Fisher Phillips in the News

DENVER (February 19, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, announces that Katarina Niparko has joined the firm as an associate in the Denver office.

Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Jennifer Barrett DiMarzo as an associate in the Boston office.

There are times when employees may need private space at work. Perhaps a religious employee needs to pray, or a nursing mother needs to express breastmilk. Maybe a worker needs a quiet space to focus on mental health.

Determining whether an individual is covered by the FMLA and whether requested time off is protected can sometimes be tricky.

Fort Lauderdale (February 10, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce that Fort Lauderdale Regional Managing Partner Suzanne Bogdan and partner Charles Caulkins were recently honored at the Greater Fort Lauderdale Chamber of Commerce 110th Annual Meeting.

A first-of-its-kind ruling from the Third Circuit cleared the way for Philadelphia to begin enforcing its ban on employers inquiring about salary histories of job candidates. In an interview with Law360, Samantha Bononno, partner in the firm’s Philadelphia office, explained that “this is going to result in some significant changes for employers.

New Orleans (February 7, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Andrew J. Baer as Of Counsel in the firm’s New Orleans office. 

Increasingly, companies are removing "he" and "she" from their employee handbooks and replacing them with gender-neutral pronouns, such as "they".  The companies are doing this to make nonbinary individuals who do not identify as male or female feel included.

The U.S. House of Representatives passed a bill Feb. 6 that would change labor law in many ways. Secret-ballot union elections could be more easily bypassed by signing union authorization cards, classifying workers as independent contractors would be more difficult, and an expansive definition of "joint employer" would be revived.

In a decision that could have national implications for the wage equity movement, the Third Circuit ruled in favor of Philadelphia’s ban on asking job applicants their salary history.

Though fear of the Coronavirus is sweeping the country, Pennsylvania residents are more likely to catch the common flu, according to the state Department of Health.

Many states have raised their minimum wage, and employers in those states need to be aware of the increase to stay in compliance with the new rates.

New Jersey became the first state to enact a law requiring severance pay for workers during mass layoffs.

There are many preventive measures employers can take to safeguard against the coronavirus, but when implementing such measures employers need to be cautious of legal ramifications.

In an interview with EHS Today, partner Howard Mavity describes what steps employers can take to protect their workplace against the coronavirus.

Maryland has joined 13 other states plus the District of Columbia to bar employers from asking job applicants about their criminal history on the initial job application.

Fort Lauderdale, FL (January 29, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Alex Castro as an associate in the firm’s Fort Lauderdale office.   

Governor Phil Murphy signed S-3170 into law amending the state Worker Adjustment and Retraining Notification Act (WARN).

Employers are trying to cut through the noise to determine what they can and should be doing to protect their workforce in the face of the rapidly-spreading coronavirus. In an interview with The Wall Street Journal, partner Howard Mavity said that “[e]mployers are to a point now of trying to stay ahead of the curve.”

Sacramento Partner Benjamin M. Ebbink recently spoke with the Daily Journal regarding several new California proposed laws that add carve-outs to the state’s AB 5 worker classification law. The bills add exemptions for alarm service workers, freelance journalists, and small business owners, among others. 

Philadelphia, PA (January 27, 2020) – Fisher Phillips, a national workplace law firm representing employers, announces it will move its Philadelphia area office location to the iconic Two Logan Square building in Center City Philadelphia to accommodate the firm’s growing practice. Fisher Phillips has signed a lease for nearly 21,000 SF on the 12th floor and expects to occupy the space in April.

Fisher Phillips, a national workplace law firm representing employers, announces the addition of Michael R. Miller as senior counsel and Timothy Tack as partner in the firm’s Tampa office. Mike and Tim are powerhouse attorneys in the Professional Employer Organization (PEO) industry in Florida and across the country and join from Miller Tack & Madson.

News outlets are preoccupied with alarming updates about the spread of coronavirus – including several cases identified in the United States – and employers are left wondering what steps they can take to prevent the spread and protect their workforce.

Following an interview with Overdrive, San Francisco Regional Managing Partner Jason A. Geller offers his thoughts on the trucking industry’s appeal of AB 5, California’s worker classification law.

Employers across the country are dealing with CBD use by employees and the rise of legalization of recreational and medical marijuana.

In most industries, federal laws protect workers with disabilities, including mental illness. Church, however, is an exception.

In a new round of guidance memos, the National Labor Relations Board (NLRB) weighed in on eight new issues, including workplace investigations and the legality of a “voluntary” arbitration agreement.

January is a good time for employers to review their employee handbooks and make sure they accurately reflect new workplace laws at the federal, state and local levels.

Employers covered by the Occupational Safe and Health Administration’s (OSHA’s) recording-keeping rule must post their 2019 summary of work-related injuries and illnesses at the worksite between February 1st and April 30th.

