The materials on this page have been generated from Fisher Phillips attorneys and other reliable sources to inform and address the rising concerns of employers regarding the USDOL's new rules on overtime pay. We will be updating the resource center on a regular basis.
The article “How the BeBee Social Network Aims to Get You Hired?” featured in The Philadelphia Inquirer, discusses why job-seekers now must project a personal brand through a well-curated online presence, especially for positions in highly selective fields or the "gig" economy.
In the article, “Sharpening the Whistle Blow,” featured on HR Executive Online, Partner Howard Mavity discusses how the Occupational Safety and Health Administration's efforts to increase whistleblower claims have culminated in its Whistleblowers Severe Violators Enforcement program.
- The Benefits of Mandatory Binding Arbitration Agreements With Class Action Waivers in the Gig Economy–They Are Not Just For Employees Any More10.19.16
In the article, “The Benefits of Mandatory Binding Arbitration Agreements With Class Action Waivers in the Gig Economy–They Are Not Just For Employees Any More,” featured in Business Law News, Attorneys Bob Yonowitz and Danielle Garcia explain why the distinction between an employee and an independent contractor is vital to the gig economy business model and contend that binding arbitration agreements with class action waivers may help stem the tide of litigation roiling the industry.
- Are Your Employees Still Exempt?10.17.16
In the article, “Adapting to the New Department of Labor's Final Rule,” featured in the Hotel Executive, Attorney John Mavros reviews the basics for the most common exemptions from overtime under Federal law and also provides an executive summary of the key changes made by the Final Rule.
In the article, “Friends of the Court? Grad Student Organizing,” featured in The New England Journal of Higher Education, Partner Joe Ambash examines the challenges facing private university administrators, in light of the recent decision by the National Labor Relations Board (NLRB) in the Columbia University case, granting students who serve as teaching or research assistants at private universities the right to unionize.
In the article, “The Gig Economy: What is it, and How Will it Impact the Craft Beer Industry?” featured in Oregon Beer Growler magazine, Attorney Chris Morehead provides a brief overview of the Gig Economy and examines the possible effect it will have on the craft beer industry.
In the article, “Navigating the Gig Economy,” featured in the Memphis Business Journal, Attorney Rob Ratton provides an overview of the Gig Economy and highlights some of the challenges currently facing Gig companies.
In the article, “Seven Basic Elements of Successful Training,” featured in Multi Briefs, Partner Bert Brannen provides a few of the essential elements that manager and employee training programs should include to be successful.
In the article, “A Rulebook for Handling Partisan Politics in the Workplace,” Attorney Jose Klein outlines the do's and don'ts for handling partisan politics in your office.
In the article, “The Cultural Shift of Abandoning Tips,” featured in Women Chefs & Restaurateurs (WCR), Attorneys Wendy McGuire Coats and Rochelle Nelson discuss how the service industry is experiencing a shift away from tipping, in light of both social and legal concerns surrounding the practice.
In the article, “Talking Politics at the Office,” featured in the New Jersey Law Journal, Attorney Alvaro Hasani offers employers with steps to take to make them feel more comfortable in knowing that if (but more likely when) political discussions occur at work, the risk associated with these types of discussions is minimized.
In the article, “Brewpub Wage and Hour Issues,” featured in The New Brewer, Partner Todd Frederickson discusses what brewpubs can and should do to ensure they are in compliance with U.S. Department of Labor’s new regulations slated to take effect on December 1, 2016.
In the article, “Recent FLSA Changes: Pay Now or Pay More Later – What You Can Do To Minimize Your Risk,” featured in the Municipal Lawyer, Attorneys Larry Lee and Adam Brown provide public employers with advice on how to ensure they are in compliance with the Department of Labor’s new Fair Labor Standards Act overtime rules.
In the article, “Understanding Federal Leave Regulations,” featured in Philly Biz, Partners Lori Armstrong Halber and Rick Grimaldi discuss why employers should hire attorneys to wade through complicated laws such as American with Disabilities Act (ADA), Family Medical Leave Act (FMLA) and workers’ compensation, to avoid expensive litigation.
In the article, “An Employer’s Guide to Handling Missing, Incorrect TINs,” featured in Employee Benefits News, Attorney Melissa Shimizu provides employers with guidance on how to handle mismatched and missing TINs.
