Fisher Phillips in the News

Wage and hour regulations in New Jersey are among the toughest in the nation, and the pandemic has increased the potential that employers could inadvertently violate the rules. In the latest episode of the IssuesWatch Podcast, Kathleen Caminiti, Esq., a wage and hour expert with Fisher Phillips, explains the five major areas all employers need to be aware of in order to avoid making expensive mistakes.

In an interview with Law Week Colorado, Kristin White discusses how a majority of the state’s employers plan to let their employees work from home after pandemic restrictions are lifted.

In a column published by Forbes, Rhett Buttle explores how America’s small business owners can encourage their employees to take the COVID-19 vaccine. According to Rhett, over 92 million people generate their livelihoods from small businesses as either an owner or an employee, representing more than on quarter of the U.S. population.

NEW YORK (February 24, 2021) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the addition of Amanda Blair as an associate in the firm’s New York office.

Fisher Phillips Wage and Hour Practice Group presents Wage and Hour Wednesdays Podcast. Our host is co-chair of the firm’s wage and hour practice, Hagood Tighe. He joins attorneys Jay Glunt and Ben Dudek who discuss the status of the current law and how to properly set up independent contractor relationships and avoid misclassification problems.

In an interview with SHRM, Kevin Troutman explains that managers are likely the first people workers will go to with concerns or questions about the vaccine.

ATLANTA (February 22, 2021) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the addition of Katharine Finley as an associate in the firm’s Atlanta office, expanding the firm’s Employee Benefits capabilities in the Southeast.

In a Q&A interview published on Law.com, Emily Litzinger discusses her path to partnership and describes the surprises, influences, and keys to her success along the way.

In an interview with SHRM, Usama Kahf explains the amendments made to the California Consumer Privacy Act (CCPA) and what employers need to know about their impact on the workplace.

In an interview with Law360, Lisa Vickery discusses how the National Labor Relations Board (NLRB) under the Biden administration is expected to take a more aggressive approach toward nonunion employers and workers.

Christina Michael spoke with Beer & Brewing News about developing anti-harassment, anti-discrimination, and anti-retaliation policies and systems for breweries.

In an interview with Newsday, Seth Kaufman shares insight on employer responsibilities when it comes to distributing postings and notices electronically to remote workers. Federally mandated postings are required to be physically placed in high-traffic areas like breakrooms, but with many employees now working off-site, remote workers still need to have access to them.

Employers that received PPP loans through the program in 2020 may be eligible for a second loan if they meet certain criteria. SHRM spoke with Patrick Dennison for insight on what employers need to know about the eligibility requirements, loan forgiveness and common mistakes employers are making.

IRVINE, LOS ANGELES, SAN FRANCISCO (February 15, 2021) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the addition of five attorneys across California. The firm welcomes Andrew Saxon, of counsel, and Albert Lin, associate, in Irvine; Krystle Meyer and Christina Vier as associates in Los Angeles; and Megan Clark, associate, in San Francisco. The new attorneys expand Fisher Phillips’ rapidly growing California Employment Litigation practice.

Ben Ebbink spoke with Law360 regarding Julie Su’s nomination to deputy secretary of labor. Su was previously secretary of the California Labor and Workforce Development Agency and held the position of Labor Commissioner of California.

In an article for SHRM, Ralph Hua discusses how the U.S. Citizenship and Immigration Services (USCIS) rescinded a Trump-era memo which allowed for greater discretion to request additional proof that entry-level computer programming jobs qualify as a “specialty occupation” for H-1B visa purposes.

COLUMBIA, SC (February 8, 2021) – Fisher Phillips has secured a resounding victory for client Fluor Corporation in one of the largest WARN Act cases in the U.S. On January 6, South Carolina U.S. District Court Judge J. Michelle Childs ruled that the firm’s client was not liable for claims alleged in the WARN Act class action involving nearly 4,000 employees and dismissed the case with prejudice.  Fluor is a global engineering, procurement, fabrication, construction and maintenance company.

In an interview with Nation’s Restaurant News, Matthew Korn weighs in on the pros and cons of federal legislation that would double the minimum wage over the next five years. Matt explains that applying the same $15 rate around the country does not account for various living situations.

