Fisher Phillips in the News

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 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.

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.

In an interview with Thomson Reuters, Michael Greco, chair of the new Fisher Phillips Autonomous Vehicles Practice Group discusses the launch of the practice with legal correspondent Daniel Wiessner.

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.” 

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.

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.

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 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 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?

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.

In the Daily Journal article “Bill would forbid mandatory arbitration as condition of employment,” San Francisco Regional Managing Partner Jason A. Geller discusses Assembly Bill 3080, which would ban mandatory arbitration agreements as conditions of employment. AB 3080 is the latest #MeToo bill to land on Gov. Jerry Brown’s desk.

In the EHS Today article “MSHA and OSHA Decisions May Be Overturned,” attorneys Travis Vance and David Klass discuss the implications of the U.S Supreme Court possibly overturning rulings by improperly appointed administrative law judges (ALJ) in the Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA).

With the Federal Mine Safety and Health Review Commission (FMSHRC) down to four out of five members, and two more leaving on August 30, 2018, the commission awaits the current presidential administration’s appointments.

In the Daily Journal article “Bill to Maintain More Harassment Records Passes Legislature,” San Diego attorney Megan Walker discusses the potential impact of California Assembly Bill 1867 on employers.

The Greater Baton Rouge Business Report covered an August 2018 Rotary Club of Baton Rouge meeting where New Orleans partner Dennis Cuneo discussed the electric and autonomous vehicle revolution coming to the auto industry in the Capital Region.

Do employees have the right to privacy in the workplace? Fisher Phillips attorney Jeffrey Dretler addressed that question in an interview with Workforce magazine.

In SHRM’s second installment of a three-part series regarding the legal and HR issues that arise as employees leave, Fisher Phillips attorney Robert Yonowitz talks about the steps employers should take to protect their trade secrets if a departing employee is leaving to join their competition. Specifically, he said: "Get a snapshot of their account. Hard drives are cheap. So, particularly for higher-level employees who had access to key information, employers may be better off just storing their hard drive and replacing it with another one—then the information is preserved.”

PHOENIX (Aug. 17, 2018) – Fisher Phillips announces the addition of Kris Leonhardt as associate in its Phoenix office.

SAN FRANCISCO (Aug. 17, 2018) – Fisher Phillips announces the addition of Aaron D. Langberg as associate in its San Francisco office.

Louisville partner Cynthia Blevins Doll was profiled by Louisville Business First for its “20 People to Know in Law” feature, a monthly installment showcasing 20 people readers need to know in the business community.

Sometimes Alternative Dispute Resolution is an option for employers with matters in front of the National Labor Relations Board and sometimes it’s not.

ATLANTA (August 15, 2018) – Fisher Phillips announced today that 95 attorneys have been selected by their peers for inclusion in The Best Lawyers in America 2019®. 

After 10 years of debate, the Massachusetts legislature has passed noncompete reform. Michael Elkon discussed with reporters from The Washington Post,  Law 360,  SHRM and Business Insurance how the legislation is emblematic of a larger trend of noncompete reform happening at the state level that is sweeping the country.

WASHINGTON D.C. (August 13, 2018) – Fisher Phillips announced the addition of labor and employment litigator Setareh Ebrahimian, who joins the Washington, D.C. office as an associate. 

In a Bloomberg Baystate Business radio interview, Pay Equity Practice Group co-chair Cheryl Pinarchick discusses the salary history ban laws, pay gap, and the benefits of employers doing pay audits in Massachusetts.

Although Missouri voters soundly defeated a measure that would have instituted a right-to-work law, supporters’ fight for reform might not be over, said Kansas City Regional Managing Partner Jim Holland. 

With a new school year beginning, some parents are considering whether they should connect with their children’s teachers via social media platforms. In the recent 11Alive News story, “Should You Friend your Child’s Teacher on Facebook?”, Atlanta partner Matt Simpson offered his thoughts on the potentially risky situation.

SHRM turned to Robert Yonowitz, who focuses on noncompete and trade secrets issues, for insight in its three-part series regarding the legal and HR issues that arise as employees leave.

Immigration and Customs Enforcement (ICE) continues its focus on worksite enforcement on employers, which includes workplace raids, inspections, audits, and arrests. In the Material Handling and Logistics article, “ICE Steps Up Review of Workplace Violations”, Global Immigration Practice co-chairs Davis Bae and Shanon Stevenson are quoted on what to do in event of an ICE raid.

In the Law360 article “Calif. High Court's Starbucks Decision: Bombshell Or Blip?,” San Diego partner  Megan Winter provides ways employers can avoid the real challenges brought on by the California Supreme Court ruling in Troester v. Starbucks.

In the Business Insurance article, “Reaction Mixed to OSHA’s Planned Electronic Record-Keeping Rule Changes,” co-chair of Fisher Phillips’ Workplace Safety and Catastrophe Management Practice Edwin Foulke comments on what the upcoming change could mean for employers. The article discusses OSHA’s proposal to rescind parts of the electronic record-keeping rule that could keep injuries, illnesses and other sensitive employee information protected.