In the article, “Five Steps Employers Should Take to Prevent Workplace Violence,” featured in Crain’s Cleveland Business, Attorney Scott Gedeon provides employers with five proactive measures to help minimize workplace violence and related legal risks to ensure a safe workplace for their employees, customers, vendors and the general public.
In the article, “Experts Weigh in on Transgender Student Regulations, Pt. 4,” featured in Akron Legal News, Partner Sarah Moore examines transgender student-athlete policies that educators should consider when it comes to participation in athletic programs.
In the article, “NLRB Grad Student Decision Extends Beyond Unionization,” Attorney Amy Strauss focuses on the National Labor Relations Board’s long-awaited ruling which opens the doors for graduate and undergraduate students to unionize and bargain collectively concerning wages, hours and working conditions.
In the article, “The NLRB, Franchisees, Temporary Employees: A Confusing Mess,” featured in Biz New Orleans, Partner Ed Harold examines recent National Labor Relations Board (NLRB) decisions re-evaluating hiring temporary workers for franchise retail operations.
In the article, “OSHA’s New Recordkeeping Regulation,” featured in September 2016 issue of The Goods Magazine, Attorneys Todd Logsdon and Chantell Foley provide an in-depth overview of OSHA’s new recordkeeping regulation and offer employers with tips to ensure they are in compliance.
In the article, “Final Rule for Implementing ‘Blacklisting’ Law Released,” featured in the Colorado Real Estate Journal, Partner Sue Schaecher provides an in-depth overview of the Fair Pay and Safe Workplaces Executive Order signed by President Barack Obama in July 2014.
In the article, “Three Handbook Policies to Rethink Immediately,” featured in the September 2016 edition of WCR, Attorneys Wendy Coats and Rochelle Nelson discuss three policies restaurants should consider removing from their employee handbooks immediately.
In the article, “Employers Swamped by Storm of Labor Regulation Changes,” featured in the Daily Report, Partner Bert Brannen reflects on the sweeping changes affecting every aspect of labor and employment law and the immense impact they will have on employers.
In the article, “12 Areas of Employment Law Training Your Managers Need,” featured in Multi Briefs, Partner Bert Brannen outlines the basic types of training managers should receive in the area of labor and employment law to effectively perform their jobs.
In the article, “When Work and Politics Collide, What Is an Employer to Do?” featured in the Daily Business Review, Attorney Dana Chang provides employers with advice on how to curb political conversations in the workplace.
In the article, “10 Ways Employers Can Curb Intermittent FMLA Leave Abuse,” Attorney Melissa Dials offers up a number of tools that employers can utilize to curb Family and Medical Leave Act (FMLA) leave abuse within the workplace.
In the article, “Understanding the Fisher Decision,” featured in the September 2016 issue of the Academic Leader, Partner Scott Schneider provides an in-depth overview of the Fisher v. University of Texas case in which the United States Supreme Court gave a lukewarm endorsement of the University of Texas’ affirmative action program geared towards attracting more students of color.
In the article, “Hunting for Pokémon at Work? You May End Up Hunting for a New Job,” featured in the Austin Business Journal, Partner Art Lambert provides the top five reasons you may get fired for playing Pokémon Go at work.
In the article, “New NLRB Ruling Allows Student Workers to Unionize,” featured on Small Business Council Big Ideas, Attorney Gabe McGaha discusses the impact of the National Labor Relations Board’s (NLRB) recent ruling in which students performing research and teaching roles are employees and, therefore, are permitted to join labor unions.
In the article, “It Could Happen to You: How to Develop an Emergency Plan for Your Workplace in a Gun-Friendly World,” featured in HR Professionals Magazine, Courtney Leyes provides employers with ideas on how to minimize the risk of having workplace violence occur at their facility.
In the article, “NLRB’s Graduate-Assistant Ruling: Bad News for Administrators and Students,” featured in The Chronicle of Higher Education, Partner Joe Ambash discusses why academic administrators have little to applaud about the National Labor Relations Board’s (NLRB) recent decision regarding graduate students at Columbia University, which will have a profound and unfortunate effect on private higher education as we know it.