In an interview with Law360, Steve Roppolo discusses the impact the Texas weather crisis has had on employers across the state while offering up some tips for how these employers can best weather the storm.

Fisher Phillips released the results of its first Flash Survey on COVID-19 Vaccine Considerations, which captured over 700 employer responses to questions about the COVID-19 vaccine in their workplaces. The findings show that a majority of employers are choosing not to mandate the vaccine in their workplaces but are encouraging their employees to receive the vaccine.

ATLANTA (February 3, 2021) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, has released the results of its first Flash Survey on COVID-19 Vaccine Considerations, which captures over 700 employer responses to questions about the COVID-19 vaccine in their workplaces. The findings of the survey show that 64% of employers are not considering mandating the vaccine, 27% are unsure and 9% are considering mandating their employees take the vaccine. The survey also found that the overwhelming majority - 78% - of employers are encouraging their employees to take the vaccine and many of them are still weighing their options on offering incentives to employees to take the vaccine. A detailed and downloadable infographic of the findings is available here.

Fisher Phillips recently announced the addition of Brian Balonick as Regional Managing Partner of the firm’s Pittsburgh office. Upon his arrival Law360, The Legal Intelligencer, and the Pittsburgh Business Journal spoke with Brian about what attracted him to Fisher Phillips

The American City Business Journals takes an in-depth look at downtown business landscapes across the country amid the COVID-19 pandemic. In the article, Chris Stief is interviewed about the firm’s office move from Randor, PA to Philadelphia’s vibrant City Center.

Sheila Willis spoke with Federal Computer Week about the role Marty Walsh will play in federal workplaces and federal contracting. As the incoming labor secretary, Walsh will oversee the Office of Federal Contract Compliance Programs and lead enforcement of prevailing wage laws and anti-discrimination policies for federal contractors.

PITTSBURGH (February 2, 2021) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, announces the arrival of Brian Balonick as a partner in the firm’s Pittsburgh office where he will become the Regional Managing Partner for the office. Brian joins as the firm continues to grow in key markets across Pennsylvania. In Pittsburgh, the firm recently added James Glunt as partner and Raeann Burgo and Erica Wilson as of counsel and associate, respectively. Karen Odash and Stephanie Robin recently joined the firm’s Philadelphia office as first-year associates.

In an interview with the Houston Chronicle, Joe Gagnon discusses recent efforts to shield Texas businesses from COVID-19 lawsuits with a push for legislation that would limit coronavirus-related litigation. Joe describes the hurdles that exist in pursuing a COVID-related lawsuit, and he explains that “to prevail under current laws, plaintiffs must prove not only that the business failed to take adequate precautions, but also that the careless conduct was the actual source of infection or injury.”

Rick Grimaldi recently spoke with HR Simple on the genesis of his new book “Flex: A Leader’s Guide to Staying Nimble and Mastering Transformative Change in the Workplace” and how employers can leverage its content to adapt to the new normal in American workplaces today.

Employers across the country are weighing their legal options of whether to mandate the COVID-19 vaccine in their workplaces. Kevin Troutman, co-chair of Fisher Phillips’ Healthcare practice, spoke with Cheddar on whether employers can mandate their workforce to get inoculated.

In an interview with SHRM, Todd Logsdon discusses the Occupational Safety and Health Administration’s (OSHA’s) latest worker safety guidance for coronavirus protection programs. He explains that “[a] stronger focus on face coverings is among the most notable differences between this guidance and prior guidance from OSHA and the Centers for Disease Control and Prevention (CDC).”

Rina Grassotti recently spoke with The Chronicle of Higher Education on federal guidance for campus policies that could change or remain the same under the Biden administration. The article touches on Title IX guidelines, immigration policies and new guidance on the Clery Act, a 1990 law requiring tracking and reporting of crimes on campus.

In an interview with Louisville Business First, Emily Litzinger weighs-in on whether employers can – and should – mandate the COVID-19 vaccine for their employees. In the article, Emily recommends that employers tread lightly and consider encouraging their employees to get the vaccine rather than mandating it.

