Fisher Phillips in the News Archive

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.

New Jersey (October 14, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Alyssa Musmanno as an associate in the firm’s New Jersey office.

James McDonald, regional managing partner of the Irvine office, told the Associated Press in an interview that employees are not guaranteed free speech in the workplace.

LOS ANGELES (October 10, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce the addition of three employment litigators in the firm’s Los Angeles office. Nicole Golob Minkow and Nicole Kamm join the firm’s California Litigation Practice as partners and Hannah Sweiss joins as an associate.

Workers at a Philadelphia media station who delivered their petition to management declaring their intent to unionize, and management’s refusal to voluntarily recognize the union, has caught the attention of labor and employment watchers and news media. 

IRVINE (Oct. 8, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the additions of Lyle Chan and Kari Gibson as associates in its Irvine office.

The 2019 Supreme Court session has officially been called to order, and Randall Coffey has been fielding questions from reporters—SHRM, Law360 and Business Insurance—about how the Court’s term will impact employers.

ATLANTA (October 7, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, today announces various office and committee leadership changes along with the appointment of partners Kathleen McLeod Caminiti and J. Hagood Tighe as co-chairs of the firm’s Wage and Hour practice group.

Effective Oct. 1, 2019 OSHA put a new weighting system in place for workplace safety and health inspections for fiscal year 2020. 

In September 2019, Denver Mayor Michael B. Hancock and Councilwoman Robin Kniech (at-large) proposed to raise the citywide minimum wage starting on Jan. 1, 2020. It is estimated that more than 100,000 Denver residents would see higher wages under this proposal. 

Forbes partnered with market research company Statista to compile the inaugural list of top U.S. corporate law firms based on survey responses from 2,500 lawyers. Fisher Phillips not only made the list but was also noted as one of the most recommended firms for Labor & Employment. 

The U.S. Department of Labor’s newly finalized overtime rule, which takes effect January 1, 2020, will make 1.3 million more white-collar American workers eligible for overtime. 

The U.S. Department of Labor (DOL) has this year issued a flurry of proposed rules and opinion letters in an apparent attempt to clarify and modernize the Fair Labor Standards Act, culminating in the late-September release of its long-awaited rule on the salary threshold for white-collar exemptions and permissible exclusions. 

With the opening of Ohio’s first medical marijuana dispensaries, the state’s employers must now be prepared to deal with a workforce that includes legal users.

The U.S. Department of Labor’s long-awaited overtime rules – the agency’s first salary exemption increase since 2004 – bumped the salary threshold for exempt employees from $455 per week to $684 per week, or $35,568 per year. Announced the week of September 23, 2019, the new rules take effect January 1, 2020.

In its final rule on overtime pay, the US Department of Labor raised the salary threshold for highly compensated employees. In an interview with SHRM, Kathleen Caminiti, co-chair of the firm’s Wage and Hour practice, explained that a duties test remains for high-compensated employees, though it’s not as exacting as the test for executive, administrative and professional exemptions. 

The US Department of Labor finalized its much-anticipated overtime rule, making an estimated 1.3 million more American workers eligible for time-and-a-half pay. The final rule allows employers to use nondiscretionary bonuses and incentive payments, including commissions, that are paid at least annually to satisfy up to 10% of the salary level. 

BOSTON, (September 23, 2019) – Fisher Phillips, a national labor and employment law firm representing employers, announces the addition of Jennifer A. Scully as an associate in the firm’s Boston office.

The NLRB has announced its intention of rewriting the definition of “employee” to prevent graduate and undergraduate students at higher education institutions from forming unions.