Fisher Phillips in the News

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.

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.

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.

In his article for the Tampa Bay Business Journal, Tampa partner Steve Bernstein reflects on the accomplishments of the Greater Tampa Chamber of Commerce within the business community and the community at large during his tenure as 2018 chairman.

New Orleans (Dec. 20, 2018) – Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce that New Orleans partner Timothy Scott has been appointed to serve as a delegate for the 41st Judicial District to the House of Delegates of the Louisiana State Bar Association. Appointed by President Barry H. Grodsky, he will serve in this role June 2019 through June 2021. 

A federal judge in Texas ruled that the entire Affordable Care Act (ACA) is invalid, leaving attorneys questioning the future of the program and enforcement.

The Office of Federal Contract Compliance Programs is streamlining the audit process, which will result in more audits for employers. But, it’s not all bad news. 

In the wake of a federal ruling that declared the Affordable Care Act unconstitutional, SHRM addressed whether the ruling would affect the healthcare plans of employers.

In a recent interview with SHRM about whether California’s new governor will be responsive to employers’ business needs, Sacramento attorney Ben Ebbink signaled that the governor’s business background could portend positive outcomes for employers.

The U.S. Supreme Court has decided to hear the case Kisor v. Wilkie, a case that could force regulatory agencies like the Equal Employment Opportunity Commission to “write more precise rules and issue less informal guidance,” according to SHRM. 

ATLANTA (December 13, 2018) – Fisher Phillips is pleased to announce that BTI Consulting Group has recognized the firm as a leader in client service in its Client Service A-Team 2019 report, a ranking of law firms considered by their clients to deliver excellent client service on a consistent basis.

San Francisco Regional Managing Partner Jason A. Geller is quoted in the Daily Journal article “Attorneys: client companies becoming more proactive in addressing harassment,” discussing how companies have been reacting to harassment claims.

In an article for Law360, Philadelphia attorney Jeff Csercsevits spoke with reporters on Philadelphia’s recently passed Fair Workweek Employment Standards Ordinance. The ordinance, expected to be signed into law by Mayor Jim Kenney, will require retailers, hotels and chain restaurants with more than 250 employees and 30 or more locations to provide workers with two weeks' advance notice of their schedules, and provide additional payments to workers in the event of last-minute scheduling changes.

The Department of Labor is offering federal contractors a five-year moratorium on compliance audits in exchange for discrimination settlements. To benefit from the deal, contractors would need to fork over biannual data on companywide hiring and compensation.

SAN FRANCISCO (Dec. 12, 2018) – Fisher Phillips is pleased to announce that Partner and Appellate Counsel Wendy McGuire Coats has been appointed by California Governor Edmund G. Brown Jr. to serve as a Superior Court Judge in Contra Costa County.

Irvine attorney Ashton M. Riley is quoted in the Daily Journal article titled “State high court upholds meal break waivers for health care employees,” where he discusses the California Supreme Court’s decision in Gerard v. Orange Coast Memorial Medical Center.

In an interview with the Washington Hospitality Association, Catharine Morisset provides insight on the operational challenges hospitality businesses face and best practices owners and operators can incorporate for success. 

In an interview with Business Growth Café, partner Bob Yonowitz spoke with host Angelo Ponzi on the issues that keep employers up at night, including documenting employee infractions, failure to maintain good timekeeping practices and managing the employer-employee relationship with employees with disabilities.

In an interview for Hotel Management titled “How to prevent ICE from knocking at your door,” Davis C. Bae discusses the immigration-related challenges facing the hotel industry.

In an article published by the Daily Reporter titled “That Next OSHA Investigation Might Not Be So Bad,” Oregon attorney Rich Meneghello provides insight on a recent ruling issued by the federal appeals court that limits OHSA’s ability to expand safety investigations past their original scope.

Tampa partner Steve Bernstein is interviewed by the Washington Examiner for its article “GM Plant Closures May Hinge on the Definition of One Word,” where he discusses the legal standing behind the automaker’s collective bargaining contract.

TAMPA (December 6,  2018) – Fisher Phillips today announces the addition of employment attorney Claire Meharg, who joins as an associate in the firm’s Tampa office.

ATLANTA (December 6, 2018) – Fisher Phillips today announced attorneys D. Albert “Bert” Brannen and Edward N. “Ted” Boehm have been named to Georgia Trend magazine’s “Legal Elite” list. The 16th annual peer-selected nomination recognizes the attorneys’ work in labor and employment law.

On July 1, Massachusetts businesses will be required to start paying the state to fund a new paid family and medical leave program for their employees, part of the “grand bargain” legislation passed on Beacon Hill this summer.

In the Daily Journal article “US Supreme Court remands challenge to mandatory bar dues,” Irvine partner Colin P. Calvert discusses the U.S. Supreme Court’s decision to remand Fleck v. Wetch, a case that challenged mandatory bar membership, back to the 8th Circuit to reconsider the case in light of the Janus v. AFSCME ruling. 

PHILADELPHIA (December 3, 2018) – Fisher Phillips presented its fourth annual Business Leadership in Diversity Award to Janet Fiore, CEO of The Sierra Group and President of The Sierra Group Foundation. Fiore, who was honored for her tireless effort in reversing the rate of unemployment of people with disabilities, received the award at a reception on Saturday, December 1, in New York City during Pennsylvania Society Weekend.

Sexual harassment reporting is up significantly in the last year. While harassment training is still important, antiquated training methods no longer work, Steve Loewengart said in an interview with Columbus Business First. Relevant training increasingly emphasizes bystander training that teaches employees to speak up if they witness workplace harassment.

SACRAMENTO (Nov. 28, 2018) – Fisher Phillips announces the addition of Erin J. Price as an associate in its Sacramento office.

IRVINE (Nov. 26, 2018) – Fisher Phillips announces the addition of Andrew C. Crane as an associate in its Irvine office. 

In the Daily Journal article “Companies giving up mandatory arbitration in sex cases a business move, attorneys say,” Megan Walker discusses the recent trend among companies to stop mandatory arbitration practices in cases involving sexual harassment. While the consensus is that this is a perception- and business-related trend, it could cause logistical issues.

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.

In an article about the risk of employee data loss, Philadelphia partner Risa Boerner tells The Washington Post that employees don’t expect their employer to lose their data, so they take cyber breaches at work particularly hard.

CHARLOTTE (November 19, 2018) – Fisher Phillips today announces the addition of employee benefits attorney Tiffani Wedington Greene as of counsel in the firm’s Charlotte office.

In a Law360 article about the issues employers need to consider when laying off employees, Ed Harold, New Orleans Regional Managing Partner, stresses that the more subjective the reasons are for the reduction in force the harder a charge of discrimination is to defend in court. 

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).

In an article about Democrats demanding hearings regarding the NLRB’s forthcoming reversal of the Joint-Employer Rule, attorney Steve Bernstein told Business Insurance: “I will say in (the NLRB’s) defense it may be simply they’ve had a fair amount of open discussion on this dating back years since this doctrine was first overturned by the NLRB.

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.