The Orlando Business Journal turned to Justin McConnell for insight into what workplace bills Florida employers should keep their eye on during the state’s 2020 legislative session.

Nashville, TN (January 13, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, is excited to announce its launch of an office in Nashville, Tennessee. The firm has been open for business and operating out of temporary space in the city since July 2019, and now Fisher Phillips can make its presence official after securing over 4,000 square feet of office space in Nashville’s West End.

ORLANDO (January 13, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Alex Desrosiers as an associate in the firm’s Orlando office.  

In interviews with Business Insurance and HR Dive, Marty Heller, Atlanta partner in the firm’s national Wage and Hour practice, breaks down the Department of Labor’s (DOL) regulations on joint employer liability under the Fair Labor Standards Act (FLSA).

San Francisco Regional Managing Partner offers commentary on a federal judge's decision to indefinitely expand a temporary restraining order exempting compliance with California's AB 5.

The Garden State’s lawmakers approved a bill that would compel employers to give more notice and pay severance to laid-off workers. The bill, which only applies to employers with 100 or more full- or part-time workers laying off 50 or more people could be the first of its kind in the country.

With the rapid evolution of technology and employment law, 2020 is looking to be a challenging year for compliance with changing workplace policies and regulations.

DENVER (January 9, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, announces that Rina Grassotti has joined the firm as an associate in the Denver office.

For employers and frontline managers, understanding the National Labor Relations Act (ACT) in terms of the workers it covers, the rights it protects and how it is enforced, is critical to protecting a business from litigation.

The U.S. Department of Labor (DOL) enacted its first major update to overtime pay legislation in 15 years, taking effect on January 1. The revised FLSA standards, which determine if employees are eligible or exempt for overtime pay, will likely impact over 1 million workers who will become newly entitled to overtime protections.

California's controversial new independent-contractor test took effect Jan. 1, 2020 but several professional associations, businesses and workers are trying to halt its application to their respective industries. In an interview with SHRM, Todd Scherwin breaks down the three-pronged test, called the “ABC test” that determines how an employee should be classified.

Job applicants’ salary history can’t be required by New York employers under a new state law aimed at promoting pay equity by gender and race. The law – effective Jan. 6 – makes New York one of 13 states plus Puerto Rico that restrict both government and private-sector employers’ ability to use salary history queries.

DETROIT (January 6, 2020) – Fisher Phillips, a national workplace law firm representing employers, and The Murray Law Group, a boutique labor, employment, and immigration firm located in metropolitan Detroit have combined practices under the Fisher Phillips banner. As of January 1, 2020, the boutique’s attorneys joined Fisher Phillips, and the physical space located at 31780 Telegraph Road, Bingham Farms, Michigan, assumed the Fisher Phillips brand and became the firm’s 36th office location. 

About 2.1 million federal employees will soon be eligible for paid parental leave under a defense spending bill signed by President Donald Trump on Dec. 20.

As we begin a new decade, employee-compensation trends remain at the top of the list of concerns for HR professionals. In SHRM’s roundup of its top issues, New York partner Seth Kaufman said that pay equity will remain a high-level challenge.

Sacramento partner Ben Ebbink and Philadelphia partner Rick Grimaldi, co-founders of FP Advocacy, spoke with Bloomberg Law on the numerous workplace issues that states are expected to take up in 2020.

In 2020 Colorado employers will face a host of new regulations that will require them to re-study compensation practices and revisit other workforce matters like staffing levels and required hours. In an interview with the Denver Business Journal, partner Todd Fredrickson touched on the 2020 regulations that he and his employer clients are closely following, including new overtime rules that could impact benefits and hours worked per person.

In today’s world even the most careful and skilled workers can injure themselves on the job, and, as a result, most businesses are required to have workers’ compensation insurance. In an interview with Pizza Today, Columbus partner Bob Robenalt discusses how workplace drug policies can impact workers’ compensation insurance.

2019 brought sweeping changes for businesses across New York with a host of new employment obligations ranging from sexual harassment prevention training to stricter data breach notification requirements. In an interview with Newsday, Melissa Camire discussed the forthcoming deadlines that local employers need to keep on their radar as 2020 approaches and why so many changes happened this year.

The National Labor Relation Board’s final union election rule, published in mid-December 2019, moderates the “quickie election” rule the NLRB issued in 2015. The new rule provides 14 business days – up from eight calendar days previously – to hold a pre-election hearing after a union petition is filed. Employers also will have eight business days to file a response to a union petition. 

Fisher Phillips, a national labor and employment law firm representing employers, has announced the election of 17 attorneys to partnership. The new partners represent an expansive cross-section of the firm’s labor and employment service offerings, including Employee Defections and Trade Secrets, Global Immigration, Labor Relations, Litigation, Wage and Hour, and Workplace Safety. The 17 new partners span 16 offices across the country and nearly half of this year’s class are women, making it one of the most gender diverse partnership classes in Fisher Phillips’ history.

