Fisher Phillips in the News

PHILADELPHIA (November 20, 2018) – Fisher Phillips today announces the addition of employment attorneys Gavin Carpenter and Shannon Rozell, who join as associates in the Philadelphia office.

Denver (Nov. 15, 2018) – Fisher Phillips announces that Denver partner Todd A. Fredrickson has been honored by his alma mater, the University of Colorado Law School, with its Distinguished Achievement Private Practice Award. Fredrickson will be honored at the Colorado Law Alumni Awards Banquet on March 14, 2019.

SACRAMENTO (Nov. 12, 2018) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of William R.H. Mosher as Of Counsel in its Sacramento office.

According to SHRM, “the U.S. Department of Labor (DOL) has clarified that it will no longer cap the number of duties an employer may assign to a tipped worker and still qualify for the ‘tip credit,’ so long as the duties are job-related.”

Some companies are changing their policies that require employees to engage in arbitration when pursuing remedies for sexual harassment claims. 

DALLAS (Nov. 8, 2018) – Fisher Phillips announces the addition of Dana Chang Dikas as an associate in its Dallas office. Dana rejoins the firm, where she previously worked from 2016 through 2017 in the firm’s Fort Lauderdale office.

In articles that explain the impact of the midterm election results on employers and general counsel, The National Law Journal and Corporate Counsel citied analysis by attorneys Rich Meneghello and Ben Ebbink.

 In the November 2018 midterm election, Missouri voters passed a new minimum wage statute called Proposition B, which requires employers to pay close attention to how the law changes during the next five years.

SAN FRANCISCO (Nov. 07, 2018) – Fisher Phillips announces that Nathan Low has rejoined the firm as an associate in its San Francisco office.

Election Day can be fraught with risk for employers as they navigate their legal obligations to allow employees time off to vote as well as attempt to manage political discourse between employees.

The U.S. Supreme Court recently ruled that all government agencies, regardless of size, must comply with the Age Discrimination in Employment Act (ADEA).

The midterm elections are stirring conversations across the country, but what’s appropriate when it comes to talking about politics at work? Atlanta partner Matt Simpson spoke with WABE (NPR) and 11Alive to examine the boundaries for engaging in political speech while at work.

ATLANTA (November 1, 2018) – Fisher Phillips announced today that the law firm has been named to the 2019 “Best Law Firms” by U.S. News - Best Lawyers®. The firm was named 2019 Law Firm of the Year for Labor and Employment Litigation. Only one law firm per legal practice area receives this recognition, making this award a particularly significant achievement.

New Jersey’s new Paid Sick Leave Law kicked in on October 29 and employers are scrambling to understand the impact it has on their current HR programs and processes. Bloomberg Law, HR Advisor, Chain Store Age, and The New Jersey Law Journal turned to New Jersey attorney Alvaro Hasani for insight into some of the questions employers might have.

In the SHRM article titled “High Court Cases Could Continue to Shape Employment Arbitration,” San Diego Associate Megan E. Walker and Boston Associate Joshua D. Nadreau discuss the recent oral arguments in Lamps Plus Inc. v. Varela and Henry Schein Inc. v. Archer and White Sales Inc. before the U.S. Supreme Court.

In an article for The Washington Post, New York partner Melissa Osipoff explains how employers are changing their employment contracts in the wake of the #MeToo movement.

Sacramento attorney Katherine Sandberg spoke with SHRM about what employers can and cannot do to quell political tensions in the workplace that could lead to lawsuits as the midterm elections draw near.

Though there is disagreement within the current administration as to whether transgender workers are protected by federal law against discrimination, many businesses have moved past the issue as they already extend the protection.

SEATTLE (Oct. 29, 2018) – Fisher Phillips announces the addition of attorney Sieu Che in its Seattle office.

Employers need to prepare for the Department of Labor’s upcoming regulatory changes. Denver partner Sue Schaecher spoke with Law Week Colorado about how businesses can prepare for the new regulatory changes, including possible changes to the overtime rule.

In an article for SHRM, Atlanta partner Jennifer Sandberg discusses the liability issues that can arise when employees become distracted drivers.

