Fisher Phillips

Contact
Share
Info
1075 Peachtree Street, NE
Suite 3500
Atlanta, Georgia 30309, United States
Phone: (704) 778-4185
Areas Of Practice
  • Immigration Law
  • Labor & Employment Law
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Florida
  • Georgia
  • Illinois
  • Kentucky
  • Louisiana
  • Maine
  • Massachusetts
  • Missouri
  • Nevada
  • New Jersey
  • North Carolina
  • Ohio
  • Oregon
  • Pennsylvania
  • South Carolina
  • Tennessee
  • Texas
Number of Attorneys
400+ Attorneys

Fox (Mostly) Remains In The Henhouse: SCOTUS Says Agencies (Sort Of) Know Best

By a 9-0 vote, the U.S. Supreme Court ruled today that by and large, the courts should continue deferring to a federal agency’s reasonable interpretation of its own ambiguous regulations, leaving a good deal of power in the…more

Administrative Agencies, Ambiguous, Appeals, Auer Deference, Denial of Benefits

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Preparedness, Employee Assistance Programs, Employee Benefits, Employee Privacy Rights

See all updates »

Federal Contractors Should Act Now to Object to New FOIA Requests for Reports Containing Sensitive Employee Data

Federal officials recently received several Freedom of Information Act (FOIA) requests to disclose certain reports from federal contractors that include sensitive employee demographic data — specifically the release of 2021…more

Comment Period, Confidential Information, Data Collection, EEO-1, Federal Contractors

See all updates »

As the Potential Workforce Goes Crypto and NFT, Employers Stuck in the Past May Be Losing Out

It’s no secret that employers are desperately seeking workers to fill open positions, but there may an under-the-radar reason contributing to the workforce shortage: opportunities created by cryptocurrency and non-fungible…more

Blockchain, Cryptocurrency, Employee Benefits, Employee Retention, Non-Fungible Tokens (NFTs)

See all updates »

Snapshot on Manufacturing Industry: Prepare for Pregnancy Accommodation Requests

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is…more

Employer Liability Issues, Federal Labor Laws, Manufacturers, New Legislation, Pregnancy

See all updates »

Surfin’ USA: Website Accessibility Lawsuits are Alive And Well Under The ADA

Chances are if you operate a business (public accommodation) that maintains a traditional brick-and-mortar location, then you are no stranger to Title III of the Americans with Disabilities Act (ADA). But just about every…more

Americans with Disabilities Act (ADA), Disability Discrimination, Public Accommodation, Title III, Web Content Accessibility Guidelines (WCAG)

See all updates »

Netherlands Imposes Record-Breaking Data Privacy Fine on Uber: 4 Key Steps Companies Can Take to Ensure Compliance

Dutch data privacy officials recently imposed a staggering penalty on Uber – €290 million ($324 million) – for allegedly breaching the European Union’s comprehensive data privacy and security law. This groundbreaking fine is yet…more

Data Collection, Data Privacy, Data Protection, Data Protection Authority, Data Security

See all updates »

So What Do We Do About PAGA? The Continued Viability Of Severance Agreements In The Wake Of Kim v. Reins

For decades, severance agreements have been a staple of the employment relationship, inhering to the benefit of employers and employees alike. Through their use, employers are able to obtain peace of mind against future…more

CA Supreme Court, Covenant Not to Sue, Employment Litigation, Hiring & Firing, Labor Code

See all updates »

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By…more

ADEA, Age Discrimination, Babb v Wilkie, Burden of Proof, But For Causation

See all updates »

Full House: A Fully Constituted Biden NLRB is Here

Since President Biden’s inauguration, employers have known that the National Labor Relations Board (NLRB) would eventually return to a majority beholden to the interests of organized labor. However, the big question was when…more

Biden Administration, Labor Relations, NLRA, NLRB, NLRB General Counsel

See all updates »

Labor Board Seems Certain to Soon Change Handbook Standards – What Should Employers Do?

Lurking in the recesses of your memory may be a recollection that not too long ago, federal labor relations officials scrutinized the employee handbooks of non-union employers and found legal violations with commonplace policies…more

Corporate Counsel, Employee Handbooks, Employer Liability Issues, Employment Policies, NLRA

See all updates »

EEOC Provides Employers With Key Workplace Investigation Tips: Your 5 Biggest Questions Answered

Employers recently received some helpful guidance from federal workplace officials to ensure your workplace investigations run smoothly, comply with legal standards, and put you in the best position to reach a fair and…more

Anti-Harassment Policies, Complaint Procedures, Corporate Culture, Employer Liability Issues, Employment Policies

See all updates »

New Jersey Amends Workplace Bias Law to Expand Protections Against Age Discrimination

New Jersey Governor Phil Murphy just signed a bill amending the state’s workplace bias statute by expanding protections against age discrimination. The most significant aspect of Assembly Bill No. 681, signed into law on October…more

Age Discrimination, Amended Legislation, Bias, Employment Discrimination, Hiring & Firing

See all updates »

Michigan Minimum Wage and Paid Sick Leave Update: New Wage Rates + 6 Paid Sick Leave Answers

Now that fall is well underway, Michigan employers should be reviewing their compensation practices and paid leave policies to ensure compliance with the new requirements taking effect in 2025. As detailed previously, the…more

Employee Benefits, Employment Policies, Minimum Wage, Paid Sick Leave, State Labor Laws

See all updates »

Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage…more

Business Operations, Corporate Counsel, Employee Benefits, Employer Liability Issues, Furloughs

See all updates »

The Visa Bulletin for August: Final Action Dates and an Employer’s Immigration Plan

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight…more

Adjustment of Status, EB-1, EB-2, EB-3, Filing Deadlines

See all updates »

California Supreme Court Rules Public Employers Are Exempt from PAGA: What Employers Need to Know + 4 Practical Tips

The California Supreme Court just ruled that public employers are not subject to civil penalties under the state’s Private Attorneys General Act of 2004 (PAGA). In a pivotal decision, the court held that public entities,…more

CA Supreme Court, Class Action, Employer Liability Issues, Labor Code, Penalties

See all updates »

NLRB Will No Longer Exercise Jurisdiction Over Religious Educational Institutions

In a major reversal of a 2014 Obama-era precedent, the National Labor Relations Board just ruled that it will no longer assert jurisdiction over bona fide religiously affiliated schools. This decision is of enormous significance…more

Colleges, Jurisdiction, NLRA, NLRB, Religious Institutions

See all updates »

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and…more

Age Discrimination, Anti-Harassment Policies, Burden of Proof, Colorado, Coronavirus/COVID-19

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

See all updates »

5 Tips for Employers to Avoid a Fumble Ahead of Super Bowl Sunday

More than 100 million people are expected to watch Super Bowl LVII on February 12 – including many of your employees. Maybe they’re avid fans or perhaps they’re simply tuning in for the commercials or halftime show. Either way,…more

Attendance, Dress Codes, Employment Policies, Lost Productivity, Sports Gambling

See all updates »

Louisiana Dismantles Concealed Carry Requirements: Key Employer Takeaways and 4 Steps You Can Take to Create a Safer Workplace

Louisiana employers should review their safety policies and take other appropriate precautions in light of a new state law that will significantly weaken the requirements for carrying a concealed weapon in public. While the new…more

Concealed Carry Permit, Concealed Weapons, Employer Liability Issues, Employer No-Weapons Policies, Employment Policies

See all updates »

Heat of the Moment: What Employers Need to Know About Nevada OSHA’s Latest Proposed Heat Safety Rule and 10 Steps You Can Take to Protect Your Workers

Employers in the Silver State may soon be required to implement a number of measures aimed at safeguarding employees from heat-related illnesses. The Nevada Occupational Safety and Health Administration (Nevada OSHA) is…more

Employee Training, Health and Safety, Heat Exposure, Nevada, Occupational Exposure

See all updates »

Indiana Employers Should Remain on Guard as Governor Holcomb Ends COVID-19 State of Emergency

Indiana just joined a growing number of states that have rescinded their COVID-19 states of emergency while also enacting new pandemic-related legislation – but employers shouldn’t completely let down their guard just yet…more

