Fisher Phillips in the News Archive

A case in California recently saw the certification of more than 4,000 women in an alleged class action for tying workers’ pay to their prior salaries.  The development is catching the attention of both defense and plaintiffs’ attorneys as it signals the common business practice could allow some discrimination class actions to survive. Megan Winter tells Bloomberg Law that while companies have largely changed the practice of using prior salary, employers could still be vulnerable to pay equity lawsuits for decisions made years, even decades ago.

Many small businesses must rely on payroll-protection loans to keep workers on board during the coronavirus pandemic—and they need to carefully plan and track their spending if they intend to apply for loan forgiveness. SHRM turned to Patrick Dennison for insight on what employers need to keep top of mind when participating in the loan program.

The COVID-19 pandemic has upended employment and many employment laws, including rules that govern predictive scheduling. In an interview with SHRM, Jeff Csercsevits explains that “Philadelphia announced that it will not be enforcing the predictability pay portion in light of the coronavirus.” 

In an interview with SHRM, Todd Logsdon discussed the hot topic of whether employers should require their employees to wear face masks in an effort to protect themselves and their colleagues from the spread of COVID-19.

In an interview with the Denver Business Journal, partner Todd Fredrickson is one of a select group of Colorado lawyers to comment on the legal issues facing companies that are conducting layoffs dues to the pandemic.

In an interview with The Washington Post, Cynthia Blevins Doll comments on the ligation that will likely stem from the novel coronavirus.

As employers reopen their worksites they are likely to get an influx of telecommuting requests from employees. In an interview with SHRM, partner Jeffrey Smith discussed the importance of employers having a remote-work policy in place to help them follow consistent criteria when deciding whether to grant the requests.

Letitia Silas, a partner in Fisher Phillips’ Labor Relations practice, recently spoke with reporters at Inside Higher Ed on how university management should work with faculty members who might be concerned about their health and safety if they are expected to teach in person next fall. She explains that institutions must make their decisions about the fall on a case-by-case basis, taking faculty concerns -- including those about accommodations for disabilities and equal employment law -- into account.

A new class lawsuit in New York alleges an employer excluded workers with certain types of criminal records from employment, which conflicts with the state and city’s human rights laws. Seth Kaufman recently spoke with Bloomberg Law, explaining that the allegations show the importance for New York employers to draft hiring policies that comply with state and city law.

In an interview with Law Week Colorado, Jocelyn Campanaro explained that the “coronavirus has just added to the intensity of what has for years been ‘a really tough time in immigration.’”

Fisher Phillips, a national labor and employment law firm representing employers, has earned notable recognition in the 2020 edition of Chambers USA. The firm was again ranked as one of the top Labor and Employment law firms in the country, earned rankings for Labor and Employment Law in 14 states, and 38 attorneys from across the country earned individual rankings as leading practitioners.

Jim McDonald, Managing Partner of Fisher Phillips’ Irvine office, recently added Amazon Best-Selling Author to his bio as his book “California Employment Law: An Employer's Guide,” became the #1 book under Labor Law on Amazon.com. Written especially for HR professionals and business people, “California Employment Law: An Employer’s Guide” is the essential resource for avoiding the many perils and pitfalls California employers face.

Businesses looking at smartphone-based tools to track their workers’ contact with people infected with coronavirus will have to walk a delicate tightrope between reopening safely and protecting employee privacy. In an interview with Bloomberg Law, Risa Boerner, Chair of Fisher Phillips’ Data Security and Workplace Privacy practice shares best practices for employers implementing this technology.

Hagood Tighe, co-chair of Fisher Phillips’ Wage and Hour practice, recently spoke with the Associated Press on what small and mid-size employers need to consider when bringing employees back to the workplace. While employee safety is a priority as businesses rehire laid-off employees and get back to work and many owners realize that supplying masks and gloves won’t be enough.

In an interview with Law360, partner Bob Yonowitz explained that it is not too late for companies to take safeguards and strengthen their legal footing to protect themselves and their prized trade secrets.

