Fisher Phillips in the News

ATLANTA (November 13, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces that Annie Reese has joined the firm as an associate in the Atlanta office.

GULFPORT, LA (November 13, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces that Kelly A. McCall has been named an associate in the firm’s Gulfport office.

Michelle Anderson provided her legal insight on the new employer overtime rules in the November edition of The Broker Breakdown podcast, hosted by Jhane’ Wilcox and Chris Henson and sponsored by Netchex.com. 

When business booms during the holidays, risk abounds for retailers. In today’s tight labor market, businesses are having a particularly challenging time staffing up to meet swelling seasonal demand, according to Ed Harold, chair of the firm’s retail industry practice group, who recently addressed the issue with Law360.

TALLAHASSEE, Fla. (Nov. 7, 2019) – Fisher Phillips partner Charles Caulkins has been elected Chairman of the Board for the Florida Chamber of Commerce. This is the highest-ranking elected leadership position within the Florida Chamber.

CLEVELAND (November 5, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Michael J. Reidy as Of Counsel in the firm’s Cleveland office. 

Memphis (November 4, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces that Marilyn Higdon has been named an associate in the firm’s Memphis office.

DENVER, CO (November 4, 2019) Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce that Denver partner Kristin White was selected as the 2019 “People’s Choice for Mining Law .” Kristin received this recognition from Law Week Colorado in its annual “Barrister’s Best” ranking of the state’s most respected practitioners.

ATLANTA (November 1, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, has been included in the 2020 “Best Law Firms” by U.S. News - Best Lawyers®. The firm received National Tier 1 Rankings for its Employment Law, Labor Law, and Labor and Employment Litigation practices, as well as National Tier 2 Rankings for its ERISA Litigation practice. In total, 22 of the firm’s offices received the prestigious Metropolitan Tier 1 Rankings for Employment Law, Labor Law, Immigration Law, Workers’ Compensation Law – Employers, Labor and Employment Litigation, and/or ERISA Litigation. The firm has been included in every edition of the esteemed rankings since its inception in 2010.

Irvine Office Managing Partner James J. McDonald, Jr. has been included in the Orange County Business Journal’s “2019 OC 500 Directory of Influence.” The 2019 OC 500 highlights the 500 most influential individuals in Orange County.  

The Family Medical Leave Act (FMLA) requires employers to provide job-protected and unpaid leave for qualified medical reasons. Some states have statewide laws aimed at expanding parental leave – covered by FMLA – that might be more expansive than FMLA. In an article published by the Lehigh Valley Business Journal that examines local company policies, Samantha Bononno, attorney in the firm’s Philadelphia office, spoke with reporters on the legal ins and outs of FMLA and state-specific laws.

SEATTLE (Oct. 30, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the additions of Nate Bailey as Of Counsel and Scott Prange as an associate in its Seattle office.

DALLAS (October 28, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces that Sarabeth Hall has joined the firm as an associate in the Dallas office.

Kathleen Caminiti and Cheryl Pinarchick, co-chairs of Fisher Phillips’ national pay equity practice spoke at the 2019 Association of Corporate Counsel Annual Meeting on effective strategies for GCs to implement to promote gender and pay equality.

Two new state laws in New York will protect employees from job discrimination, allowing them to wear their hair and clothing in ways that are a part of their cultural or spiritual being. Among the protected styles are natural hair textures, braids and dreadlocks, and facial hair and clothing worn in accordance with an employee’s religion, such as turbans, yarmulkes, burqas and hijabs. 

Sarina Saluja has been recognized as a finalist in the Los Angeles Business Journal’s 2019 “Leaders in Law” awards. The awards honor the accomplishments of leading attorneys in the Los Angeles area, from a variety of practice areas. Sarina was one of more than 15 nominees in the “Labor and Employment” category, which was whittled down to four finalists – including Sarina – at the awards event.

In its newly unveiled overtime rule, the Department of Labor (DOL) raised the overtime threshold and expressed a commitment to review the threshold more frequently in the future. Marty Heller spoke to SHRM and Law 360 about what this all might mean for employers as they prepare for the rule’s Jan. 1, 2020 effective date.

A recent study complied by Lex Machina shows that the number of federal suits containing claims under the Fair Credit Reporting Act (FCRA) has climbed from 2009 to 2018.