Coronavirus/COVID-19, Employer Liability Issues, Executive Orders, Governor Holcomb, Infectious Diseases

See all updates »

Employers Must Update Their Summary of Rights Notice for Background Check Screenings

Employers should promptly update their Summary of Consumer Rights notice provided to applicants and workers before taking adverse employment action based on their background check reports, thanks to a new rule about to take…more

Adverse Employment Action, Background Checks, Consumer Financial Protection Bureau (CFPB), Consumer Reporting Agencies, Fair Credit Reporting Act (FCRA)

See all updates »

Chicago Employers Should Prepare for Expanded Workplace Anti-Harassment Requirements

Employers should review their harassment prevention and training policies in light of recent amendments to the Chicago Human Rights Ordinance that create new obligations for employers in the city starting on July 1. What do…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Local Ordinance, Notice Requirements

See all updates »

California Employees Are Now Entitled to Leave for Reproductive Loss: Top 6 Things Employers Need to Know

Governor Gavin Newsom just signed into law a bill that further expands California unpaid leave by allowing employees to take protected time off due to “reproductive loss.” Senate Bill 848, signed into law on October 10, will…more

California, Corporate Counsel, Employee Handbooks, Employment Policies, Leave of Absence

See all updates »

San Francisco Issues Guidance On COVID-19 Paid Sick Leave While Area Shelter-In-Place Orders Extended

When San Francisco Mayor London Breed announced a Workers and Families First Program (Program) on March 16 that will see the city provide funding for private sector workers impacted by the COVID-19 pandemic to receive an…more

Coronavirus/COVID-19, Local Ordinance, Paid Leave, Paid Time Off (PTO), Shelter-In-Place

See all updates »

California Supreme Court Rules Public Employers Are Exempt from PAGA: What Employers Need to Know + 4 Practical Tips

The California Supreme Court just ruled that public employers are not subject to civil penalties under the state’s Private Attorneys General Act of 2004 (PAGA). In a pivotal decision, the court held that public entities,…more

CA Supreme Court, Class Action, Employer Liability Issues, Labor Code, Penalties

See all updates »

How is HR Using AI? An Employer’s List of Tools and Potential Pitfalls

As various forms of artificial intelligence capture the imagination of the broader public, human resources professionals may feel like they are caught in a bit of a whirlwind. While predictive analytics (data-driven approaches…more

Artificial Intelligence, Automation Systems, Bias, Employee Retention, Employer Liability Issues

See all updates »

Hong Kong Court of Final Appeal Expands Spousal Benefits Rights for Same-Sex Couples

Following the conclusion of Pride Month, it seems only fitting to address a relevant outcome in the cross-border context, which also has an impact on global employers and their employee benefits offerings. In, Leung Chun Kwong v…more

Appeals, Beneficiaries, Employee Benefits, Hong Kong, International Labor Laws

See all updates »

Labor Department to Crack Down on These 7 Workplace Contract Provisions

The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal…more

Attorney's Fees, Confidentiality Agreements, Corporate Counsel, Department of Labor (DOL), Employee Rights

See all updates »

The 3 Biggest PAGA Questions California Employers Have for 2023

California employers are all too familiar with the dreaded word “PAGA” – the Private Attorneys General Act. This infamous law gives employees the legal right to prosecute lawsuits against their employers for alleged violations…more

Arbitration Agreements, California, Employer Liability Issues, Employment Litigation, Labor Law Violations

See all updates »

Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution

Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic, most…more

Foreign Nationals, Green Cards, Hiring & Firing, National Interest Waiver, PERM

See all updates »

OSHA Proposes Revised PPE Rule for Construction Industry: How Should Employers Prepare?

Federal workplace safety officials just announced they are seeking to revise the national Personal Protective Equipment (PPE) standard for the construction industry to explicitly state that PPE must fit each affected employee…more

Comment Period, Construction Industry, Construction Workers, OSHA, Personal Protective Equipment

See all updates »

Update For Retirement Plans Post-Windsor

Now that some of the dust has settled on the U.S. Supreme Court’s decision in U.S. v. Windsor, employers who haven’t done so already should take immediate steps to review their retirement plan documents and administrative…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), IRS, Retirement, Retirement Plan

See all updates »

Are Utilization Review Nurses Entitled to Overtime? Pending Federal Case Should Serve as Warning for Healthcare Providers

Healthcare organizations across the country should train their attention on a federal court case pending in Georgia that deals squarely with whether RNs performing utilization review (UR) work are exempt from overtime pay…more

Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), Health Care Providers, Nurses

See all updates »

5 Takeaways as Washington Legislature Instructs Employers Not to Deduct WA CARES Act Premiums

Answering the question Fisher Phillips recently posed to Washington employers – to deduct or not to deduct – Governor Inslee signed into law on January 26 the bills swiftly pushed through the legislature that delay collection of…more

Employee Benefits, Exemptions, New Legislation, Payroll Deductions, Premiums

See all updates »

Oregon's Minimum Wage Now $2.00 Per Hour Higher Than Federal Rate

After a January 1st increase of 15 cents per hour, Oregon’s minimum wage now stands at $9.25 – exactly two dollars per hour more than the federal minimum wage rate of $7.25 per hour. That places Oregon near the top of the list…more

Minimum Wage, New Legislation

See all updates »

Arizona Under Stay-At-Home Order, Shutting Down Non-Essential Businesses

In response to the COVID-19 coronavirus outbreak, Arizona Governor Ducey just issued Executive Order 2020-18, entitled “Stay Home, Stay Healthy, Stay Connected,” requiring all Arizonans to limit their time away from their home…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Ducey, Health and Safety

See all updates »

Snapshot on Manufacturing Industry: 3 Things Employers Need to Know Before Filing Your EEO-1 Reports

Welcome to this edition of the FP Snapshot Manufacturing Industry, where we take a quick snapshot look at recent significant workplace law developments with an emphasis on how they impact employers in the manufacturing industry…more

EEO-1, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Failure-to-File, Federal Contractors

See all updates »

NLRB Counsel Cracks Down On “Stay-or-Pay” Provisions and Non-Competes: 7 Steps Employers Should Consider in Response

The National Labor Relations Board’s chief lawyer just said that many “stay-or-pay” provisions – agreements where workers are asked to repay their employer if they separate from employment – violate federal law, and also…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Hiring & Firing, Labor Law Violations

See all updates »

When Strict Dress Codes Went Out Of Style: The Modernization Of Workwear

This modern-day old adage gives one permission to own their own personal style with the utmost confidence—but how does this fit into your work culture? In years past, getting dressed for work was simple. But as time progressed,…more

Discrimination, Dress Codes, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

Beware Of The One-Two Punch Expected In The Fair Housing Law Arena

The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news. Businesses that operate in the housing industry and those…more

Affordable Housing, Banking Sector, Discrimination, Disparate Impact, Fair Housing Act (FHA)

See all updates »

Will Justice Ketanji Brown Jackson Treat Employers Well? The Magic 8-Ball Says: “Signs Point to Yes”

When President Biden announced on Friday that Judge Ketanji Brown Jackson would be nominated to replace the retiring Justice Stephen Breyer on the Supreme Court, history was made. Not only could she be the first Black woman ever…more

Age Discrimination, Biden Administration, Disability Discrimination, Employment Discrimination, Employment Litigation

See all updates »

Labor Board Once Again Shifts the Scales to Ensure More Employee Conduct is Considered Protected Concerted Activity

The National Labor Relations Board has once again overturned employer-friendly precedent by making it more likely that individual employee gripes – whether in a union or non-unionized workplace – will be deemed protected…more

NLRA, NLRB, Protected Concerted Activity, Section 7, Totality of Circumstances Test

See all updates »

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to how a…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Health and Safety, OSH Act

See all updates »

Philadelphia Set to Ban Pre-Employment Marijuana Testing: What Employers Need to Know

Philadelphia is set to join a small but growing list of jurisdictions (including Nevada and New York City) that prohibit employers from testing prospective employees for marijuana. The proposal, which was recently approved by…more

Drug Testing, Employment Policies, Hiring & Firing, Job Applicants, Local Ordinance

See all updates »