Tampa partner Steve Bernstein spoke with the Washington Examiner on the new policy implemented by the National Labor Relations Board to hold unions more accountable for processing worker grievances.

In an interview with Edible SF, San Francisco associate Kasia W. Nowak discusses the recent uptick in inquiries from restaurant employers regarding sexual harassment in recent years. Kasia says she is beginning to receive more calls from clients about what to do to avoid a sexual harassment complaint. Kasia encourages employers to call for a consult if there’s any doubt.

In the wake of high-profile sexual misconduct allegations in Silicon Valley, Boston partner Cheryl Pinarchick spoke with reporters at The Washington Post about how companies are struggling to respond to misconduct in the workplace.

In the Daily Journal article titled “Appellate court ruling sides with worker who accuses employer of misclassification,” San Francisco Regional Managing Partner Jason A. Geller discusses the recent appellate decision in Garcia v. Border Transportation Group, LLC, where the issue of worker classification took center stage. The appellate court determined that the company did not satisfy the third prong of the ABC test that was established in the California Supreme Court decision Dynamex Operations West v. Superior Court.

In a recent story by The Associated Press Atlanta attorney Lorie Maring provided guidance for businesses that want to buy healthcare insurance from an association.

In the Material Handling & Logistics article “DOL Plans to Tackle Overtime and Joint Employer Issues in 2019,” Rich Meneghello comments on the proposed rulemaking opened by the National Labor Relations Board to re-establish the joint employer standard that existed before the Obama administration.

The 11th U.S. Circuit Court of Appeals earlier this month sided with a Georgia chicken plant in a ruling regarding workplace safety inspections. The company had resisted when, during an OSHA investigation into a worker injury at the poultry plant, the federal agency attempted to expand its inspection into other hazards.

NEW JERSEY (October 18, 2018) – Fisher Phillips today announces the addition of employment attorney Eric Baginski, who joins as an Associate in the New Jersey office.

 Employers with policies that state employees aren’t allowed to discuss being disciplined with their co-workers could find themselves running afoul of the National Labor Relations Act.

 SAN DIEGO (Oct. 17, 2018) – Fisher Phillips announces the addition of Robert D. Wilson III as a partner in its San Diego office.

New York (October 17, 2018) – Fisher Phillips New York partner Melissa Osipoff appeared on the Emmy award-winning television program “Sexual Harassment in the #MeToo/Weinstein Era” produced by The American Law Journal. The program received an Emmy on October 13, 2018 for Best Interview/Discussion Program at the 36th annual gala of the National Academy of Television Arts & Sciences, Mid-Atlantic region.

IRVINE (Oct. 17, 2018) – Fisher Phillips announces the addition of Tyler Woods as a partner in its Irvine office.

In the Business Insurance article “California seeks to take up mantle on workplace from OSHA,” Howard Mavity, co-chair of Fisher Phillips Workplace Safety and Catastrophe Management Practice comments on the California Volks rule, an OSHA rule that is aimed to clarify whether employers have a continuing obligation to make and maintain an accurate record of each recordable injury and illness for five years.

The #MeToo movement isn’t only having an effect on company leadership or morale; early data from the Equal Employment Opportunity Commission shows that sexual harassment lawsuits jumped more than 50 percent in 2018. 

SAN FRANCISCO (Oct. 16, 2018) – Fisher Phillips announces the addition of Anthony E. Guzman as an associate in its San Francisco office.

In the Daily Journal article titled “EEOC increased harassment charges, recoveries last year,” Los Angeles Partner Cheryl L. Schreck discusses the Equal Employment Opportunity Commission’s sexual harassment report. The report details significant increases in harassment charges by the EEOC in the past fiscal year, likely driven in part by the #MeToo movement. Cheryl says the “EEOC has made this kind of a super-priority.”

Memphis, Tenn. (Oct. 5, 2018) – Fisher Phillips, a national labor and employment law firm representing employers, announces that J. Gregory Grisham has joined its Memphis office as Of Counsel.

FORT LAUDERDALE (October 5, 2018) – Fisher Phillips today announces the addition of employment attorney Michael Holt, who joins as Of Counsel in the Fort Lauderdale office. 

