Fisher Phillips in the News Archive

In the Daily Journal article titled “Appellate court ruling sides with worker who accuses employer of misclassification,” San Francisco Regional Managing Partner Jason A. Geller discusses the recent appellate decision in Garcia v. Border Transportation Group, LLC, where the issue of worker classification took center stage. The appellate court determined that the company did not satisfy the third prong of the ABC test that was established in the California Supreme Court decision Dynamex Operations West v. Superior Court.

In a recent story by The Associated Press Atlanta attorney Lorie Maring provided guidance for businesses that want to buy healthcare insurance from an association.

In the Material Handling & Logistics article “DOL Plans to Tackle Overtime and Joint Employer Issues in 2019,” Rich Meneghello comments on the proposed rulemaking opened by the National Labor Relations Board to re-establish the joint employer standard that existed before the Obama administration.

The 11th U.S. Circuit Court of Appeals earlier this month sided with a Georgia chicken plant in a ruling regarding workplace safety inspections. The company had resisted when, during an OSHA investigation into a worker injury at the poultry plant, the federal agency attempted to expand its inspection into other hazards.

NEW JERSEY (October 18, 2018) – Fisher Phillips today announces the addition of employment attorney Eric Baginski, who joins as an Associate in the New Jersey office.

 Employers with policies that state employees aren’t allowed to discuss being disciplined with their co-workers could find themselves running afoul of the National Labor Relations Act.

 SAN DIEGO (Oct. 17, 2018) – Fisher Phillips announces the addition of Robert D. Wilson III as a partner in its San Diego office.

New York (October 17, 2018) – Fisher Phillips New York partner Melissa Osipoff appeared on the Emmy award-winning television program “Sexual Harassment in the #MeToo/Weinstein Era” produced by The American Law Journal. The program received an Emmy on October 13, 2018 for Best Interview/Discussion Program at the 36th annual gala of the National Academy of Television Arts & Sciences, Mid-Atlantic region.

IRVINE (Oct. 17, 2018) – Fisher Phillips announces the addition of Tyler Woods as a partner in its Irvine office.

In the Business Insurance article “California seeks to take up mantle on workplace from OSHA,” Howard Mavity, co-chair of Fisher Phillips Workplace Safety and Catastrophe Management Practice comments on the California Volks rule, an OSHA rule that is aimed to clarify whether employers have a continuing obligation to make and maintain an accurate record of each recordable injury and illness for five years.

The #MeToo movement isn’t only having an effect on company leadership or morale; early data from the Equal Employment Opportunity Commission shows that sexual harassment lawsuits jumped more than 50 percent in 2018. 

SAN FRANCISCO (Oct. 16, 2018) – Fisher Phillips announces the addition of Anthony E. Guzman as an associate in its San Francisco office.

In the Daily Journal article titled “EEOC increased harassment charges, recoveries last year,” Los Angeles Partner Cheryl L. Schreck discusses the Equal Employment Opportunity Commission’s sexual harassment report. The report details significant increases in harassment charges by the EEOC in the past fiscal year, likely driven in part by the #MeToo movement. Cheryl says the “EEOC has made this kind of a super-priority.”

Memphis, Tenn. (Oct. 5, 2018) – Fisher Phillips, a national labor and employment law firm representing employers, announces that J. Gregory Grisham has joined its Memphis office as Of Counsel.

FORT LAUDERDALE (October 5, 2018) – Fisher Phillips today announces the addition of employment attorney Michael Holt, who joins as Of Counsel in the Fort Lauderdale office. 

In a recent interview with Law.com, California attorney Ben Ebbink explained that protecting workers from sexual harassment was the impetus behind a new flurry of laws passed in California.

Business Insurance quoted Tampa partner Steve Bernstein in two articles recently about the changes ahead, both positive and negative for employers, to the Joint Employer Standard. “The rule of reason is likely to be interjected in the joint employment standard,” he said, speaking to the National Labor Relations Board’s proposal to change the rule.

The 2018-2019 Supreme Court session has officially begun. In a snapshot of the key cases on the Court’s docket, Katherine Sandberg of Fisher Phillips told SHRM that reverberations from the #MeToo movement and the Supreme Court’s ruling in Epic Systems Corp. v. Lewis last session means that arbitration cases will take center stage on the court’s agenda.

Katherine Sandberg is quoted in the Daily Journal article “Age Bias And Arbitration On Deck At The High Court,” where she discusses the upcoming U.S. Supreme Court arguments in Oliveira v. New Prime Inc. The case hinges on whether the Federal Arbitration Act exempts independent contractors and whether that question should be answered by a court or an arbitrator.

In the SHRM article “Uber Drivers Must Individually Arbitrate Misclassification Claims,” Portland Partner Rich Meneghello discusses the Ninth Circuit’s decision to allow Uber to force drivers who signed arbitration agreements to bring their employment-related claims individually in arbitration rather than as a class action.

Amid client requests, more law firms over the past year have added diversity and inclusion professionals to their C-suite. Law360 spoke with Chief Diversity Officer, Regina Petty, for their article “More Firms Boosting Diversity Roles Amid Client Pressure,” about how an elevated role with firm management will allow diversity professionals to drive change to meet diversity and inclusion goals.

Atlanta partner Howard Mavity spoke with Material Handling & Logistics for their article “Is Zero Tolerance the Best Way to Stop Sexual Harassment?” regarding the pitfalls of taking a zero tolerance approach to workplace harassment.

Latinos comprise 29 percent of construction workers in the United States, according to the Bureau of Labor Statistics. Construction companies can create inclusive workplaces by taking three crucial steps, Houston attorney Mauro Ramirez writes in an article for Construction News. 

San Diego partner, David Amaya, was selected for inclusion by San Diego Metropolitan magazine for its 2018 class of 40 Under 40. The San Diego Metropolitan magazine 40 Under 40 awards program honors 40 individuals under the age of 40 who are making significant career achievements and have a positive impact on their communities.

The U.S. Supreme Court is on the brink of igniting the 2018-2019 session and reporters want to know if this year’s docket will prove as pivotal as last year’s. One case that employment law attorneys are watching is Altitude Express Inc. and Ray Maynard v. Zarda; Bostock v. Clayton County, Georgia, which will decide if Title VII protects the LGBTQ community against discrimination.

In the Daily Journal article titled “9th Circuit unravels class of Uber drivers suing over misclassification,” Irvine Partner John Skousen discusses the Ninth Circuit’s decision to decertify a class of Uber drivers in a lawsuit that turned on the issue of arbitration. The panel reversed the district court’s order denying Uber’s motion to compel arbitration on the basis of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which reinforced employers’ ability to compel arbitration.

SEATTLE (Sept. 25, 2018) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Ralph Hua as an associate in its Seattle office. 

On Sept. 19, California Gov. Jerry Brown signed Assembly Bill 2334 into law in an effort to make various workplace safety and health changes that will go in effect Jan. 1, 2019. The new law requires the California Division of Occupational Safety and Health to monitor federal electronic record-keeping requirements and resurrects the Volks rule, which provides for a longer statute of limitations for record retention violations.

Leading up to the EHS Safety Leadership Conference, Travis Vance spoke with EHS Today on what attendees can expect from his presentation on how to make sure an OSHA inspection process runs smoothly.

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, Denver Business Journal, 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.

In the wake of Hurricane Florence, a story surfaced regarding a restaurant employee who was fired after she failed to show up for work. She had lost her power and heeded the state’s warning to stay off the road.

In a reaction to the Trump Administration’s efforts to change OSHA record-keeping mandates, California Gov. Jerry Brown signed Assembly Bill 2334 to be effective Jan.1, 2019.

The DOL’s Office of Federal Contract Compliance Programs re-established the role of ombudsperson and clarified existing auditing policies and procedures.

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.

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.” 

(Reuters) - Autonomous vehicles may still be several years away from being approved for widespread use, but employers should begin preparing now for job losses, collective bargaining complications, and other issues that the use of driverless vehicles in the workplace will engender, according to Fisher Phillips partner Michael Greco.

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.

In an interview with EHS Daily Advisor, Tracy Moon discusses the purpose of lockout/tagout (LOTO), and how to keep your organization’s LOTO procedures and machine guarding programs compliant with OSHA standards.

In the Las Vegas Review Journal article “California ruling cuts against barbers, hair stylists,” San Diego Attorneys Amy Lessa and Megan Walker comment on the rising implications of the California Supreme Court “ABC Test” for independent contractors.

Is your website ADA compliant? A recent ruling from the Eleventh Circuit Court of Appeals stated that not only can a website be in violation when they effectively restrict access to physical locations, but can also be in violation if it impedes access to certain services. 

The Bloomberg Law article “Supreme Court Made It Easier to Nix Overtime Claims, Sometimes,”  explores the Supreme Court decision in Encino Motorcars LLC v. Navarro.

During dangerous hurricane conditions, employees who don’t report to work can be fired under North Carolina policy.

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.

In his bylined article featured in the October 2018 edition of Mortgage Compliance Magazine, Tampa attorney Brett Owens discusses the need for mortgage lenders to develop tools to identify gig workers as qualified borrowers.

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 Nation’s Restaurant News article “Get ready: Consumer Privacy Mandates are Coming,” Denver Partner Danielle Urban comments on the California Consumer Privacy Act (CCPA), a sweeping new privacy protection law that will force restaurants to keep close watch on personal information.