The #MeToo movement has heightened awareness of workplace sexual harassment and increased the chances employers will receive reports of harassment from employees. 

In an interview with HR Executive magazine about hiring ex-offenders, attorney Gabriel McGaha, explained that it’s still crucial for employers to consider the nature of the crime and how it relates to a specific job to mitigate the risk of liability.

New Jersey (October 14, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Alyssa Musmanno as an associate in the firm’s New Jersey office.

James McDonald, regional managing partner of the Irvine office, told the Associated Press in an interview that employees are not guaranteed free speech in the workplace.

LOS ANGELES (October 10, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce the addition of three employment litigators in the firm’s Los Angeles office. Nicole Golob Minkow and Nicole Kamm join the firm’s California Litigation Practice as partners and Hannah Sweiss joins as an associate.

Workers at a Philadelphia media station who delivered their petition to management declaring their intent to unionize, and management’s refusal to voluntarily recognize the union, has caught the attention of labor and employment watchers and news media. 

IRVINE (Oct. 8, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the additions of Lyle Chan and Kari Gibson as associates in its Irvine office.

The 2019 Supreme Court session has officially been called to order, and Randall Coffey has been fielding questions from reporters—SHRM, Law360 and Business Insurance—about how the Court’s term will impact employers.

ATLANTA (October 7, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, today announces various office and committee leadership changes along with the appointment of partners Kathleen McLeod Caminiti and J. Hagood Tighe as co-chairs of the firm’s Wage and Hour practice group.

Effective Oct. 1, 2019 OSHA put a new weighting system in place for workplace safety and health inspections for fiscal year 2020. 

In September 2019, Denver Mayor Michael B. Hancock and Councilwoman Robin Kniech (at-large) proposed to raise the citywide minimum wage starting on Jan. 1, 2020. It is estimated that more than 100,000 Denver residents would see higher wages under this proposal. 

Forbes partnered with market research company Statista to compile the inaugural list of top U.S. corporate law firms based on survey responses from 2,500 lawyers. Fisher Phillips not only made the list but was also noted as one of the most recommended firms for Labor & Employment. 

The U.S. Department of Labor’s newly finalized overtime rule, which takes effect January 1, 2020, will make 1.3 million more white-collar American workers eligible for overtime. 

The U.S. Department of Labor (DOL) has this year issued a flurry of proposed rules and opinion letters in an apparent attempt to clarify and modernize the Fair Labor Standards Act, culminating in the late-September release of its long-awaited rule on the salary threshold for white-collar exemptions and permissible exclusions. 

With the opening of Ohio’s first medical marijuana dispensaries, the state’s employers must now be prepared to deal with a workforce that includes legal users.

The U.S. Department of Labor’s long-awaited overtime rules – the agency’s first salary exemption increase since 2004 – bumped the salary threshold for exempt employees from $455 per week to $684 per week, or $35,568 per year. Announced the week of September 23, 2019, the new rules take effect January 1, 2020.

In its final rule on overtime pay, the US Department of Labor raised the salary threshold for highly compensated employees. In an interview with SHRM, Kathleen Caminiti, co-chair of the firm’s Wage and Hour practice, explained that a duties test remains for high-compensated employees, though it’s not as exacting as the test for executive, administrative and professional exemptions. 

The US Department of Labor finalized its much-anticipated overtime rule, making an estimated 1.3 million more American workers eligible for time-and-a-half pay. The final rule allows employers to use nondiscretionary bonuses and incentive payments, including commissions, that are paid at least annually to satisfy up to 10% of the salary level. 

BOSTON, (September 23, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Jennifer A. Scully as an associate in the firm’s Boston office.

The NLRB has announced its intention of rewriting the definition of “employee” to prevent graduate and undergraduate students at higher education institutions from forming unions.

Human Resource Executive tackled the topic of men excluding women in the workplace out of fear of being accused of sexual harassment. In the article, attorney Michelle Anderson explains that such behavior is a form of gender discrimination, opening up employers to litigation. 

ATLANTA (September 20, 2019) Fisher Phillips was named among the “Top 100 Law Firms for Women” by Women Inc. Magazine. The list celebrates firms with a proven commitment to advancing women in the profession through female representation and leadership.

The Tenth Circuit ruled that the Fair Labor Standards Act (FLSA) applies to employees working in the marijuana industry despite violation of the Controlled Substances Act. 

IRVINE (Sept. 18, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of David Crockett as an associate in its Irvine office.

In its Law Firm Leaders Q&A series, Law360 spoke with Fisher Phillips Chairman Roger Quillen about the firm’s recent growth spurt, its strategies for luring top talent and the one quality he thinks associates need to have to succeed. During his tenure, the firm has opened 30 offices and continues to grow. Roger credits that growth to needing to be where our clients are and expanding where top talent is looking to make a jump to the firm’s national platform.

James C. Fessenden recently spoke with the Daily Journal regarding Assembly Bill 170, a bill that gives newspaper publishers until Jan. 1, 2021 to switch delivery drivers and other distributors from independent contractors to employees. AB 170 is a companion bill to AB 5 and is awaiting signature from Gov. Gavin Newsom. 

San Diego Partner James C. Fessenden recently spoke with Law360’s Pro Say Podcast regarding California Assembly Bill 5. The bill, which would codify the Dynamex ABC test into state law, pass the legislature on Sept. 11 and is expected to be signed into law by Gov. Gavin Newsom.

Courts across the U.S. are issuing conflicting rulings on whether employees who are morbidly obese are protected disability under the ADA. Four circuit courts of appeal have held obesity can only be considered a disability if there is an underlying physiological condition.

Some companies are starting to experiment with interviewing job candidates via text. Attorney Erin Price talked to Legaltech News about the risks and rewards. 

Fisher Phillips, a national labor and employment law firm representing employers, announced today that Clarence M. Belnavis has been named Managing Partner of the firm’s Portland office. He reassumes the role after serving as Managing Partner of the Portland office from 2007 to 2009.

California Assembly Bill 5 passed the Legislature and is headed to Gov. Gavin Newsom’s desk. The bill codifies the Dynamex ABC test into state law and could switch millions of California gig economy workers from independent contractors to employees. James Fessenden spoke with local and national media outlets on the legal workings of the bill and its potential impact on employers if it is signed into law. James explains that overcoming “Prong B” of the ABC test will be the biggest hurdle for companies. Under that prong, companies will have to distinguish their business model from the worker’s duties in order to pass the test. James says the law puts the burden on businesses to prove that exemption.

PORTLAND (Sept. 12, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Natalie Horwitz as an associate in its Portland office.

LOS ANGELES, (September 10, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce that Los Angeles Managing Partner Todd Scherwin was recognized by Law360 as a 2019 Rising Star in Employment Law. The designation honors career accomplishments of attorneys under 40 whose legal accomplishments transcend their age. Scherwin was selected from over 1,300 submissions and was one of five attorneys selected for Employment Law. He joins 175 attorneys across the country honored in the 2019 class of Rising Stars.

The Department of Labor (DOL) has increased its pursuit of harsher penalties, like jail time, for employers who fail to pay delinquent safety fines. 

It’s no secret that social media sites like Facebook, Twitter and Instagram have become a global phenomenon. According to a 2015 study, Americans check their social media accounts an average of 17 times per day. Considering the highest usage was observed in those between the ages of 25 and 54, it’s easy to conclude that Americans’ social media compulsion is infiltrating the workplace, as people struggle not to sneak a peek throughout the day.

The NLRB overturned an administrative law judge’s ruling in Velox Express, Inc. and Jeannie Edge finding that employers do not violate the NLRA by misclassifying employees as independent contractors. In response to the NLRB’s ruling, Todd Lyon, co-chair of the firm’s Labor Relations practice told HR Dive that the ruling is a “good win for employers.” 

The August 2019 Immigration and Customs Enforcement operation, in which ICE officers arrested nearly 700 workers across Mississippi, was the largest immigration enforcement action ever undertaken in a single state. The coordinated sting left employers nationwide wondering if their workplaces, too, could be raided.

Houston, Texas (August 22, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Hollie Reiminger as Of Counsel in the firm’s Houston office. 

Lex Machina released its “Employment Litigation in the Southeast Report,” naming Fisher Phillips one of the busiest employment litigation firms in Florida, Georgia and Texas.

New Jersey Acting Governor Sheila Oliver signed into law Assembly Bill 2903 that ramps up penalties for violations of the state’s wage theft law. Employers in the Garden State are now facing increased financial penalties and first offenders could see prison sentences between 10 and 90 days.