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration…more

Biden Administration, Collective Bargaining, Collective Bargaining Agreements (CBA), Construction Industry, Construction Project

See all updates »

Medical Spa Loses $300K After Botched Workplace Investigation: 5 Tips for Employers Investigating Potential Criminal Activity or Misconduct

Two vials of Botox went missing at a medical spa, and the employer had a hunch that a new employee had stolen them. After the police got involved, the employee was arrested and indicted for felony theft by a grand jury, but…more

Compensatory Damages, Employee Misconduct, Employer Liability Issues, Malicious Prosecution, Property Theft

See all updates »

Just (Don’t) Do It: Oregon Supreme Court Warns Against Cat’s Paw Retaliation

The Oregon Supreme Court just revived a whistleblower retaliation claim filed against sportswear giant Nike by adopting for the first time a novel legal concept known as the “cat’s paw” theory. The July 18 opinion opens new…more

Adverse Employment Action, Cat's Paw, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

The Importance Of An Injury and Illness Prevention Plan In California During The COVID-19 Health Crisis And Beyond

As recently announced, Cal/OSHA is now scrutinizing employers’ adherence to state guidance regarding worker protections during the COVID-19 health crisis. The administration is urging all employers in California to carefully…more

Cal-OSHA, Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Workplace Hazards

See all updates »

Get Ready for NLRB Rule Making It Harder to Decertify Unions: 5 Key Steps for Employers

A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules issued…more

Decertification, Labor Regulations, New Regulations, NLRB, Unfair Labor Practices

See all updates »

California Workers Gain New Cannabis Protections: What Employers Need to Know

A new protection is on the way for employees in California who use cannabis before or after completing their workday. Governor Gavin Newsom signed a bill Sunday expanding employment discrimination protections under state law to…more

Corporate Counsel, Drug Testing, Employment Discrimination, Employment Policies, Hiring & Firing

See all updates »

If You Can't Fire A Teacher For Criticizing Management, Who Can You Fire?

Most school administrators would be shocked to learn that the National Labor Relations Board (NLRB) could, in some circumstances, find that their school engaged in an unfair labor practice for disciplining or terminating an…more

Administrative Law Judge (ALJ), Discipline, Hiring & Firing, NLRA, NLRB

See all updates »

Current Trends In Combating Weight Discrimination In The Workplace

Employers everywhere should be well-versed in the main federal civil rights laws, offering protection to your employees and applicants from workplace discrimination based on age, disability, sex, gender, religion, race, and…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome. Moreover,…more

Confidential Information, Former Employee, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

See all updates »

Who’s The Boss? How Managers Can Handle Gender Bias From Their Own Subordinates

As a manager, you’re trained to identify discrimination and harassment when you see it. You see it when a manager in another department isn’t being fair to subordinates of another race. You’re familiar with your obligations when…more

Anti-Discrimination Policies, Anti-Harassment Policies, Bias, Employee Misconduct, Employee Training

See all updates »

Maryland Employers To Soon Face Mandatory Notice Requirements Before Reductions In Force

Thanks to an impending new law, Maryland employers faced with large employee reductions will no longer be able to simply determine on their own whether to follow the state’s voluntary advance notification guidelines. Beginning…more

Department of Labor (DOL), Employer Liability Issues, Hiring & Firing, Involuntary Reduction in Force, Notice Requirements

See all updates »

Kentucky Governor Signs Senate Bill 7 Into Law Reestablishing Employment Arbitration

Kentucky Governor Matt Bevin signed into law Senate Bill 7 which brings Kentucky back in line with every other state by allowing employers to require employees to arbitrate claims as a condition of employment. The new law,…more

Arbitration Agreements, Employer Liability Issues, Employment Contract, Federal Arbitration Act, Federal v State Law Application

See all updates »

What Public Employers Need To Know A Year After Supreme Court’s Janus Decision

Until just last year, it was common for public sector collective bargaining agreements to require employees who elected not to belong to a union, but were still covered by the CBA, to pay “fair share” fees to the union as a…more

Appeals, Constitutional Challenges, Fair Share Contribution, First Amendment, Janus v AFSCME

See all updates »

New York Employers Must Provide Paid Lactation Breaks: 4 Key Takeaways

Nursing employees now have the right to paid break time to express breast milk during the workday under a New York State law that took effect June 19. This move underscores Governor Hochul’s push for legislation supporting…more

Breastfeeding, Employee Rights, Employment Policies, Guidance Update, Lactation Accommodation

See all updates »

COVID-19 Employment Litigation Continues Based on Failure to Accommodate Virus-Related Illnesses

The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Failure to Accommodate

See all updates »

California Employers Face Criminal Liability for Intentional Unpaid Wages Under Newly Signed Law

California Governor Newsom signed into law yesterday a bill which makes intentional “wage theft” by employers a form of grand theft and thus a felony in the state of California. AB 1003 obviously ups the ante for employers when…more

Corporate Counsel, Criminal Liability, Criminal Penalties, Criminal Prosecution, Employer Liability Issues

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Preparedness, Employee Assistance Programs, Employee Benefits, Employee Privacy Rights

See all updates »

Comprehensive Checklist to Help Businesses Prepare for Soccer’s 2026 World Cup

Less than two years from now, visitors from around the world will descend on the U.S., Mexico, and Canada, as the three countries jointly host FIFA’s 2026 World Cup – and your business might want to start preparing already. It’s…more

Analytics, Artificial Intelligence, Business Disruption, Business Operations, Business Opportunities

See all updates »

Big Wiretapping Win for Businesses in Massachusetts Data Privacy Case: 5 Compliance Reminders for Website Tracking Software

Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record or…more

Consent, Consumer Privacy Rights, Cookies, Data Collection, Data Privacy

See all updates »

Florida’s New Bathroom Law: What Do Schools Need to Know?

As schools prepare for the upcoming academic year, you should consider the impact of Florida’s new law addressing locker room and bathroom use. The Safety in Private Spaces Act was recently signed into law by Governor DeSantis…more

Colleges, Educational Institutions, Florida, Governor DeSantis, New Legislation

See all updates »

“Personal” Pizza: Employee’s Individual Gripe Not Protected Under The NLRA

A recent decision by a National Labor Relations Board Administrative Law Judge has re-affirmed that “personal gripes” made by employees are unprotected by federal labor law. This decision comes from the NLRB’s regional office in…more

Administrative Law Judge (ALJ), Collective Actions, Federal Labor Laws, Former Employee, Former Employer

See all updates »

Will Trend to Limit Warehouse Production Quotas Go National? 3 Things Employers Should Know

Congress is currently considering a bill that would restrict production quotas for warehouse workers and mandate certain safety measures, following in the footsteps of several states that have implemented similar restrictions…more

Anti-Retaliation Provisions, Corporate Counsel, Disclosure Requirements, Employer Liability Issues, NLRA

See all updates »

Starting QB Leaves Undefeated Team Over NIL Dispute: 5 Things Universities and Collectives Should Do to Reduce Disputes and Legal Risk

A new NIL issue emerged last week as the starting quarterback for the University of Nevada Las Vegas (UNLV) left the undefeated Rebels over claims of unfulfilled verbal promises allegedly made to him by an assistant coach. While…more

Coaches, College Athletes, Colleges, Compensation, Federal Trade Commission (FTC)

See all updates »

Olympic Moms Are Changing the Game and So Can You: 5 Ways Employers Can Support the Olympic Feat of Balancing Work and Family

The Paris 2024 Summer Olympics are officially here, and this year is full of milestones – from the Olympic debut of “breaking” (you may call it breakdancing) to equal participation rates by male and female athletes for the first…more

Breastfeeding, Caregivers, Employee Benefits, Employee's Childcare, Employment Policies

See all updates »

Top Workplace Law Stories You May Have Missed from April 2023

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past month…more

Artificial Intelligence, Automation Systems, California Consumer Privacy Act (CCPA), Department of Labor (DOL), Enforcement

See all updates »

California’s New Indoor Heat Illness Rule: 3 Things Employers Need to Know Now to Prepare

A new heat illness standard for indoor work areas will affect California employers as soon as this summer. This rule – which the California Occupational Safety and Health Standards Board voted to adopt on June 20 – creates the…more