In the article, “Why You've Got to Have an Employee Handbook,” featured in Colorado Biz, Attorney Adam Brown discusses the benefits of having a specific and properly-drafted employee handbook.
In the article, “My Vote. My Voice.” featured in Contra Costa Lawyer, Wendy Coats reflects on the core reasons she exercises her right to vote and sheds light on what to expect in the 2016 Elections & Politics edition of Contra Costa Lawyer Magazine.
In the article, “Law Changes Oregon Beer Employers Need to Know,” featured in Oregon Beer Growler magazine, Attorney Chris Morehead examines five of the biggest employment law developments in Oregon to help employers within the craft beer industry stay current with the changes.
In the article, “Freedom to Roam: Promises and Perils of Unlimited Paid Vacation,” featured in Inside Memphis Business, Partner Rob Ratton examines the pros and cons of offering unlimited vacation pay.
In the article, “The Impact Of OSHA’s Recordkeeping Revisions on Permissible Post-Accident Drug Testing,” featured on hrsimple.com, Partner Ed Foulke discusses the Occupational Safety and Health Administration's (OSHA) final rule that greatly enhanced injury and illness data collection for most employers while at the same time greatly enhancing the potential of discrimination and retaliation claims for all employers. Specifically, he discusses how this rule affects employers with respect to post-accident drug test
In the article, “Experts Weigh in on Title IX Transgender Students Regs, Pt. 3,” featured in Akron Legal News, Partner Sarah Moore addresses the unique privacy and recordkeeping needs of transgender students for those schools that plan to grant the intended benefits of the Title IX guidance despite the Court’s recent injunction.
In the article, “Family Matters,” featured in Philly Biz, Partners Lori Armstrong Halber and Rick Grimaldi discuss how the incoming administration is likely to make major changes to paid family leave regulations, one way or another.
In the article, “Six Reasons Employers Need to Train Employees,” featured in Multi Briefs, Partner Bert Brannen outlines six compelling reasons why employers should invest time, money and resources in training managers and employees.
In the article, “Experts Weigh in on Title IX Regs for Transgender Students, Pt. 2,” featured in Akron Legal News, Partner Sarah Moore explores some practical considerations of adhering to the legal obligations concerning a transgender student.
In the article, “Tips for Fighting Off Raiders of Trade Secrets,” featured in the Memphis Business Journal, Partner Rob Ratton examines how to deal with the Defend Trade Secrets Act’s (DTSA) provision on exemplary damages and ex parte seizures.
In the article, “Balancing Active Shooter Fears with a Welcoming Workplace,” featured in the Kansas City Business Journal, Partner Jim Holland talks about how businesses can walk the fine line to be both a safe and a welcoming workplace.
In the article, “On the Sideboard: Tip Deductions, Side Work, and Meal Credits,” featured in the August WCR Newsletter, Attorneys Wendy McGuire Coats and Rochelle Nelson provide an overview of the various employment-related issues restaurants are facing this summer.
In the article "How Employers Should Prep For Active Shooter Situations," featured in Law360, Partner Joe Gagnon stresses the importance of working with in-house counsel and management to identify and develop an appropriate workplace critical incident protocol (WCIP) for your company.
In the article “More Bad News from the NLRB for Non-Union Employers Who Have Temps in Their Workforces," featured in HR Professionals Magazine, Jay Kiesewetter examines how the National Labor Relations Board’s (NLRB) landmark decision in the long-awaited Miller & Anderson, Inc. case will affect non-union employers who have temps in their workforces.
In the article, “Bugged Out: Tips For Keeping Your Employees Safe from Zika,” featured in EHS Today, Travis Vance offers up tips for preventing mosquito bites in the workplace.
In the article, “Not So Fast,” featured in Biz New Orleans, Jaklyn Wrigley discusses why you should rethink restricting recording devices in the workplace, in light of HIPAA concerns.
In the article, “How to Manage Freelancers in the Gig Economy,” featured in Colorado Biz, Danielle Urban offers employers a few tips to consider when hiring independent contractors or freelancers in the gig economy.
In the article, “How to 'Backtrack' to Comply With New DOL Overtime Rules,” featured in the Memphis Business Journal, Courtney Leyes gives advice on how to "backtrack into" current employee salaries with the issuance of new U.S. Department of Labor overtime wage rules.