In a recent interview with Law.com, California attorney Ben Ebbink explained that protecting workers from sexual harassment was the impetus behind a new flurry of laws passed in California.

Business Insurance quoted Tampa partner Steve Bernstein in two articles recently about the changes ahead, both positive and negative for employers, to the Joint Employer Standard. “The rule of reason is likely to be interjected in the joint employment standard,” he said, speaking to the National Labor Relations Board’s proposal to change the rule.

The 2018-2019 Supreme Court session has officially begun. In a snapshot of the key cases on the Court’s docket, Katherine Sandberg of Fisher Phillips told SHRM that reverberations from the #MeToo movement and the Supreme Court’s ruling in Epic Systems Corp. v. Lewis last session means that arbitration cases will take center stage on the court’s agenda.

Katherine Sandberg is quoted in the Daily Journal article “Age Bias And Arbitration On Deck At The High Court,” where she discusses the upcoming U.S. Supreme Court arguments in Oliveira v. New Prime Inc. The case hinges on whether the Federal Arbitration Act exempts independent contractors and whether that question should be answered by a court or an arbitrator.

In the SHRM article “Uber Drivers Must Individually Arbitrate Misclassification Claims,” Portland Partner Rich Meneghello discusses the Ninth Circuit’s decision to allow Uber to force drivers who signed arbitration agreements to bring their employment-related claims individually in arbitration rather than as a class action.

Amid client requests, more law firms over the past year have added diversity and inclusion professionals to their C-suite. Law360 spoke with Chief Diversity Officer, Regina Petty, for their article “More Firms Boosting Diversity Roles Amid Client Pressure,” about how an elevated role with firm management will allow diversity professionals to drive change to meet diversity and inclusion goals.

Atlanta partner Howard Mavity spoke with Material Handling & Logistics for their article “Is Zero Tolerance the Best Way to Stop Sexual Harassment?” regarding the pitfalls of taking a zero tolerance approach to workplace harassment.

Latinos comprise 29 percent of construction workers in the United States, according to the Bureau of Labor Statistics. Construction companies can create inclusive workplaces by taking three crucial steps, Houston attorney Mauro Ramirez writes in an article for Construction News. 

San Diego partner, David Amaya, was selected for inclusion by San Diego Metropolitan magazine for its 2018 class of 40 Under 40. The San Diego Metropolitan magazine 40 Under 40 awards program honors 40 individuals under the age of 40 who are making significant career achievements and have a positive impact on their communities.

The U.S. Supreme Court is on the brink of igniting the 2018-2019 session and reporters want to know if this year’s docket will prove as pivotal as last year’s. One case that employment law attorneys are watching is Altitude Express Inc. and Ray Maynard v. Zarda; Bostock v. Clayton County, Georgia, which will decide if Title VII protects the LGBTQ community against discrimination.

In the Daily Journal article titled “9th Circuit unravels class of Uber drivers suing over misclassification,” Irvine Partner John Skousen discusses the Ninth Circuit’s decision to decertify a class of Uber drivers in a lawsuit that turned on the issue of arbitration. The panel reversed the district court’s order denying Uber’s motion to compel arbitration on the basis of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which reinforced employers’ ability to compel arbitration.

SEATTLE (Sept. 25, 2018) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Ralph Hua as an associate in its Seattle office. 

On Sept. 19, California Gov. Jerry Brown signed Assembly Bill 2334 into law in an effort to make various workplace safety and health changes that will go in effect Jan. 1, 2019. The new law requires the California Division of Occupational Safety and Health to monitor federal electronic record-keeping requirements and resurrects the Volks rule, which provides for a longer statute of limitations for record retention violations.

Leading up to the EHS Safety Leadership Conference, Travis Vance spoke with EHS Today on what attendees can expect from his presentation on how to make sure an OSHA inspection process runs smoothly.