California, Employee Training, Exceptions, Heat Exposure, New Rules

See all updates »

AI in the Movies: FP Reviews the Best Movies About Artificial Intelligence

Artificial intelligence might just be making major inroads into your workday and personal lives over the last few years, but it has long been a key plot point in some of your favorite movies. In fact, some would say that AI…more

Artificial Intelligence, Entertainment Industry, Machine Learning, Movies, Popular

See all updates »

Snapshot on the Staffing Industry: NLRB GC’s Crackdown On “Stay-or-Pay” Provisions and Non-Competes Demands Your Attention

Welcome to this edition of the FP Snapshot on the Staffing Industry. In this edition, we will take a look at the NLRB General Counsel’s October 7 memorandum attacking “stay or pay” provisions and non-compete agreements and…more

Employment Contract, Employment Policies, Hiring & Firing, NLRA, NLRB

See all updates »

Top 7 New Workplace Safety Laws California Has Adopted – and Key Action Steps for Employers

The California legislature has passed a slew of new workplace safety laws – many of which would change the landscape for California employers. Now that the September 30 deadline for the governor to sign or veto bills has passed,…more

Agricultural Workers, Artificial Intelligence, Biofuel, Cal-OSHA, California

See all updates »

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and…more

Age Discrimination, Anti-Harassment Policies, Burden of Proof, Colorado, Coronavirus/COVID-19

See all updates »

5 Employer Takeaways as Nevada Law Expanded to Include Protection for Natural Hairstyles

Nevada has just joined the ranks of several other states that have recently enacted laws prohibiting discrimination in workplace and educational settings based on traits frequently associated with race such as hair texture and…more

Anti-Discrimination Policies, Civil Rights Act, Collective Bargaining Agreements (CBA), Employee Rights, Employee Training

See all updates »

Snapshot On Manufacturing Industry: 7 Essential Elements Of A Workplace Investigation

Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick look at a significant workplace law issues that can impact manufacturers. This edition will focus on workplace investigations and how…more

Complaint Procedures, Documentation, Employer Liability Issues, Evidence, Hotlines

See all updates »

Supreme Court Dismisses Another Challenge To The Affordable Care Act

Thanks to a ruling yesterday by the U.S. Supreme Court, the Affordable Care Act remains fully intact and will remain the law of the land for the foreseeable future. In a 7-to-2 vote, the Court dismissed a case that challenged…more

Affordable Care Act, Article III, California v Texas, Commerce Clause, Corporate Counsel

See all updates »

Strict Privacy and Data Security Bill Introduced in North Carolina

Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

See all updates »

Arizona Directs Additional Businesses To Cease Operations

In response to the COVID-19 coronavirus outbreak, Arizona Governor Ducey issued a “Stay Home, Stay Healthy, Stay Connected” order last week requiring all Arizonans to limit their time away from their home or place of residence…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Ducey, Health and Safety

See all updates »

Combatting Corporate Espionage In The Digital Age

In the modern age of relatively cheap and ever-evolving technology, corporate espionage is a real threat that could be perpetrated by any employee or other insider at any time. The term “corporate espionage” covers many…more

Confidential Business Information (CBI), Customer Information, Data Privacy, Data Protection, Data Security

See all updates »

Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers are…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Disability Discrimination, Employee Incentive Plans, Employer Liability Issues

See all updates »

Weekly Checklist: How Stay Interviews Can Help Curb Career Cushioning

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace relations…more

Employee Retention, Hiring & Firing, Human Resources Professionals, Interviews, Recruitment Policies

See all updates »

Yet Another Court Upholds Workplace Vaccine Mandate: What Your Organization Can Take From New York City Schools Litigation

Challenges to employer-instituted vaccine mandates have become ubiquitous across the country this year, as some employees claim they should not have to get vaccinated against COVID-19 in order to keep their jobs. Also nearly…more

Colleges, Constitutional Challenges, Coronavirus/COVID-19, Department of Education, Educational Institutions

See all updates »

Florida Minimum Wage Rising To $8.05

On January 1, 2015, the minimum wage for employees working in Florida rises to $8.05 per hour. This represents an hourly increase of $0.12 over the current Florida minimum wage. The increase is tied to the rate of inflation over…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Minimum Wage, New Legislation, Wage and Hour

See all updates »

6 Important Changes to the Illinois Employment Law Landscape for 2025: What Employers Should Do to Prepare

Following a busy 2024 session for the Illinois legislature that will impose new requirements on employers, Governor JB Pritzker signed into law a number of additional bills that will take effect on January 1, 2025, and have…more

Amended Legislation, Anti-Discrimination Policies, Anti-Harassment Policies, E-Verify, Employer Liability Issues

See all updates »

An Employer’s Week-by-Week Guide to Mental Health Awareness Month

May is Mental Health Awareness Month, which creates an opportunity to reflect on the well-being of your workforce. Recent statistics reveal that employees across all industries are now more susceptible to stress, burnout, and…more

Artificial Intelligence, Employee Assistance Programs, Employee Benefits, Employment Policies, Flexible Work Arrangements

See all updates »

Washington Governor Imposes New Workplace Requirements And Delegates Reopening To Counties

Washington Governor Inslee recently modified the statewide phased reopening plan with a Safe Start County-by-County plan – while also imposing new requirements on all employers by industry. The new plan gives individual counties…more

Coronavirus/COVID-19, Employer Responsibilities, Governor Inslee, Health and Safety, Infectious Diseases

See all updates »

Noncompete Reform Continues in New England: Maine, New Hampshire, and Rhode Island All Pass New Laws

Noncompete reform continues to crop up in New England. We previously wrote about comprehensive reform in Massachusetts late last year, and now three more states have passed legislation in recent weeks. All three states – Maine,…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Hiring & Firing, Low-Wage Workers

See all updates »

Cussing Cheerleader Wins SCOTUS Free Speech Case, Creating Headaches for Public Schools Dealing with Off-Campus and Social Media Messages

By an 8-to-1 vote, the U.S. Supreme Court affirmed today that public schools might have an interest in regulating student speech, but the leeway the First Amendment grants to schools is diminished in the off-campus context…more

Disciplinary Proceedings, First Amendment, Mahanoy Area School District v B.L., Public Schools, SCOTUS

See all updates »

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some…more

B-1, Business Visitor, E-2, E-3, Employee Transfers

See all updates »

New California Background Check Requirements Take Effect October 1: The 7 Things Every Employer Needs to Know

California employers will need to make changes to their background check and criminal history review process thanks to new Fair Chance Act regulations taking effect October 1. You should begin to prepare now for these new…more

California, Conditional Job Offers, Criminal Background Checks, Fair Chance Act, Hiring & Firing

See all updates »

Pay Equity: The Global and Domestic Push To Bridge the Gap

It is no secret that pay inequity has plagued the United States and abroad for as long as women have been in the workforce. Although the U.S. and other countries have had laws on the books, in many cases for decades, prohibiting…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Fair Pay Act, Gender-Based Pay Discrimination

See all updates »

Key Reduction in Force Considerations for Manufacturing Employers as Layoffs Mount

The strong jobs report recently released by the federal government included a surprising twist: it showed the manufacturing industry lost over 34,000 jobs in the past two months, standing now as one of the weakest industry…more

Construction Industry, Furloughs, Hiring & Firing, Involuntary Reduction in Force, Layoffs

See all updates »

Year-End Reviews Pair Well with a Pay Equity Audit: A 4-Step Plan for Employers

Many employers are now turning to the year-end performance review process and making decisions about bonuses, raises, and incentives for employees — which makes this an ideal time to audit your pay practices and fix any…more

Audits, Compensation & Benefits, Employer Liability Issues, Equal Pay, Equal Pay Act

See all updates »

The Dog Days of Sick Leave? NYC Considers Providing Workers Time Off to Care for Pets

Fido’s under the weather? Is Fluffy due for a check-up? A new bill introduced in the New York City Council aims to give employees time off to care for their furry (or scaley or feathered) friends. The proposed measure seeks to…more

City of New York, Corporate Counsel, Employee Retention, Mental Health, Paid Sick Leave