In an interview with The Washington Post, Jeff Smith discusses how some employers are offering up incentives to encourage their employees to get the COVID-19 vaccine. Earlier this month, the EEOC issued a proposed rule expressly permitting only de minimis incentives as passing muster under participatory wellness programs.

ATLANTA (January 28, 2021) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, is proud to announce that it has earned the designation as a “Best Place to Work for LGBTQ Equality” after achieving a perfect 100% score on the 2021 Corporate Equality Index (CEI). The CEI is the nation’s foremost benchmarking survey and report measuring corporate policies and practices related to LGBTQ workplace equality as conducted by the Human Rights Campaign Foundation (HRCF).

Anet Drapalski, partner in Fisher Phillips’ Los Angeles office, was recognized among the Los Angeles Business Journal’s 2021 Minority Leaders of Influence: Attorneys edition. Honorees are recognized for their unwavering contributions to the local business and legal communities, service as trusted advisors to clients, and their commitment to maintaining the highest professional and ethical standards.

In an interview with North Carolina Lawyers Weekly, Travis Vance discusses how the COVID-19 pandemic has impacted the workplace, including how it has changed the way employers approach hazards in the workplace, legal issues surrounding remote work and how the legal industry may be changed forever.

In interviews with the Pittsburgh Post-Gazette, Arthur Wolfson provides insight into whether employers can legally require their employees to receive the COVID-19 vaccine. Based on the latest federal guidance, employers have some flexibility in determining whether to require the COVID-19 vaccine, recommend it, incentivize it or simply do nothing.

In an interview with Law Week Colorado, Kristin White discusses some of the big changes that employers should expect at the Occupational Safety and Health Administration (OSHA) under the Biden administration. The article predicts that OSHA will have “more inspectors, a bigger budget and will issue new standards handling the pandemic.”

ATLANTA (January 21, 2021) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, is pleased to announce the firm has been named a 2020 Gold Standard Certification recipient from The Women in Law Empowerment Forum (WILEF).

In an interview with SHRM, David Amaya provides insight into the top workplace compliance and employee relations matters that might keep employers up at night in 2021. David says that litigation that is a direct result of the COVID-19 pandemic will continue in 2021.

In an interview with Law360, Cheryl Behymer shares insight on what Jenny Yang, the new leader of the DOL’s Office of Federal Contract Compliance Programs, may focus on during her tenure.

Hannah Sweiss recently spoke with Bisnow on how employers are grappling with the legal issues with bringing their employees back to the office in California. Cal/OSHA’s emergency temporary standard, among other things, imposes some additional requirements on employers, including specifying what must be included in the employer’s written COVID-19 prevention program, social distancing and face-covering requirements.

In an interview with Business Insurance, David Klass discusses what employers might expect under President Biden’s nominee to head the U.S. Department of Labor. On January 7, 2021, Biden nominated Boston Mayor Marty Walsh to be the next Secretary of Labor, and David noted that Walsh is a “consensus builder” who has a “history of working with multiple stakeholders.”

In an interview with SHRM, Kevin Troutman discusses whether employers who are mandating or encouraging the COVID-19 vaccine can be held liable for employees’ adverse reactions. Kevin explains that employers that mandate or encourage employees to get vaccinated will likely partner with a health care provider or other authorized entity making it “unlikely that the employer itself would have administered the vaccine in the first place.”

Politico turned to Steven Bernstein, co-chair of Fisher Phillips’ Labor Relations practice, for insight into updates at the NLRB under the Biden administration. The dismissal of NRLB general counsel raised legal questions because his removal took place before the end of his term. Steve says the former general counsel may have an avenue to challenge his firing because the NLRA states that the president may remove any member of the board for “neglect of duty or malfeasance in office.”

In an interview with Law360, Ray Perez discusses how the Biden administration’s policy changes will impact general counsel at companies across the nation. He explains that regulations are likely to morph under President Biden, and he encourages general counsel to give thought to how their companies should react to changes related to the pandemic with a focus on COVID-19 vaccine guidance.

Employers are bracing themselves for a wave of policy actions on the wage and hour front as Joe Biden takes office. In an interview with Law360, Hagood Tighe, co-chair of Fisher Phillips’ Wage and Hour practice, takes a look at employers’ top wage and hour priorities as the White House changes hands.

In an interview with Law360, Ann Margaret Pointer discusses the U.S. Department of Labor’s wage guideline changes to the H-2A agricultural visa program. She raises concerns about how the new rule might impact labor contractors now that it mandates costlier bonds to cover any liability incurred during the migrants’ work contract.

Terri Stewart served as a key source for the Atlanta Business Chronicle’s special report on the post-pandemic workplace issues corporate lawyers are watching in 2021. Terri explains that throughout the COVID-19 pandemic, in-house counsels’ goal has been to keep their business thriving while protecting the health and safety of their employees.

COLUMBUS, OHIO (January 14, 2021) – Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce that Teresa Hardymon has joined the firm as an associate in the Columbus office.

Law360 published an analysis on the rise in COVID-19-related employment lawsuits using Fisher Phillips’ COVID-19 Employment Litigation Tracker as a source for measuring the increase over the past 10 months.

In a bylined article published in Medical Journal Houston, Hollie Reiminger shares insights on wage and hour developments to help healthcare employers stave off the anticipated increase in federal lawsuits.

In an interview with Cleveland.com, Steve Loewengart discussed the Governor’s signature of House Bill 352, which is an overhaul of Ohio’s workplace discrimination laws to essentially bring them into alignment with federal law. 

In an interview with Law360, Randy Coffey discusses some important considerations for employers as they craft their dress code policies. Randy explains that employers should take the U.S. Supreme Court’s ruling in Bostock into account and avoid having policies that target LGBTQ workers for violating gendered appearance mandates or even imposing sex-based standards at all.

In an interview with SHRM, Mathew Parker weighs-in on the U.S. Equal Employment Opportunity Commission (EEOC’s) two new proposed rules concerning how employers can encourage employees to participate in employer-sponsored wellness programs without violating federal law.

In an interview with Bloomberg Law, Risa Boerner, chair of Fisher Phillips’ Data Security and Workplace Privacy practice, provides insight on Washington, D.C.’s newly passed near-total ban on the use of non-compete agreements.

HOUSTON (January 11, 2021) – Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce that Jacqueline Del Villar has joined the firm as an associate in the Houston office.

In an interview with HR Dive, Rick Grimaldi, partner and author of the book FLEX: A Leader’s Guide to Staying Nimble and Mastering Transformative Change in the Workplace, shares his thoughts on what workplace compliance trends employers should keep an eye on in 2021.

California recently adopted emergency standards enforced by Cal/OSHA that require employers to take stringent measures to protect their employees from COVID-19 in the workplace.

Rick Grimaldi, partner and author of the book FLEX: A Leader’s Guide to Staying Nimble and Mastering Transformative Change in the Workplace, was recently a guest on Sirius XM Radio’s Wharton Business Daily to talk about the launch of his book and explore the surprising ways the world of work is remaking itself today.

In an interview with SHRM, Kevin Troutman weighs-in on the topic of employers mandating the COVID-19 vaccine for their organizations.

In an interview with SHRM, Randy Coffey, Hagood Tighe, Cheryl Behymer, and Rick Grimaldi discuss some of the priorities at the enforcement agencies that will likely remain the same under the Biden administration.

In an interview with Bloomberg News, Melissa Camire and Chantell Foley provide key insight into trends employers are seeing with regard to COVID-related employment litigation.

Law360 featured comments from Kathleen Caminiti, co-chair of Fisher Phillips’ Wage and Hour practice, in their article on the top wage and hour developments to watch in 2021.

The Portland Business Tribune featured the insights of Kevin Troutman stemming from a webinar about COVID-19 vaccines, which was hosted by the Associated General Contractors of America.

In an article published by The Daily Report, Jennifer Sandberg was named among the newly tapped local managing partners and interviewed on how they navigated an unprecedented year.

Legislation that would ban or limit vaccine mandates has been pre-filed for 2021 sessions in several states, and in an interview with Bloomberg Law, Kevin Troutman discusses what this might mean for employers’ COVID-19 vaccination plans.

In a recent edition of New Jersey Matters, Rick Grimaldi joined the show to answer the burning question: “can employers can mandate the COVID-19 vaccine in the workplace?” He also addresses many other issues that employers are facing amid the coronavirus pandemic, including whether employers can require employees to come back to work and what to do if an employee in the workforce tests positive.

ATLANTA (December 22, 2020) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, is proud to announce the election of 17 attorneys to partnership. The new partners represent the firm’s wide-raging labor and employment service offerings, including California Litigation, Employee Defections and Trade Secrets, Global Immigration, Labor Relations, Wage and Hour, and Workplace Safety. This year’s class spans 13 offices across the country with over 40% representing a diverse cross-section of the firm.   

In an interview with the Houston Business Journal, Steve Roppolo discusses some of the legal challenges that have arisen in 2020, and he provides advice for employers on how they can address these challenges.

In an interview with SHRM, Kevin Troutman shares his insights on how administration of the COVID-19 vaccine will play out for employers across the nation.

In an interview with Business Insurance, Meghan Delaney discusses the impacts the COVID-19 pandemic is having on workers’ compensation claim progression.

Phil Bauknight recently spoke with NJ 101.5 about how employers should navigate requiring their employees to receive the COVID-19 vaccine. “Oftentimes,” he says, “employers do have the right to mandate vaccinations, generally – they just don’t.”

In an interview with Hotel News Now, Andria Ryan shares her thoughts on what the U.S. hotel industry can expect from the Biden administration with regard to workplace laws over the next four years.

In an interview with The San Francisco Chronicle, Colin Calvert explains why a recent move by California’s Attorney General should grab the attention of employers

In an interview with The Post and Courier, Stephen Mitchell explains why many businesses across South Carolina may be at risk for COVID-related employment lawsuits.

In an interview with SHRM, Josh Nadreau and Rich Meneghello provide their reactions to the oral arguments in the U.S. Supreme Court case of Henry Schein Inc. v. Archer and White Sales Inc.

Cheryl Pinarchick, Regional Managing Partner of Fisher Phillips’ Boston office, recently spoke with NECN, Boston’s NBC station, on whether employers can require their employees receive the COVID-19 vaccine.

In an interview with the San Francisco Chronicle, Kevin Troutman shares his insights on the possibility that employers might require their workers to be vaccinated against COVID-19.

In an interview with Super Lawyers, Richard Millisor discusses his charitable work with Sanyuka Children Ministries.

Construction Dive featured the insights of Bert Brannen and Kevin Troutman in its coverage of the firm’s webinar about COVID-19 vaccines, which was hosted by the Associated General Contractors of America.

In an interview with Dining Out, Todd Fredrickson discusses strategies for restaurant employers to help foster a more positive environment for their employees.

ATLANTA (December 10, 2020) – Fisher Phillips, one of the country’s preeminent labor and employment law firms representing employers, is proud to announce that three lawyers were named to BTI Consulting Group’s list of 2020 Client Service All-Stars. Brian Finucane, Todd Logsdon and J. Hagood Tighe received top honors from corporate counsel for their steadfast commitment to providing excellent client service.

In an interview with Law Week Colorado, William Mosher discusses the United States Supreme Court’s first ever case on the Computer Fraud and Abuse Act (CFAA) and what it might mean for employers moving forward.

On the WealthAbility podcast, Bob Robenalt discusses the various issues employers may face with the rollout of the COVID-19 vaccination in workplaces across the country. During the interview, Bob weighs-in on whether employers can – and should – mandate the COVID-19 vaccine for their employees.

In an interview with SHRM, Randy Coffey discusses how employers should expect the Equal Employment Opportunity Commission (EEOC) to shift its priorities to a more employee-friendly focus under President-elect Biden’s administration.

In an interview with Bloomberg Law, Ed Foulke discusses what David Michaels being named to President-elect Biden’s transition team COVID-19 task force might signal for employers.

As the COVID-19 pandemic continues, many California businesses are trying to apply existing laws to a new situation and are left with many unanswered questions. Megan Winter, co-chair of Fisher Phillips Employee Leaves practice, spoke with SHRM about how employers should manage reasonable accommodations and how to manage the uptick in COVID-related litigation claims