Michael Greco, Denver Regional Managing Partner and chair of the firm’s new Autonomous Vehicles Practice, spoke with media across the U.S. regarding Fisher Phillips capabilities in addressing workplace issues driven by fast-developing autonomous vehicle technology. In articles published by The Fulton County Daily Report, Bloomberg Law Big Law Business, Denver Business Journal, and Thomson Reuters, reporters cover the emerging workplace concerns that the technology ushers in, including trade secret theft, unfair competition, data privacy, wage and hour issues, labor unionizing and safety compliance.

In the wake of Hurricane Florence, a story surfaced regarding a restaurant employee who was fired after she failed to show up for work. She had lost her power and heeded the state’s warning to stay off the road.

In a reaction to the Trump Administration’s efforts to change OSHA record-keeping mandates, California Gov. Jerry Brown signed Assembly Bill 2334 to be effective Jan.1, 2019.

The DOL’s Office of Federal Contract Compliance Programs re-established the role of ombudsperson and clarified existing auditing policies and procedures.

On September 14, 2018, Nancy Holland, wife of Fisher Phillips Kansas City Regional Managing Partner Jim Holland, was honored by the Major League Baseball team, The Kansas City Royals, for her tireless charitable work on behalf of the American Heart Association. Nancy was selected as a part of the Buck O’Neil Legacy Seat program honoring those who play a vital role in the local community.   

The National Labor Relations Board (NLRB) is proposing making changes to the Joint Employer rule so that a company must have immediate and direct control over employees in order to be deemed an employer. For details on the political impetus behind the change and the potential impact on employers, HR Executive Magazine sought the expertise of management-side attorney, Steve Bernstein of Fisher Phillips.

Louisville, Ky. (Sept. 17, 2018) – Fisher Phillips announces the addition of Paul E. Goatley as an associate in its Louisville office.

What happens when a worker is fired for not showing up for work and not calling, then reappears with a federally protected reason for why? That was SHRM’s  question for Myra Creighton, an attorney with Fisher Phillips in their article “What to Do When No-Call/No-Show Employees Reappear.” 

(Reuters) - Autonomous vehicles may still be several years away from being approved for widespread use, but employers should begin preparing now for job losses, collective bargaining complications, and other issues that the use of driverless vehicles in the workplace will engender, according to Fisher Phillips partner Michael Greco.

Quoted in a New Orleans CityBusiness article, Fisher Phillips partner Clyde Jacob explains that a SCOTUS petition he helped write could clarify whether a company that purchases another company must negotiate with an existing union.

LOS ANGELES (Sept. 14, 2018) – Fisher Phillips announces the addition of Devin E. Rauchwerger as an associate in its Los Angeles office.

In an interview with EHS Daily Advisor, Tracy Moon discusses the purpose of lockout/tagout (LOTO), and how to keep your organization’s LOTO procedures and machine guarding programs compliant with OSHA standards.

In the Las Vegas Review Journal article “California ruling cuts against barbers, hair stylists,” San Diego Attorneys Amy Lessa and Megan Walker comment on the rising implications of the California Supreme Court “ABC Test” for independent contractors.

Is your website ADA compliant? A recent ruling from the Eleventh Circuit Court of Appeals stated that not only can a website be in violation when they effectively restrict access to physical locations, but can also be in violation if it impedes access to certain services. 

The Bloomberg Law article “Supreme Court Made It Easier to Nix Overtime Claims, Sometimes,”  explores the Supreme Court decision in Encino Motorcars LLC v. Navarro.

During dangerous hurricane conditions, employees who don’t report to work can be fired under North Carolina policy.

As hurricane Florence barrels toward the East Coast, SHRM is urging employers to prepare now for the workplace challenges ahead.

ATLANTA (September 10, 2018) – Fisher Phillips announces that it has launched its Autonomous Vehicles Practice Group, the first practice group of its kind among the nation’s leading labor and employment law firms representing employers that will focus entirely on the technology’s impact on the workplace and workforce. The firm will help to guide employers through emerging workplace issues that are likely to arise from rapid advancements in autonomous vehicle technology.

In his bylined article featured in the October 2018 edition of Mortgage Compliance Magazine, Tampa attorney Brett Owens discusses the need for mortgage lenders to develop tools to identify gig workers as qualified borrowers.