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

5 Things for Dealerships to Check Up on in 2022

It’s time for a checkup – and no, we’re not just talking about Omicron. After all, we’re not medical doctors over here at Fisher Phillips. And, for the most part, you won’t catch us in white lab coats. But we are here to give…more

Background Checks, Car Dealerships, Coronavirus/COVID-19, Drug Testing, Employee Handbooks

See all updates »

New Jersey Schools Need to Reexamine Policies Barring Paid Work During Parental Leave After Game-Changing Administrative Finding

State authorities recently found that a school district’s policy prohibiting employees from working paid extracurricular positions while on parental leave could violate state discrimination and family leave laws – and you may…more

Disparate Impact, Employer Liability Issues, Employment Discrimination, Employment Policies, New Jersey

See all updates »

Will New Jersey Become the ‘Garden Leave’ State? Proposed Legislation Would Set Strict Rules for Non-Competes Including Full Pay Requirement

New Jersey recently joined a growing number of states that have taken legislative efforts to significantly limit the enforceability of post-employment restrictive covenant agreements – such as non-compete and non-solicitation…more

Former Employee, Fringe Benefits, Garden Leave, Hiring & Firing, New Jersey

See all updates »

The Visa Bulletin for July: Final Action Charts and an Employer’s Immigration Action Plan

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight…more

Adjustment of Status, EB-1, EB-2, EB-3, Filing Deadlines

See all updates »

California Court Rules That Egg Retrieval and Freezing Procedures Do Not Qualify for Pregnancy Protection – But Employers Should Tread Carefully

A recent decision from the California Court of Appeal concluded that a worker could not advance a pregnancy discrimination claim based on alleged mistreatment following egg retrieval and freezing procedures – but employers…more

Employment Litigation, FEHA, Hiring & Firing, Pregnancy Discrimination, Pregnant Workers Fairness Act

See all updates »

California Restaurant Groups Ask Fast Food Council to Slow Down Plans to Hike Minimum Wage Beyond $20 Per Hour

California’s newly established Fast Food Council was inundated at its September 12 meeting by competing testimony – organized labor on one side and restaurant groups on the other – about potential plans to raise the industry…more

California, Fast-Food Industry, Food Service Workers, Minimum Wage, Restaurant Industry

See all updates »

Super Bowl Predictions! (And Some Workplace Advice for Employers While We’re At It)

Matt Carpenter: The 49ers will finally be able to shake off the Chiefs, winning their sixth Lombardi Trophy in a 31-24 game. Brock Purdy will go from Mr. Irrelevant to Super Bowl MVP, leading to an Academy Award-winning film in…more

Dress Codes, Employment Policies, Productivity, Sports Gambling, Super Bowl

See all updates »

Nationwide Calls to Ban Phones in K-12 Schools: Key Considerations for Private Schools on Whether to Adopt a Phone-Free Policy

States and public school districts across the country are pushing for cellphone bans in schools, claiming that the devices cause major classroom distractions and other negative effects on students. As a growing number of schools…more

Cell Phones, School Districts, School Policies, Smartphones, Students

See all updates »

Snapshot on Manufacturing Industry: A Survival Guide to OSHA’s Regulation Allowing Union Walkthroughs of Union and Non-Union Worksites

Welcome to this edition of the FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing…more

Final Rules, Manufacturers, Manufacturing Employers, Manufacturing Facilities, OSHA

See all updates »

An Employer’s Guide to the Potential Railroad Strike Ahead

Only hours before 100,000 railroad workers across the United States were set to go on strike in September, President Biden announced that his administration had facilitated a tentative agreement to prevent the walk-off. For good…more

Biden Administration, Railroads, Railway Labor Act, Strike, Unions

See all updates »

ChatGPT Presents Opportunities for Schools — But Be Sure to Think Through These Pros and Cons

Have you heard about ChatGPT? Your students definitely have, and they are probably already using it. ChatGPT is a new artificial intelligence (AI) chatbot developed by OpenAI. This new technology has the potential to…more

Artificial Intelligence, Colleges, Educational Institutions, Professors, School Districts

See all updates »

New Florida Law Blocks Certain Local Workplace Rules: Top 3 Things Employers Should Note

Under a new Florida law, employers will need to turn to state and federal agencies – rather than local governments – for guidance on certain key workplace rules. Specifically, Governor Ron DeSantis signed HB 433 on April 11,…more

Employee Benefits, Federal Labor Laws, Florida, Heat Exposure, New Legislation

See all updates »

Are You Ready for New Illinois Pay Transparency Rules? A Compliance Blueprint for Employers

Illinois employers will soon be required to reveal salary information in job postings, thanks to a new law that will take effect on January 1. Amendments to the Illinois Equal Pay Act will require covered organizations to…more

Disclosure Requirements, Employee Benefits, Employer Liability Issues, Equal Pay Act, Hiring & Firing

See all updates »

Data Breach Liability for Pennsylvania Employers Expands – Pennsylvania Supreme Court Holds that Employers Have a Duty of Care to Protect and Secure Employee Data

Data breach liability for Pennsylvania employers of all sizes expanded with a recent Pennsylvania Supreme Court decision in Dittman v. UPMC. __ A.3d __, No. 43 WAP 2017, 2018 WL 6072199 (Pa. 2018). The Pennsylvania Supreme…more

Breach of Duty, Cybersecurity, Data Breach, Data Protection, Data Security

See all updates »

7 Steps to Comply with the CCPA

Getting into compliance with the California Consumer Privacy Act (CCPA) can seem like an overwhelming task. After all, the law is comprised not only of a dense statute and detailed regulations, but the amendment effective…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy

See all updates »

Snapshot on Manufacturing Industry: A Survival Guide to OSHA’s Regulation Allowing Union Walkthroughs of Union and Non-Union Worksites

Welcome to this edition of the FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing…more

Final Rules, Manufacturers, Manufacturing Employers, Manufacturing Facilities, OSHA

See all updates »

Texas Begins Reopening Businesses; Employers May Be Required To Provide Face Coverings

Texas Governor Greg Abbott issued a series of executive orders on April 17 aimed at beginning the process of reopening the state’s businesses. In three orders, Governor Abbott loosened certain business restrictions contained in…more

Coronavirus/COVID-19, Employer Liability Issues, Executive Orders, Governor Abbott, Health and Safety

See all updates »

How Employers Can Avoid Employment Fumbles and Win on Super Bowl Sunday

The stage has been set for Super Bowl LVI on February 13 – the Cincinnati Bengals will be playing the Los Angeles Rams in the Rams’ home stadium. This game is annually the most watched television broadcast event, with over 90…more

Attendance, Dress Codes, Employment Policies, Lost Productivity, Sports Gambling

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Preparedness, Employee Assistance Programs, Employee Benefits, Employee Privacy Rights

See all updates »

Businesses Need To Revamp And Revise CCPA Notices As 2020 Comes To A Close

The COVID-19 pandemic has changed all manner of business procedures over the course of this past year, but one area you may not immediately recognize that needs to be immediately addressed relates to mandatory privacy…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Coronavirus/COVID-19, Corporate Counsel, Data Collection

See all updates »

7-Step Framework to Comply With Australia’s New Guidelines Requiring “Positive Duty” to Prevent Workplace Sex Discrimination

When the Australian parliament passed the Anti-Discrimination and Human Rights Legislation bill late last year, it introduced a new “Positive Duty” on employers to not only respond to but take proactive steps to prevent…more

Anti-Discrimination Policies, Australia, Human Rights, New Legislation, Sex Discrimination

See all updates »

The Visa Bulletin for November: Dates for Filing and an Employer’s Immigration Plan

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight…more

Adjustment of Status, EB-1, EB-2, EB-3, Filing Deadlines

See all updates »

Top 5 Data Security and Privacy Trends Revealed by Feds – and 5 Proactive Steps Employers Can Take Today

The United States Cybersecurity & Infrastructure Security Agency (CISA) recently issued a Joint Advisory providing an overview of 2021 ransomware trends, noting several key developments that employers should take note of. The…more

Cyber Attacks, Cyber Threats, Cybersecurity, Cybersecurity Information Sharing Act (CISA), Data Privacy

