Fisher Phillips in the News

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.

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.

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. 

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.

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. 

Violence is now the third-leading cause of workplace fatalities, according to the Bureau of Labor Statistics. In a Memphis Business Journal article, attorney Greg Grisham recommends steps employers can take to prevent violence in their workplaces, including adopting and enforcing “zero-tolerance” policies, conducting regular employee training, prohibiting weapons on premises and reporting actual and threatened violence to law enforcement.

Tracy Moon, a partner in the Workplace Safety and Catastrophe Management practice in Atlanta, was the recipient of The Silver Shovel Award by the Greater Hall Chamber of Commerce. The award is presented annually to outstanding individuals who serve the Chamber and promote its action plan, initiatives, goals and mission. 

Unemployment is at record lows and retailers are turning to unconventional talent pools to help meet holiday hiring demands.

The US Bureau of Labor Statistics (BLS) issued its 2018 nonfatal workplace injury report on November 7, 2019. The report noted that there were 2.8 million nonfatal workplace injuries and illnesses documented by private industry employers in 2018 with the retail industry as the only sector to record a year-over-year increase in its injury and illness rate. 

For its roundup of recent cases and new laws that impact the hospitality industry, Restaurant Hospitality turned to Hagood Tighe, co-chair of the firm’s Wage and Hour practice for insight on the DOL’s proposed rule that would allow employers to offer bonuses or other incentive-based pay to workers whose hours vary week to week.

Combustible dust explosions are a hazard in nearly every industry, and when they occur they often result in costly litigation for the company. In an interview with Powder & Bulk Solids, attorney Howard Mavity noted that an explosion and resulting litigation “can totally destroy a company’s culture and morale.”

A union that won an election to represent a group of Boeing mechanics has sued the NLRB, claiming the board’s decision to block the workers from organizing separately from others on the 787 Dreamliner assembly line violated federal labor law.

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.

A San Francisco-based software startup publicly announced that it would no longer hire people living in Russia and China because of those countries’ ties to major data security breaches.

Denver’s Regional Managing Partner, Michael Greco, talked to BuisnessDen.com about the firm’s plan to double its footprint with a move to new office space in the city’s Central Business District.

As everyone knows all too well, natural disasters can strike any time, any place. But as a business owner, what should you do to protect your employees and to comply with the law? In a live interview with WXXV-TV, Steve Cupp shared tips on storm preparedness that every company should use to protect itself and its employers from the impending storm and any legal trouble. 

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.

On September 24, 2019 the Department of Labor announced a final rule raising the earnings threshold for exempt executive, administrative and professional employees. Although the threshold levels changed, the salary test and the duties test that determine whether an employee qualifies for the exemption remain the same. Cleveland attorney Jim Patrick, quoted in an Akron Legal News article, reminded employers that the duties employees perform, rather than their job titles, determine exempt status.

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.