In his first year as coach, San Francisco Associate Anthony E. Guzman II has led Berkeley Law’s Labor & Employment Mock Trial Team to its first regional championship since 2014 in the ABA’s 16th Annual Labor and Employment Law Student Trial Advocacy Competition. The team scored an undefeated, first-place finish in the tournament, upsetting the former regional champion UCLA Law School in the final round.

DETROIT (December 18, 2019) – Fisher Phillips, a national workplace law firm representing employers, and The Murray Law Group, a boutique labor, employment, and immigration firm located in metropolitan Detroit have reached an agreement to combine practices under the Fisher Phillips banner. As of January 1, 2020, the boutique’s attorneys will join Fisher Phillips, and the physical space located at 31780 Telegraph Road, Bingham Farms, Michigan, will assume the Fisher Phillips brand and become the firm’s 36th office location. 

On December 4, 2019 the firm announced that Brett Wendt joined as a Partner in the firm’s Denver office.

LOS ANGELES (Dec. 16, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the additions of Chris Chaplin, Jeff Elkrief and Cristina Medina as associates in its Los Angeles office.

The U.S. Department of Labor’s new rules regarding overtime pay will make an estimated 1.3 million workers eligible for overtime pay. The new rule, effective January 1, 2020, increases the salary threshold for overtime by about $12,000.

Atlanta Partner Ted Boehm recently spoke with Restaurant Hospitality, discussing the Department of Labor’s proposed tip credit rule. The rule, which would eliminate the 80/20 tip credit, is being challenged by 18 states and the District of Columbia, laying the groundwork for a potential lawsuit over the regulation. 

A new law that goes into effect Jan. 1 will require California employers to sharply enhance accommodations at the workplace for mothers who are nursing. Senate Bill 142 requires that nursing rooms must be clean and free of hazardous materials, with running water, access to a refrigerator and a clean surface on which women can place a breast pump. It must also have an electrical outlet and a place to sit.

Employers now have more clarity and flexibility about which perks they can include in workers' "regular rate" of pay, which is used to calculate overtime premiums under the Fair Labor Standards Act (FLSA).

SAN FRANCISCO (December 9, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Philip Smith as Of Counsel in its San Francisco office.

Los Angeles Partner Shaun J. Voigt recently spoke with the Daily Journal regarding the California Supreme Court’s pending decision in Kim v. Reins International. The case centers around whether a plaintiff loses standing in a PAGA claim if their individual arbitration has been settled and dismissed. The court heard oral arguments on Jan. 7. 

CHARLOTTE (December 6, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Bryan Holbrook as an associate in the firm’s Charlotte office.  

In his byline article for Hotel Management titled “Beware increased litigation over F&B service charges,” Irvine Regional Managing Partner James J. McDonald, Jr. examines a recent California appellate court decision that affects food delivery service. In O’Grady v. Merchant Exchange Productions, the court held that mandatory service charges added by banquet facilities to their contracts may need to be paid to banquet service employees essentially as a gratuity.

Fair Credit Reporting Act (FCRA) litigation increased by 8.7% year-over-year, with 4,163 claims filed through October 2019. This number brings FCRA lawsuits to its highest on record at the close of 2019.

In his byline article for Small Business Today titled “Protecting Transgender Employees and Avoiding Lawsuits,” Los Angeles Associate Devin Rauchwerger discusses how small businesses can protect against Title VII discrimination lawsuits and ensure their trans employees feel welcome at work.

IRVINE (Nov. 27, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Selwyn Chu as an associate in its Irvine office.

Charles Caulkins, partner in the firm’s Fort Lauderdale office, was recently elected Chairman of the Board for the Florida Chamber of Commerce, the highest-ranking elected leadership position within the Florida Chamber. In an interview with the South Florida Business Journal, Charles spoke to reporters about his goals for his two-year tenure as chairman, priorities for South Florida and explained why leaders from across the political divide need to come together to address the state's climate concerns.

Orlando attorney Justin McConnell spoke with the Orlando Business Journal on best practices employers should consider to keep a healthy, functioning work environment when political conversations enter the workplace. 

The U.S. Department of Labor (DOL) published a final rule rescinding the requirement that employers post advertisements (in print and online) for foreign guest workers under the H-2B visa program.

In its inaugural edition, the Los Angeles Business Journal included Fisher Phillips in its 2019 “Best Law Firms” highlighting the city’s top 25 law firms ranked as a best place to work. The firm was included in the prestigious list for its history of implementing policies that encourage attorneys to find the right work style that fits for them. 

One of the nation’s most prominent unions faces a crippling financial blow in the form of a jury award of $93.6 million for having engaged in unfair labor practices against an employer forced to abandon a facility because of the union’s actions. In it’s coverage of the case, Material Handling and Logistics quoted Columbia Labor Relations attorney Phillips McWilliams on the significance of the decision.