See all updates »

Bankruptcy Court Upholds PBGC Rules, Says Massive Pension Fund Bailouts Can’t Reduce Employer’s Withdrawal Liability: Your 5 Key Takeaways

A bankruptcy court in Delaware recently upheld rules issued by the Pension Benefit Guaranty Corporation (PBGC) that severely impact how liability is calculated for employers withdrawing from multiemployer pension plans receiving…more

American Rescue Plan Act of 2021, Bailout, Bankruptcy Court, Creditors, Employee Benefits

See all updates »

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of care…more

Appeals, Construction Industry, Contract Terms, Dismissals, Duty of Care

See all updates »

Do Your Contractors Carry Workers’ Compensation Coverage? How It Can Impact Your Policy and 5 Ways to Prepare for Insurance Audits and Disputes

Workers’ compensation insurance audits can lead to big and unexpected costs for your company, especially now that insurers and state governments are pushing for policyholders to ensure that their independent contractors and…more

Audits, Independent Contractors, Insurance Contracts, Premiums, Subcontractors

See all updates »

Epic Win: Supreme Court Saves Employment Arbitration As We Know It

To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are, in…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

See all updates »

Japanese Transgender Worker’s Harassment Case Victory Could Signal Change: 4 Steps to Consider

In what has been deemed a rare and landmark case, Japanese labor authorities have recognized Sexual Orientation and Gender Identity (SOGI) harassment as a work-related disease eligible for workers’ compensation benefits for the…more

Corporate Counsel, Gender Identity, Japan, LGBTQ, Popular

See all updates »

The “Do Not Disturb” Movement: A Right To Disconnect? Or A Disconnection From Reality?

In today’s business climate, work always seems to be on the mind. But should it be? According to the Bureau of Labor Statistics, the productivity of the average American worker has skyrocketed by an astounding 400% since 1950…more

Do Not Disturb, Employee Rights, Employment Policies, Hiring & Firing, Off-Duty Employee Access

See all updates »

Landmark SCOTUS Ruling Strips Power From Federal Agencies: How Today’s Decision Will Impact Your Workplace

The Supreme Court just upended the legal world by significantly reducing the power of federal regulators and placing more authority in the hands of judges – a move that will have a major impact on workplace regulations for years…more

Administrative Interpretation, Administrative Procedure Act, Chevron Deference, Judges, Judicial Interpretation

See all updates »

Dealership Update: Is it Time For a Trade-In of Your Employee Handbook?

Your employee handbook has something in common with the products you sell: neither lasts forever and both eventually will need an update. Think about when that new car rolled off the lot with that new car smell. It was equipped…more

Anti-Harassment Policies, Automotive Industry, Car Dealerships, EEO, Employee Handbooks

See all updates »

Whiplash: How To Manage During Joint Employer Uncertainty

The standard for determining joint employment status has been in a state of near-constant flux for more than three years. The back-and-forth has subjected employers to much indigestion when trying to determine which employees…more

Comment Period, Department of Labor (DOL), Employer Liability Issues, Employment Contract, Employment Policies

See all updates »

Colorado and Washington Likely to Join Growing List of States Banning Captive Audience Meetings: 5 Steps Employers Can Take to Comply

Colorado and Washington will likely become the latest states to ban employers from holding mandatory meetings with employees concerning religious or political matters. Such employer-sponsored meetings, known as “captive audience…more

Anti-Retaliation Provisions, Colorado, Employer Liability Issues, NLRA, NLRB

See all updates »

Does Erosion of Noncompetes in the DMV Herald a National Trend?

Noncompetition agreements are common tools used by employers to prevent former employees from unfairly competing against them. Traditionally, many states have allowed employers to require employees to sign noncompetes as long as…more

Confidentiality Agreements, Employment Contract, Former Employee, Hiring & Firing, Low-Wage Workers

See all updates »

What Every California Cannabis Employer Needs To Know About Labor Unions

California was one of the first states to establish a uniform regulatory and licensing regime for medical and adult-use cannabis. A key component of the state law is that an applicant for a cannabis license must enter into a…more

Cannabis-Related Businesses (CRBs), Collective Bargaining Agreements (CBA), Employer Liability Issues, Employment Policies, Labor Regulations

See all updates »

Cannabis Flash Survey: Industry Analysis for Construction, Healthcare, Hospitality, and Manufacturing Employers

When FP surveyed employers across the country about their position on testing applicants for cannabis and related topics, some interesting industry-specific information was revealed that could open eyes for those in…more

Construction Workers, Drug Testing, Healthcare Workers, Hiring & Firing, Hospitality Industry

See all updates »

SCOTUS Preserves DACA Program, Keeping Workplaces Intact For Now

By a 5-4 vote, the U.S. Supreme Court ruled today the Trump administration did not provide adequate and appropriate justification to terminate the Deferred Action for Childhood Arrivals (DACA) program, preserving the ability of…more

Administrative Procedure Act, Arbitrary and Capricious, Citizenship, DACA, Department of Homeland Security (DHS)

See all updates »

Cannabis Flash Survey: Industry Analysis for Construction, Healthcare, Hospitality, and Manufacturing Employers

When FP surveyed employers across the country about their position on testing applicants for cannabis and related topics, some interesting industry-specific information was revealed that could open eyes for those in…more

Construction Workers, Drug Testing, Healthcare Workers, Hiring & Firing, Hospitality Industry

See all updates »

SCOTUS Decision Ushers in The “Gates Up or Down” Era For Employers Seeking to Protect Workplace Computers and ESI - The Post-Van Buren Workplace and The Computer Fraud And Abuse Act

The U.S. Supreme Court has once again defined the rules of the road for millions of employers and employees in the American workplace with its recent decision in Van Buren v. United States. The Court’s opinion resolved…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

See all updates »

The Next Generation of E-Verify: A Brief Guide for PEOs

E-Verify+ is a new government tool that aims to streamline workplace eligibility verification – and it could soon impact PEOs that choose to assist their customers with E-Verify procedures. This article provides a summary of…more

Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Hiring & Firing, Professional Employer Organization

See all updates »

Employer’s Cheat Sheet for Election Season

Here’s a handy cheat sheet that summarizes some key points from our Essential FAQs for the 2024 Election Season. Make sure to check out the full series of FAQs to understand your rights and responsibilities…more

Employee Rights, Employer Liability Issues, Employment Policies, NLRA, Political Campaigns

See all updates »

What Every North Carolina Employer Needs to Know About Restrictive Workplace Covenants (Part 3)

This is the third Insight in a three-part series that discusses restrictive covenant agreements in North Carolina... This Insight will address considerations for enforcing restrictive covenant agreements on departing employees…more

Confidential Information, Employment Contract, Former Employee, Hiring & Firing, Non-Compete Agreements

See all updates »

Third Time Could Be The Charm For Consumer Privacy Legislation In Washington – The Continued Saga Of The Washington Privacy Act

Businesses across Washington state – and those that do business there – might want to brace themselves for another round of debate that could lead to the passage of California-style privacy legislation in 2021. After failures…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy, Legislative Agendas

See all updates »

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student behavior…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Litigation, Essential Functions

See all updates »

Breaking Down the FTC Non-Compete Ban Appeals: Heading to a Circuit Split and SCOTUS Intervention?