Did the National Football League negligently provide players with unprescribed drugs? That’s the crux of a class action lawsuit brought by retired football players that was revived by the Ninth Circuit following a dismissal in district court. Irvine attorney Colin Calvert discussed the issue and the Ninth Circuit’s interpretation of the Labor Management Relations Act for the Daily Journal, in an article titled “9th Circuit revives retired NFL players’ suit over drugs.”

In the Nation’s Restaurant News article “Get ready: Consumer Privacy Mandates are Coming,” Denver Partner Danielle Urban comments on the California Consumer Privacy Act (CCPA), a sweeping new privacy protection law that will force restaurants to keep close watch on personal information.

In the Daily Journal article titled “Outside investigations of harassment have pros and cons,” San Francisco Regional Managing Partner Jason A. Geller is interviewed regarding external investigations of workplace harassment claims.

CHARLOTTE (September 5, 2018) – Fisher Phillips announces the addition of labor and employment litigator Deven Gray, who joins the Charlotte office as an associate.

Houston, Texas (September 5, 2018) – Fisher Phillips announces the addition of prominent education lawyer, Kristin Smith, who has joined the Houston office as Of Counsel.

Agriculture employers operating in California must comply with stringent rules and regulations.

nce considered taboo, more employees are sharing information about their salaries with each other to understand their worth and negotiate better pay. In the CNN article “Found Out Your Colleague Makes More Than You? Here's What to Do About It,” Pay Equity Practice Group co-chair Cheryl Pinarchick discusses how employees should approach their employers in addressing pay disparity, as well as the legal rights employees have under federal, state or local jurisdictions.

When the Office of Federal Contract Compliance Programs (OFCCP) issued new guidance regarding pay equity compliance, SHRM turned to Cheryl Behymer to understand what the new rules mean for employers. While the OFCCP said that race might not be a factor in pay disparity and empowered employers with the ability to self-audit, Behymer told SHRM: “that the door has been left open for the OFCCP to reach an adverse finding, even absent anecdotal evidence, using statistics alone.”

In the QSR Magazine article titled “For Restaurants, What's Changed Under Trump?,” Sacramento Regional Managing Partner Alden Parker discusses the impact of federal regulations on restaurant operators. Alden notes that employers initially anticipated more aggressive deregulation, but instead, it seems that they can rely on the status quo.

In the Daily Journal article titled “Batch of worker protection bills pass in state Legislature,” Sacramento attorney Benjamin M. Ebbink discusses a slew of recently passed bills from the California legislature that address worker protection issues. According to Ben, two bills, Assembly Bills 1870 and 3081, are well-intentioned but will create strains for employers if signed into law.

Technologies like recording apps on smartphones are increasingly enabling employers and employees to keep tabs on each other. But how do employers strike a healthy balance between protecting their business interests and honoring the privacy and organizing rights of employees?

The U.S Department of Labor announced that its Family and Medical Leave Act (FMLA) certification forms and notices are valid until Aug. 31, 2021.

In the face of a forthcoming wave of expected penalties flowing from the Affordable Care Act, SHRM turned to Tabatha George of Fisher Philips to help provide employers with information to prepare.

How transparent should companies be about the reasons behind the termination of an executive? Atlanta partner Jennifer Sandberg told The National Law Journal that serving up details for public consumption is “not really good for anybody.” She advises her clients to be as “vanilla” as possible whenever explaining a termination. She also said: “A company’s message should be consistent. That doesn’t mean it evolves over time.”

KANSAS CITY, MO (August 28, 2018) – Spring Taylor has joined the Kansas City office Fisher Phillips as an associate.

In the Carrier Management article “Some See Strides in Combating Sexual Harassment Workplace Problem: Part 3 in a Series,” Tampa Regional Managing Partner Christine Howard discusses how companies are responding to the #MeToo movement.

In the New York Law Journal article “NY Releases New Draft Sexual Harassment Prevention Policy for Employers,” Melissa Osipoff discusses the new model policy and the potential implications for employers. The draft of the model sexual harassment prevention policy is the result of legislation that was passed in April of 2018, requiring all companies to implement a sexual harassment prevention policy and sexual harassment prevention training.