair of the Greater Fort Lauderdale Chamber of Commerce. 

ATLANTA (January 2, 2019) – Fisher Phillips today announces that 14 attorneys have been elected to partner. The new partners represent 10 different offices around the country and their promotions were effective January 1, 2019.

NEW YORK (January 2, 2019) – Fisher Phillips today announces that partners Kathleen Caminiti and Melissa Osipoff have been selected for inclusion in Crain’s New York Business 2019 Notable Women in Law list. The list recognizes attorneys who have impacted New York City in major ways, honoring the achievements of the brightest and boldest legal minds, and those with both distinguished careers and exceptional civic and philanthropic activities. 

When inclement weather hits, HR professionals and managers need to know what the Fair Labor Standards Act requires for paying employees who may or may not be able to make it in to work. 

In a SHRM article about the DOL’s guidance on calculating a lawful rate to compensate employees for travel time, Charlotte attorney David Klass explains why certain companies choose to vary their rate of pay for travel time.

In a Columbus Business First article, Bob Robenalt, a partner in the Columbus office, highlighted an Ohio Bureau of Workers' Compensation program as a positive workforce strategy.

In an interview with the Washington Free Beacon regarding the NLRB’s extension of the comment period on a new proposed Joint Employer Rule, Tampa partner Steve Bernstein explained why the Board is pushing for a new rule rather than waiting for a case to work its way through the court.

In a National Law Journal article about the burgeoning trend of pay equity litigation, co-chair of the Fisher Phillips Pay Equity Practice Group, Cheryl Pinarchick, says that employers want to do the right thing when it comes to paying women fairly.