The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on…more

Appeals, Arbitrary and Capricious, Commerce Clause, Constitutional Challenges, Corporate Counsel

See all updates »

Delaware Passes Consumer Privacy Law: 10 Things Businesses Need to Know

Delaware businesses should begin preparing for a new law that will provide consumers with privacy rights over their personal data collected by covered entities and impose a series of related requirements on those entities…more

Consumer Privacy Rights, Data Collection, Data Controller, Data Privacy, Delaware

See all updates »

Cumplir con las reglas de privacidad de datos de México: 6 consejos clave para negocios estadounidenses y extranjeras

Las compañías que hacen negocios en México deben revisar las políticas y prácticas pertinentes para asegurarse de que se alinean al marco integral de privacidad de datos del país. Específicamente, querrá evaluar sus avisos de…more

Consumer Privacy Rights, Data Breach, Data Collection, Data Controller, Data Privacy

See all updates »

Cannabis Flash Survey: Industry Analysis for Construction, Healthcare, Hospitality, and Manufacturing Employers

When FP surveyed employers across the country about their position on testing applicants for cannabis and related topics, some interesting industry-specific information was revealed that could open eyes for those in…more

Construction Workers, Drug Testing, Healthcare Workers, Hiring & Firing, Hospitality Industry

See all updates »

Defending Workplace Antitrust Investigations: Your 7-Step Response Plan When the FTC Serves Your Company with a CID

Many in-house counsel and employment lawyers have not dealt with the Federal Trade Commission, which historically has focused on antitrust issues and product markets – but that is fast changing, and that means you need to adjust…more

Antitrust Investigations, Antitrust Violations, Civil Investigation Demand, Enforcement Actions, Federal Trade Commission (FTC)

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

See all updates »

Federal Appeals Court Makes Clear that New York’s Equal Pay Law is Stricter than Federal Law: What Employers Need to Know

A federal appeals court recently made clear that judges must evaluate equal pay claims separately under federal law and New York’s separate equal pay law because the scope of the NY law is broader and could capture more legal…more

Achieve Pay Equity Act (APEA), Appeals, Employer Liability Issues, Equal Pay, Equal Pay Act

See all updates »

3 Major Points to Consider When Deciding Whether to Sue Over Restrictive Covenants and Trade Secret Violations

Restrictive covenant and trade secret litigation is on the rise, and it typically involves an extremely public dispute that can require you to expend significant resources without any certainty of a favorable outcome. Moreover,…more

Confidential Information, Former Employee, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

See all updates »

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration…more

Biden Administration, Collective Bargaining, Collective Bargaining Agreements (CBA), Construction Industry, Construction Project

See all updates »

NY Retailers Must Implement Safety Measures to Combat Workplace Violence: 3 Steps to Compliance

Retail employers in New York will soon need to implement comprehensive safety measures designed to address the increasing problem of workplace violence. Last week, Governor Hochul signed into law the Retail Worker Safety Act…more

Employee Training, New Legislation, New York, Retail Workers, Retailers

See all updates »

Overtime Shockwaves: Federal Appeals Court to Decide Fate of Salary Basis Test in Wake of Groundbreaking SCOTUS Decision

If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the federal…more

Appeals, Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Loper Bright Enterprises v Raimondo

See all updates »

Mexico’s Federal Judiciary Council Announces End to Judiciary Work Stoppage: Key Takeaways for Employers

Mexico: Courts and tribunals will resume work on September 23 after a work stoppage began on August 21 in response to the Judicial Branch Reform. Here’s what employers doing business in Mexico need to know about this…more

Employer Liability Issues, International Labor Laws, Judicial Reform, Labor Reform, Labor Relations

See all updates »

FTC’s New Click-to-Cancel Rule Means Your Business Needs to Simplify the Cancellation Process: 5 Steps to Stay Compliant

The federal government just fundamentally changed how businesses need to handle recurring subscriptions by unveiling its new “Click-to-Cancel” rule and making it mandatory to simplify cancellation processes. Designed to…more

Automatic Renewals, Cancellation Rights, Consumer Contracts, Corporate Counsel, Federal Trade Commission (FTC)

See all updates »

SCOTUS Vaccine Aftermath: What Should Employers Do Now?

The Supreme Court blocked OSHA from enforcing the vaccine mandate-or-test ETS and the agency responded Tuesday by shelving the emergency rule altogether. In some ways, these two developments mean that the pathway for employers…more

Coronavirus/COVID-19, Corporate Counsel, Employer Mandates, Employment Policies, Masks

See all updates »

Do Your Contractors Carry Workers’ Compensation Coverage? How It Can Impact Your Policy and 5 Ways to Prepare for Insurance Audits and Disputes

Workers’ compensation insurance audits can lead to big and unexpected costs for your company, especially now that insurers and state governments are pushing for policyholders to ensure that their independent contractors and…more

Audits, Independent Contractors, Insurance Contracts, Premiums, Subcontractors

See all updates »

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher Phillips…more

Appeals, Citations, Complaint Procedures, Discovery, Electronic Records

See all updates »

Labor Department Creates New Options For Employers To Electronically Distribute Retirement Plan Notices

The Department of Labor recently issued a new rule providing an additional safe harbor for electronic disclosure of pension plan notices effective July 27, 2020. Prior to the new rule, the DOL’s only safe harbor for electronic…more

Benefit Plan Sponsors, Department of Labor (DOL), Disclosure Requirements, Electronic Disclosure, Employee Benefits

See all updates »

7-Eleven Franchisees Are Not Employees Under Massachusetts Law: 5 Tips to Ensure Compliance After Latest Ruling

The Massachusetts Supreme Judicial Court (SJC) just delivered a win for franchisor-franchisee relationships. Specifically, the court held that 7-Eleven franchisees are not performing a “service” for their franchisor, meaning the…more

7-Eleven, ABC Test, Franchise Agreements, Franchisee, Franchisors

See all updates »

Labor Board Rules in Jeopardy in the Post-Chevron Era: What Employers Need to Know

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific federal…more

Administrative Procedure Act, Chevron Deference, Corporate Counsel, Government Agencies, Loper Bright Enterprises v Raimondo

See all updates »

Ohio Employers Should Follow These 6 Steps Now That Recreational Cannabis Sales Have Begun

Ohio employers need to prepare now that legalized recreational cannabis sales have kicked off – and your workers will be able to legally purchase the drug throughout the state. Beginning August 6, Ohioans 21 years of age or…more

Decriminalization of Marijuana, Drug Testing, Employment Policies, Hiring & Firing, Marijuana

See all updates »

So You Think This COVID Thing Has Ended? Not So Fast! 5 Tips for Employers to Prepare for Cold, Flu, and COVID Season

For many businesses, the pandemic seems like a distant memory, but COVID-19 is not entirely behind us. Indeed, as the cold and flu season approaches, the CDC predicts that COVID-19 cases will increase across the country. Such…more

Business Continuity Plans, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employment Policies, Health and Safety

See all updates »

EEOC Says Discrimination Against Caregivers Can Violate Employment Discrimination Laws: Five Takeaways for Employers

Although COVID-19 cases have been steadily decreasing recently, human resources personnel, corporate in-house counsel, and front-line managers continue to grapple with issues surrounding employees’ caregiving obligations in the…more

Caregivers, Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

See all updates »

FP Snapshot on Agriculture: How Federal OSHA’s Proposed Heat Safety Rule Impacts Your Industry

Welcome to FP Snapshot on Agriculture, where we take a quick look at a recent significant workplace law development with an emphasis on how it impacts employers in the agricultural industry. This edition focuses on the…more

Agricultural Sector, Employer Liability Issues, Health and Safety, Heat Exposure, OSHA

See all updates »

The Cybersecurity Threat of COVID-19

As people across the world react to the rapid spread of COVID-19, a new threat is emerging; individuals and employers face a risk from hackers trying to take advantage of the demand for information. Hackers have begun using fake…more

Coronavirus/COVID-19, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

See all updates »

Massachusetts Again Proposes Amendments To Paid Family and Medical Leave Regulations

The Massachusetts Department of Family and Medical Leave (DFML) recently released proposed amendments to the Commonwealth’s Paid Family and Medical Leave regulations, marking yet another proposed change to the state’s nascent…more

Coronavirus/COVID-19, Employee Benefits, Family and Medical Leave Act (FMLA), Paid Leave, Proposed Amendments

See all updates »

Supreme Court’s Same-Sex Wedding Cake Decision Does Not Grant Right To Discriminate

In a 7-to-2 decision, the Supreme Court ruled today that a baker’s Free Exercise Clause rights under the Constitution were not properly considered by the Colorado Civil Rights Commission when it held that he was legally required…more

Administrative Agencies, Anti-Discrimination Policies, Corporate Counsel, Free Exercise Clause, Free Speech

See all updates »

California Governor Confirms Unionization of Agricultural Employees Through “Card Check” Process: Your Top 3 Takeaways

Governor Newsom recently signed a bill into law clarifying that a single alternative to the traditional secret ballot method – an alternative known as the “card check” election – may be used for unions to organize at…more