In the Of Counsel article, “Confluence of Factors Feeds Steady Stream of L&E Work,” Wendy McGuire Coats is quoted on the heightened attention to pay equity audits that is driving demand for labor and employment counsel.

Fisher Phillips partner David Amaya is quoted by the Wall Street Journal, Business Insurance and Fox Business on the wide-reaching impacts of California’s Supreme Court ruling that Starbucks must pay workers for the micro amounts of time they spend transitioning off their shift.

In the Washington Post article “Why Some Workers are Seeing Unexpected Pay Raises”, Cheryl Pinarchick comments on the rise of pay adjustments in recent years.

In the SHRM article “Calif. Arbitration Bill’s Fate Uncertain After High Court Ruling,” Sacramento attorney Benjamin Ebbink discusses the California bill approved by the State Assembly that would ban mandatory arbitration agreements. The bill, AB 3080, would prohibit mandatory arbitration agreements as a condition of employment, continued employment, or receipt of any work-related benefits.

In the Daily Journal article “Top Labor and Employment Lawyers 2018,” Benjamin Ebbink of the Sacramento office was recognized for his work advising clients on how to comply with the new legal standard for worker classification legislation stemming from the #MeToo movement, and for helping clients navigate employee-employer relationships.

In the Daily Journal of Commerce article, “Attorneys Weigh in on Potential Impacts of Supreme Court Ruling,” Todd Lyon comments on the potential implications of the Janus v. AFSCME Supreme Court ruling, which ended the collection of “fair share” union fees for non-members.

Partner Anderson Scott is highlighted in the Daily Report article “Fisher Phillips Partner Focuses on Photography.” Andy’s photography has been featured in museums, galleries and several media outlets, including the Wall Street Journal, CNN, and Wired.

In search of signs for whether President Trump’s Supreme Court nominee, Brett Kavanaugh, would favor employers, the media turned to Fisher Phillips. 

SAN DIEGO (July 9, 2018) – Fisher Phillips announces that Partner Danielle H. Moore has been named chair of the firm’s Development Committee. The Development Committee works closely with the firm’s marketing department to lead institutional efforts in branding, marketing and business development. Moore will co-chair the committee for a six-month transition period with Partner James J. McDonald, Jr., who has served as chair since 2004. She will assume full duties on Jan. 1, 2019.

Cleveland Partner Sarah Moore was quoted in the Insider Higher Ed article “Will Trump Change the Way Colleges Seek Diversity?” The Trump administration rescinded guidance from the Obama Administration on how colleges can legally consider race and ethnicity in admissions. Several educational institutions stated they would not be changing their recruitment and admission policies based on the administration’s actions, but some experts believe colleges will face legal challenges in the future.

San Diego Partner Aaron Olsen is quoted in the Daily Journal article “Patchwork Minimum Wage Ordinances Could Legally Expose Small, Medium Businesses.”

San Francisco Partner Wendy McGuire Coats was quoted in the Law.com article “Labor of Law: Giving Trump the Middle Finger: Protected Speech?”

When news broke that the Supreme Court sided with Janus, the media turned to Fisher Phillips attorneys Todd Lyon and Lisa Vickery for analysis on what the decision means for employers and the future of unions. Publications Corporate Counsel, National Law Journal, SHRM.org, Law 360 and Washington Free Beacon included one or both attorneys in their stories.

In the Kansas City Business Journal article, “KC lawyer: Unions Not Done Fighting After Supreme Court Loss,” Jessie Bustamante explains that the Supreme Court of the United States decision leaves unanswered questions for unions - most notably whether unions will have to continue providing services for people not paying agency fees.

Bert Brannen, managing partner of the Atlanta office, is a finalist for the Fulton County Daily Report’s “Best Mentors: Bert Brannen.”

Colin Calvert of the Irvine office was quoted in the article “Public Unions Can’t Force Nonmembers to Pay, U.S. Supreme Court Rules,” published in the Daily Journal.

COLUMBIA, SC (June 26, 2018) – Fisher Phillips announced Sheila M. Willis, a labor and employment attorney in the firm’s Columbia office has been named to the list of 2018 Women of Influence by the Columbia Regional Business Report, and she will also receive the On the Rise – Top 40 Young Lawyers Award from the American Bar Association (ABA) Young Lawyers Division.

Dallas, Texas (June 25, 2018) – Michael V. Abcarian, managing partner of the Denver office, has been elected as a new Fellow in The College of Labor and Employment Lawyers. Election as a Fellow is the highest recognition by an attorney’s colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence.

Two Fisher Phillips attorneys were quoted in the HR Drive article “Internal Investigations, Part 1: Conducting a Good Faith Review.” Whenever an employee files a complaint, the organization should conduct an internal investigation. An investigation is necessary because what may start out small can lead to a multimillion-dollar jury verdict if one fails to act.