Fisher Phillips in the News

Charles Caulkins was recently recognized in the Florida Trend’s Florida 500 which highlights the 500 most influential executives in different economic sectors throughout the state.

In recent interviews with Bloomberg Law, Business Insurance and Law360, Ben Ebbink breaks down the details employers need to know about new workplace laws on worker classification, workers’ compensation, COVID-19 and family leave.

As the flu season approaches and the COVID-19 pandemic continues, employers’ vaccination policies may soon become more important than ever. Kevin Troutman talked to SHRM, Business Insurance, Law360, Cheddar, and Scripps National News about employers mandating vaccines for their employees to help prevent the spread of viruses in the workplace.

SAN FRANCISCO, CA (September 18, 2020) – Fisher Phillips, one of the Country’s preeminent labor and employment law firms representing employers, announces the addition of Raymond Duer and Kevin Quan as associates in the Firm’s San Francisco office.  

In an interview with Bloomberg Law, partner Travis Vance discusses how the Occupational Safety and Health Administration (OSHA) might encourage employers to offer inoculations to workers when a COVID-19 vaccine becomes widely available.

SAN DIEGO, CA (September 17, 2020) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the addition of Ben Carney and Phillip Simpler as associates in the firm’s San Diego office.    

PITTSBURGH, PA (September 16, 2020) – Fisher Phillips, one of the country’s leading labor and employment law firms representing employers, announces the addition of James “Jay” F. Glunt as a partner in the firm’s Pittsburgh office.

In an interview with SHRM, Cleveland lawyer Tony Dick discusses the Equal Employment Opportunity Commission’s (EEOC’s) opinion letter describing the steps they must follow before a systemic bias suit can be filed.

In a recent interview with Law360, Kathleen Caminiti, co-chair of Fisher Phillips’ Wage and Hour practice, breaks down some of the key takeaways from the DOL’s new guidance allowing employers that reimburse workers' business expenses to choose the IRS mileage rate or any other method. The guidance is aimed at pizza delivery drivers and other food deliver businesses.

COLUMBUS, OHIO (September 8, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Raymond Perez as Of Counsel in the firm’s Columbus, Ohio office.

In an interview with Law Week Colorado, Kristin White discusses the paid family leave initiative that will be on the State’s November ballot.

Samuel Lillard explains to SHRM that some lawmakers are trying to shield businesses from COVID-19-related lawsuits in an effort to protect companies from a rise in litigation stemming from the pandemic.

In an interview with Bloomberg Law, Kristen Nesbit explains that the hastily crafted pandemic legislation leaves companies vulnerable to workplace-related class or collective actions. While such suits have arisen over the summer, sources in the article predict there could be a larger uptick in the fall.

The Los Angeles Business Journal recently hosted a roundtable discussion focused on the top labor and employment trends in California and across the country. Todd Scherwin, managing partner of the firm’s Los Angeles and Woodland Hills office, was one of three attorneys selected to participate in the high-level discussion.

In an interview with Bloomberg Law, Michelle Anderson comments on a pending Fifth Circuit wage-and-hour case that could impact the pleading standard for future FLSA claims.

The President issued a memorandum allowing the deferral of certain payroll tax obligations, but since the announcement there has been very little detail about how the so-called “tax holiday” will actually work. As employers await guidance from the Treasury Department, Bob Robenalt told Law Week Colorado that the “most troubling” issue is that employers might be obligated to pay the employee’s portion of the Social Security tax when/if it eventually comes due.

In an interview with SHRM, Bob Robenalt comments on the U.S. Department of Labor’s (DOL’s) guidance addressing the impact of school reopening on paid leave requirements and unemployment benefits under federal stimulus programs.

In an interview with Bloomberg Law, Jessica Causgrove discusses emerging trends in COVID-19 employment litigation with a focus on the potential impact of Chicago’s new anti-retaliation ordinance.

In a recent interview with SHRM, Matthew Simpson discussed guidance from the DOL that clarifies whether employers are required under federal wage and hour laws to provide hazard pay for employees who work through a pandemic.

The DOL issued guidance for how employers should track unscheduled work hours now that the pandemic has made remote work a long-term reality for many businesses across the country. In interviews with Law360 and SHRM, Kathleen Caminiti, co-chair of Fisher Phillips’ Wage and Hour practice, explains key takeaways for employers from the DOL’s guidance.

KANSAS CITY (August 24, 2020) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Laura Bailey Brown as Of Counsel in the firm’s Kansas City office.

In a recent interview with the Orange County Business Journal, Usama Kahf, partner and head of Fisher Phillips’ CCPA Task Force, provides insight into how companies are complying with California’s new personal data collection laws.

ATLANTA (August 20, 2020) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the inclusion of 123 attorneys across 17 key practice areas in the 2021 Best Lawyers in America© list, the guide’s 27th edition.

In an interview with Business Insurance, Chantell Foley notes that a shortage of personal protective equipment (PPE) is not the only challenge for healthcare employers trying to keep staff and patients safe amid the pandemic.

A federal judge issued a ruling blocking the U.S. Health and Human Services from rolling out its final rule under Section 1557 of the Affordable Care Act (ACA) eliminating anti-discrimination protections based on gender identity in the context of health care and health insurance. In an interview with SHRM, Randy Coffey explains how the recent ruling relates back to the U.S. Supreme Court’s Bostock decision.

In an interview with HR Dive, Kevin Troutman reminds employers that they must still comply with notice posting requirements even if a majority of their employees are working remotely.

IRVINE, CA (August 14, 2020) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the addition of Christopher Campbell as an associate in the Irvine office.   

In the most recent episode of The Workplace podcast, CalChamber’s podcast covering recent employment laws, legislative proposals and national/state politics, Kristen Nesbit, co-chair of Fisher Phillips’ California Litigation practice speaks with Executive Vice President and General Counsel Erika Frank about the types of COVID-19-related litigation employers are seeing and what employers can do to protect their business.

In a recent interview with NJBiz, Sarah Wieselthier explains how the current pandemic has changed how employers need to think about providing accommodations under the Americans with Disabilities Act (ADA).

Steve Bernstein, co-chair of Fisher Phillips’ Labor Relations practice, and Randy Coffey, partner in Fisher Phillips’ Kansas City office, recently spoke with HR Dive on the blurry overlap of political and protected speech.

A new executive order directs federal agencies to review contracts for the displacement of American workers with H-1B visa holders. Bloomberg Law spoke with Cheryl Behymer about the details of the order and how it applies to contractors.

A recent decision to invalidate parts of a DOL rule detailing who qualifies for COVID-related emergency paid sick leave raised a host of questions that employers will have to address. Rich Meneghello spoke with Law360 on what the ruling means for employers across the country.

On a recent segment of the Proven Principles Podcast, Myra Creighton discusses the current debate and legal climate on mandating mask usage in hotels.

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 a recent interview with The Atlanta Journal-Constitution, Howard Mavity shed light on how employers should respond if employees test positive.

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.

In an interview with U.S. News & World Report, Patrick Dennison provides insight into the Main Street Lending program.

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.