Agricultural Workers, California, Governor Newsom, New Legislation, Secret Ballot

See all updates »

EEOC Provides Employers With Key Workplace Investigation Tips: Your 5 Biggest Questions Answered

Employers recently received some helpful guidance from federal workplace officials to ensure your workplace investigations run smoothly, comply with legal standards, and put you in the best position to reach a fair and…more

Anti-Harassment Policies, Complaint Procedures, Corporate Culture, Employer Liability Issues, Employment Policies

See all updates »

New Year's Resolution? Review Your Sales Pay Plan

Many dealerships give little thought to their sales pay plans. After all, they’re simple and straightforward, right? X% of the front gross and Y% of the back end gross, plus whatever bonuses you choose to give. About as simple…more

Car Dealerships, Employer Liability Issues, Minimum Wage, Sales Commissions

See all updates »

Snapshot on Manufacturing Industry: 5 Things to Do After FTC Bans Non-Compete Agreements

Welcome to this edition of the FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing…more

Federal Trade Commission (FTC), Hiring & Firing, Manufacturers, Manufacturing Employers, New Rules

See all updates »

Don’t Fear The Reefer, Nevada Employers - Legalization Of Recreational Marijuana Will Not Impact Company Policies

With yesterday’s vote legalizing recreational marijuana in Nevada, some employers might be concerned about the impact that this new law will have on workplaces across the state. However, Nevada employers can rest comfortably:…more

Controlled Substances Act, Decriminalization of Marijuana, Employment Policies, New Regulations

See all updates »

Fisher Phillips Victory Serves As First Blow In One-Two Punch Against Strict Reading Of Vehicle Reimbursement Law

In a win secured by members of Fisher Phillips Wage and Hour Law Practice Group, a Colorado federal court just held that employers may “reasonably approximate” vehicle-related expenses for reimbursement purposes under federal…more

Anti-Kickback Statute, Covered Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Free and Clear Transactions

See all updates »

New Florida Law Blocks Certain Local Workplace Rules: Top 3 Things Employers Should Note

Under a new Florida law, employers will need to turn to state and federal agencies – rather than local governments – for guidance on certain key workplace rules. Specifically, Governor Ron DeSantis signed HB 433 on April 11,…more

Employee Benefits, Federal Labor Laws, Florida, Heat Exposure, New Legislation

See all updates »

California Supreme Court Boosts PAGA Claimants’ Rights in Highly Anticipated Decision: 5-Step Action Plan for Employers

The California Supreme Court ignored guidance from the U.S. Supreme Court Monday when it ruled that employees can still proceed with parts of their lawsuits against employers even if the PAGA portions of their claims are…more

Arbitration, Arbitration Agreements, CA Supreme Court, Employer Liability Issues, Employment Litigation

See all updates »

Email Privacy Act Headed For U.S. Senate Consideration

On July 13, 2018, over 50 civil liberties groups, technology companies, and associations submitted a joint letter to Congress in support of the Email Privacy Act (EPA), which was recently included in the House-passed version of…more

Cloud Service Providers (CSPs), Criminal Investigations, Data Storage, e-Discovery, ECPA

See all updates »

Supreme Court: Small Public Employers Now Subject To ADEA - Is This A Prelude To Individual Liability?

In a unanimous 8-0 decision, the United States Supreme Court issued its first ruling of the new term yesterday and delivered a blow to small public-sector employers fending off age discrimination lawsuits. The Court ruled that…more

ADEA, Age Discrimination, Mount Lemmon Fire District v Guido, Public Employees, Public Employers

See all updates »

SCOTUS Says Court Shouldn’t Have Dismissed Suit While Claims Were Arbitrated: Key Findings + 4 Proactive Steps for Employers

When employers implement arbitration programs, they expect employees to file covered claims in arbitration – but employees often file those claims in court anyway. So, when an employee brings a claim to the courthouse that is…more

Arbitration, Arbitration Agreements, Corporate Counsel, Dismissals, Federal Arbitration Act

See all updates »

What Employers Need To Know About SCOTUS Nominee Amy Coney Barrett

President Trump officially selected Judge Amy Coney Barrett to fill the empty seat on the Supreme Court bench, filling the vacancy caused by Justice Ruth Bader Ginsburg’s death. Assuming she is confirmed by the Senate, Judge…more

Arbitration, Class Action, Collective Actions, Confirmation Proceedings, Corporate Counsel

See all updates »

How Can PEOs Prepare for Evolving Pay Transparency and Equity Trends? 3 Key Questions to Consider

Pay transparency is one of the hottest trends impacting the workforce today. It affects all aspects of workplace relationships – including hiring, recruitment, and retention efforts; supervision and leadership; and compensation…more

Hiring & Firing, Job Ads, Job Applicants, Pay Data, Pay Discrimination

See all updates »

Top 5 Vaccine Takeaways From New California DFEH Guidance

After patiently waiting for COVID-19 vaccine guidance in California, employers now have some clarification from California’s Department of Fair Employment and Housing (DFEH). As somewhat expected, the DFEH’s guidance issued…more

Coronavirus/COVID-19, DFEH, Employer Liability Issues, Employment Policies, Infectious Diseases

See all updates »

Tennessee Veterans Have New Employee Leave Rights

Without much fanfare, Tennessee has a new employee rights law on the books providing veterans with the guaranteed right to take an unpaid day off from work on Veteran’s Day – November 11. This new law was passed by the state…more

Employee Benefits, Employee Rights, Holiday Leave, New Legislation, State Labor Laws

See all updates »

California Employers with Warehouse Distribution Centers Face First-in-Nation Law Regulating Production Quotas

California Governor Gavin Newsom just signed into effect a first-in-the-nation law that specifically targets warehouse distribution centers with complicated restrictions that regulate the use of production quotas. While much of…more

Adverse Employment Action, Anti-Retaliation Provisions, Corporate Counsel, Distribution Centers, Employer Liability Issues

See all updates »

Labor Department to Crack Down on These 7 Workplace Contract Provisions

The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal…more

Attorney's Fees, Confidentiality Agreements, Corporate Counsel, Department of Labor (DOL), Employee Rights

See all updates »

Canada: BC Supreme Court Upholds Mandatory Vaccination Policy for Non-Unionized Employees

The British Columbia Supreme Court recently sided with an employer in its first civil case determining whether employees may be placed on unpaid leave for failing to comply with a mandatory vaccination policy. The court’s…more

British Columbia Supreme Court, Canada, Coronavirus/COVID-19, Employment Litigation, Employment Policies

See all updates »

Vulnerable Vendors: Automakers’ Data Breach Highlights Importance of Vendor Cybersecurity

This summer, several automakers, including Tesla, Toyota, General Motors, Ford, and Volkswagen learned that their closely held trade secrets were readily available on the internet. The source? An unprotected back-up server. The…more

Automotive Industry, Cybersecurity, Data Breach, Data Privacy, Data Protection

See all updates »

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase…more

Affirmative Action, Background Checks, Blockchain, Coronavirus/COVID-19, Corporate Counsel

See all updates »

N.J. Public Works Contractors and Subcontractors Must Submit Certified Payroll Online Starting August 15

Public works contractors and subcontractors in New Jersey are required to submit certified payroll records on an ongoing basis – but starting August 15, those records must be submitted electronically to the New Jersey Department…more

Contractors, Electronic Reporting, New Jersey, Payroll Records, Prevailing Wages

See all updates »

Common Cents: New Trend of Wage Statement Wins for Employers in California and Federal Courts

The hyper-technical nature of California’s wage statement laws, embodied in Labor Code section 226, have made violations of this law a favorite of the plaintiffs’ bar for class and representative actions under the Private…more

Corporate Counsel, Employer Liability Issues, Employment Litigation, Labor Code, Labor Law Violations

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

New Privacy Protections Introduced in Illinois

Illinois has introduced new workplace privacy legislation governing the use of artificial intelligence during the job interview process. The state legislature unanimously passed the Artificial Intelligence Video Interview Act…more

Artificial Intelligence, Biometric Information, California Consumer Privacy Act (CCPA), Cybersecurity, