Fisher Phillips in the News Archive

New Jersey (March 21, 2019) – Fisher Phillips announces the addition of Holly Wintermute as an associate in its New Jersey office.

Denver (March 20, 2019) – Fisher Phillips announces that LaLonnie Gray has joined the firm as an associate in the Denver office.

For Law.com’s “How I Made Partner” series, Chicago partner Jessica Causgrove reflects on her path to partnership at Fisher Phillips. ”

The 3rd Circuit Court of Appeals heard opening arguments over a law passed in 2017 that prohibits employers in Philadelphia from asking a prospective employee about his or her salary history.

In response to a workplace violence case watched closely by the business community and workplace safety groups, Atlanta partner and president of Fisher Phillips Safety Solutions, Ed Foulke, explained why the case hinged upon the “general duty” clause of the OSHA Act to Law.com. 

A federal appeals court rejected the National Labor Relations Board’s “subgroup majority status rule” for determining when college and university faculty members are deemed managers and therefore excluded from coverage under the National Labor Relations Act. I

The Department of Labor’s proposed new overtime rule has the potential to make about 1 million more U.S. employees eligible for overtime. In an interview with the Kansas City Business Journal, Kansas City Managing Partner Jim Holland advised employers to closely watch the proposal to avoid running into expensive legal troubles

The Department of Labor revealed its long-awaited proposal to expand access to overtime for an estimated 1 million workers. To address the impact on employers, Atlanta attorney Marty Heller spoke with The Associated Press for an article that was picked up by The Washington Post, The New York Times, ABC News and other national and local media outlets.

In a surprise move, a federal court struck down a rule that freed employers from reporting their pay data. Cheryl Behymer and Cheryl Pinarchick, co-chairs of the firm’s national Pay Equity practice, spoke with reporters at NPR, SHRM, HR Executive, The National Law Journal and Law360 about what the ruling means for pay equity compliance.

The Department of Labor recently released its overtime proposal which increases the salary-level threshold for white-collar exemptions to $35,308 per year from $23,660. In an interview with SHRM, David Klass explores how employers may react to these changes, including reclassifying employees. 

In a Tampa Bay Business Journal article regarding the abrupt closure of a large medical facility in the Bay area, Fisher Phillips attorney Brett Owens is interviewed on the use of the Federal Worker Adjustment and Retraining Notification Act (WARN). 

In an interview with NPR's Morning Edition, Philadelphia partner Lori Armstrong Halber discusses the growing momentum in state legislatures for paid family leave.

LOS ANGELES (March 4, 2019) – A partner in the Los Angeles office of the national labor and employment law firm Fisher Phillips has been selected by the Leadership Council on Legal Diversity (LCLD) to be a member of the 2019 class of Fellows. Sarina Saluja has been with the firm since 2014 and represents employers in various aspects of labor and employment law.

The New York State Department of Labor just announced that it has dropped its efforts to institute new regulations aimed at providing employees with predictive scheduling statewide, or compensating them for last-minute schedule changes. What do employers need to know about this announcement?

Colorado’s lawmakers are considering a bill that would allow the state’s cities and counties to set their own minimum wage rates. If it passes, cities and counties would have to pass their own ordinances if they want their minimum wage rates to exceed the state’s.

In the Daily Journal article “Could a 3rd Category of Worker Resolve Flexibility Versus Benefits Disputes?,” Los Angeles Managing Partner Todd Scherwin discusses a study that proposed a third category of workers called “independent worker.” According to the study, the theoretical independent worker would gain the ability to collectively bargain and participate in tax withholdings and workers’ comp while surrendering wage and hour protections.

Irvine Partner Colin P. Calvert is quoted in the Daily Journal article “9th Circuit says Janus doesn’t make exclusive bargaining unconstitutional,” discussing the court’s application of the U.S. Supreme Court’s Janus decision beyond mandatory union fees to exclusive bargaining provisions.

TAMPA (February 27, 2019) – Fisher Phillips announces the addition of LaKisha M. Kinsey-Sallis in its Tampa office.

The frequently used phrase “the customer is always right” can land employers in hot water if they fail to protect employees from harassment by customers. Putting policies in place that protect workers from mistreatment by fellow employees is a no-brainer for any employer, but companies in industries that see a lot of customer interaction also need to account for potential harassment from guests, or other clients, Atlanta partner Andria Ryan told Law360.

Law.com and Human Resource Executive featured legal analysis from Fisher Phillips in stories regarding a surprising development in Yovino vs. Rizo, a case that considers whether employers can use past salary history to justify paying men and women differently. 

In reaction to the growing #MeToo movement, New Jersey may soon join states like New York, California and Washington in prohibiting non-disclosure agreements in workplace sexual harassment and discrimination cases.

For HR Dive’s Back to Basics column, Atlanta partner Matt Simpson spoke with reporters on what employers need to know about the Fair Credit Reporting Act (FCRA). The FCRA sets standards for employers when conducting background checks during the hiring process, and while it’s not terribly difficult for employers to comply with the FCRA, there are still common mistakes that can put employers at risk.

PHOENIX (Feb. 25, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Lori A. Guner as an associate in its Phoenix office.

SAN FRANCISCO (February 22, 2019) – Fisher Phillips  announces the addition of Alyssa Graf as an associate in its San Francisco office.

A recent court case has attorneys calling into question whether rumors can rise to the level of sexual harassment and whether the #MeToo era is causing courts to view rumors more seriously.

In an interview with SHRM about providing inclusive workplaces for LGBTQ workers, Jacklyn Wrigley talks about the challenges of complying with various state and local laws, as well as interpreting conflicting federal law.

Quoted in the Daily Journal article “Bystander training can reduce or increase legal challenges,” San Diego Associate Megan Walker discusses the importance of bystander training in the workplace.

Employers are expressing surprise that the Department of Labor (DOL) shares information about their investigations with private attorneys suing the companies the DOL is investigating.

The #MeToo movement exposed the pervasiveness of sexual harassment in the workplace, but how has technology evolved to help solve this age-old problem? Today, there is an app for that. In an interview with Fast Company, Columbia attorney Shelia Willis explained, “The #MeToo movement and social consciousness around harassment has really changed the conversation in the workplace.”

On Feb. 5, 2019, the Florida Supreme Court blocked a Miami Beach law that would have raised the minimum wage in the city, ending a lengthy battle over whether cities could set their own minimum wages.

The federal government published its final rule amending the regulations that will govern petitions filed under the H-1B work visa lottery. But what impact will this rule change have on employers?

The extreme cold brought on by the Polar Vortex that covered much of the United States in January 2019 led to reports of deaths and injuries. So how do companies who operate outdoors ensure their employees are safe and their practices are in compliance with OSHA standards?

Recent surveys show that working women with children believe they have to do more to climb the corporate ladder and many are fearful of telling their employers they are pregnant.

Studies are increasingly showing that employees will conveniently catch a cold the day after the Super Bowl. SHRM asked Boston attorney Josh Nadreau how employers should hand employees playing hooky when Monday rolls around.

Employers that are required to comply with the new Occupational Safety and Health Administration (OSHA) reporting rule must now post a summary of injury and illness data in their workplaces.

Businesses are increasing their use of technology that incorporates workers’ biometric information, but the collection and use of this information could land employers in court.

Are employers giving employees who quit or are laid off accrued vacation time? Fisher Phillips attorney, Melissa Osipoff, told the Washington Post that it depends on the generosity of the employer

IRVINE (Jan. 28, 2019) – Fisher Phillips announces the addition of Wendy Baker as Of Counsel in its Irvine office.

Los Angeles Partner Kristen J. Nesbit has been recognized in the Los Angeles Business Journal’s “Most Influential Minority Attorneys” awards. Kristen was one of 62 Los Angeles attorneys honored in the award series and one of nine employment attorneys recognized.

With the change in power at the U.S. House of Representatives, will the Democrats push more worker-friendly legislation? That is the question that HR Executive posed to Sacramento attorney Ben Ebbink.

It was well known in the intellectual property world that federal trade secrets litigation was on the rise. But this year, practitioners found out how much that increase was. In a published interview with Law Week Colorado, Denver Managing Partner Mike Greco said, “Companies are becoming more and more sophisticated in terms of protecting their trade secrets and becoming more proactive about it.”

The Genetic Information Nondiscrimination Act (GINA), designed to prohibit employers from discriminating against people who might have costly conditions, may cause confusion for employers. In an interview with HR Dive, Ted Boehm explains that the law also prohibits employers from requesting genetic information from their employees, but oftentimes “this kind of thing happens frequently when an employer has to verify medical information for an FMLA or accommodation request.”

The #MeToo movement could cause a backlash that results in companies resisting hiring women or men avoiding women in the workplace.

Workplace romances are relatively commonplace, according to a recent Career Builder survey.

The National Labor Relations Board (NLRB), a federal agency that helps set the direction for the broader policy of U.S. labor law, has issued a number of decisions that challenge long-standing NLRB precedent. In a contributed article for Fast Casual, Steve Miller details what the change in NLRB precedent means for restaurant employers and workers. 

Some federal employees furloughed as part of the government shutdown are being required to continue working without compensation. In an interview with KMBZ-FM, Kansas City Managing Partner Jim Holland explains that this practice violates the Fair Labor Standards Act.

Fisher Phillips has launched a new company called Fisher Phillips Safety Solutions, a workplace safety and health consulting firm that assists clients with developing and implementing state-of-the-art safety risk management systems with the goal of achieving ISO 45001 certification. The new ISO 45001 Safety Standard is designed to help organizations reduce work-related accidents or diseases and was developed by the International Organization for Standardization (ISO), the organization behind other well-known standards such as ISO 9001 for quality management.

LOS ANGELES (January 22, 2019) – Fisher Phillips announces the addition of Suzy E. Lee as an associate in its Los Angeles office.

With Winter in full swing, many employers in the U.S. find themselves in the path of apocalyptic snow storms that may disrupt workplace operations. In an interview with NJ 101.5, Kathleen Caminiti walks through employer and employee obligations during inclement weather, including what happens if a state of emergency is declared, whether employees get paid if the workplace closes early and what happens if employees can’t physically make it to the office.