In an interview with New Orleans City Business, Ed Harold shares the most frequent questions that he has been fielding from clients over the past six weeks of the pandemic.

In an interview with Money.com, Bob Robenalt discusses unemployment considerations as employees decide whether to return to work amid remaining concerns about the COVID-19 pandemic.

Employers are exploring the idea of using Paycheck Protection Program (PPP) loan money for employee bonuses, but in an interview with Louisville Business First, Todd Logsdon explains that this may not be the best idea.

For their three-part series that explores strategies and techniques restaurants should consider before and after they reopen amid COVID-19, Restaurant Dive spoke with Alden Parker for insight on steps employers should take before bringing back staff and practices they can use to keep customers safe.

Fisher Phillips, a national labor and employment law firm representing employers, is pleased to announce that it was the most active firm for trade secret litigation in 2019. The results were released in a data-driven report published by Lex Machina on April 21, 2020.

The Los Angeles Business Journal honored 68 women in its annual Top Women Attorneys listing, and among them is Sarina Saluja, a partner in Fisher Phillips’ Los Angeles office. The distinguished list highlights the best and brightest across Los Angeles for their exceptional legal skills and achievements across the spectrum of responsibility, including exemplary leadership, ethical standards, and contributions to the Los Angeles community at large.

Stephen Mitchell recently spoke with Columbia Regional Business Report on how keeping up with the legal issues – from unemployment questions to sick leave considerations – that the COVID-19 pandemic has created for businesses is presenting a near-daily challenge for law firms. “It’s all happening quickly,” he said. “Fortunately, Fisher Phillips has a dedicated COVID-19 task force that’s looking at the changing legislation and guidance as it comes out.”

In an interview with Inc., Travis Vance explains that employers must handle post-pandemic opening plans carefully to avoid legal claims related to COVID-19.

The U.S. Equal Employment Opportunity Commission has officially sanctioned employer use of COVID-19 testing, but its updated guidance on the issue raises several unanswered questions. In an interview with Business Insurance, Hagood Tighe, Co-Chair of Fisher Phillips’ Wage and Hour practice, says the guidance leaves many, many unanswered questions, including, “how are we going to conduct the tests?”

In an interview with Kaiser Health News, Edwin Foulke draws from his experience running OSHA during part of President George W. Bush’s administration to comment on the agency’s present-day response to the COVID-19 pandemic.

In an interview with The Washington Post, Travis Vance discusses some things employers should be thinking about as they envision their post-pandemic arrangements.

In an interview with The HR Digest, Howard Mavity provides guidance for employers trying to determine what is and what is not permissible in the workplace during the COVID-19 public health crisis.

The Fisher Phillips Post-Pandemic Strategy group, comprised of a cross-disciplinary team of workplace attorneys, has assembled a comprehensive set of FAQs to help employers navigate and plan for getting back to full strength.

In an interview with the Northern California Record, Travis Vance explains that the CDC guidance will be the best source of information for employers trying to determine if it is safe for employees to return to work.

In an interview with Law Week Colorado, Kristin White shares insight into OSHA's release of interim guidance relating to an employer's duty to determine whether a COVID-19 case is work-related.

Law360 spoke with attorneys across the U.S. who had recently made a career move amid the COVID-19. Among those attorneys was Letitia Silas, who joined Fisher Phillips’ Labor Relations and Healthcare Practices in March. She shared with Law360 that upon her arrival to the firm, and because of her experience managing the workforce at a large complex organization, she was immediately brought into the firm’s newly created COVID-19 Task Force to help clients navigate the pandemic.

In his original interview with Corporate Counsel, Howard Mavity discussed what companies were doing to prepare for workplace disruptions related to COVID-19, and now, weeks into the pandemic, he provides the publication with an update on the steps U.S. employers and in-house counsel have been taking to minimize the legal and/or financial risks to their businesses.

The Nashville Post announced that Fisher Phillips welcomed Ariel Kelly as an associate in Nashville.

Karl Lindegren, co-chair of Fisher Phillips’ California Litigation Practice Group, recently spoke with Law.com on what legal issues employers might expect post-pandemic, including an uptick in class action filings. Among the allegations employers could see are claims for denied wages, discrimination during layoffs or unsafe conditions. Karl explained, “You’ve got some very wealthy, well-established collective action lawyers who won’t be shy about taking this on.”

In an interview with EHS Today, workplace safety lawyers Travis Vance and Nicholas Hulse explain how the CDC’s updated return-to-work standards will impact employers now that workers who have survived COVID-19 are likely to start returning to the workplace.

The Office of Federal Contract Compliance Programs’ (OFCCP) temporary waiver of affirmative action requirements for coronavirus-relief contracts brought questions from industry employers. In an interview with SHRM, Cheryl Behymer explained that this waiver allows companies that may have hesitated to subject themselves to the rigorous affirmative action compliance requirements imposed on federal contractors, encouragement to provide much-needed goods or services to fight coronavirus.

In an interview with EHS Today, Travis Vance shares his insights on what employers should be doing now, including encouraging them to document proactive measures to avoid risks and urging them to follow OSHA’s guidelines on COVID-19 occupational risks especially when building their response plans.

Charles Caulkins, a partner in the firm’s Fort Lauderdale office, recently spoke with South Florida Business and Wealth about his goals for the Florida Chamber under his leadership as chairman. He explained that the state is in a unique position to work through the Chamber’s 39 specific types of goals that will help Florida remain successful for the future.

In an interview with Bloomberg Law, Todd Logsdon reminds employers that the notion of offering hazard pay should not precede the importance of employers maintaining a safe workplace.

Virginians are now protected from discrimination based on their sexual orientation and gender identity. In an interview with Bloomberg Law, David Klass explains that Virginia employers will need to prepare for an increased litigation risk, and not just because more categories of discrimination are covered under S.B. 868.

Partner Mathew Parker was recently interviewed by Columbus Business First about the impact of COVID-19 on Ohio breweries.

Employers across the country have grappled with employee privacy issues amid COVID-19. Many employers seek to ask questions about employee health as they navigate a new environment where a sick colleague isn’t just an inconvenience, but a potential threat to the company and the workforce. Jason Geller, Regional Managing Partner of Fisher Phillips’ San Francisco office, spoke with the San Francisco Chronicle about employer rights in these sticky situations.

In an interview with WDSU, partner Michelle Anderson discusses employee safety for companies that are being relied upon to provide essential goods and services during the COVID-19 pandemic.

In an interview with Bloomberg Law, Benjamin Ross discusses how some companies instituted safety changes in response to COVID-19 and are now deciding to make those safety precautions permanent.

Employers are struggling to figure out how to protect their businesses from both the virus and the legal liabilities stemming from the pandemic. In an interview with Inc., partner Travis Vance discusses the unprecedented fallout from COVID-19 noting that he has already advised between 300 and 400 businesses on their coronavirus responses strategies.

Among the many challenges companies have to navigate during the coronavirus (COVID-19) pandemic, employers and employees are dealing with changing labor laws at the state and national level. Hotel News Now reached out to Andria Ryan, co-chair of Fisher Phillips’ Hospitality Industry Team, for insight into how hospitality employers are managing issues related to furloughs and layoffs,  sick and family leave, and communicating important information to large workforces.

In an interview with the Houston Chronicle, partner Kevin Troutman comments on the economic struggles facing small business amid the coronavirus crisis.

In a recent announcement issued by Law60, Curtis Moore was named as one of only ten members of the publication’s 2020 Construction Editorial Advisory Board.

In an interview with theTexas Tribune, Teresa Valderrama compared health care workers to those in combat who come “under fire because that’s the nature of their job.”

In an interview with Bloomberg Law, Rich Meneghello explains that including gig workers in relief efforts has the potential to benefit employers.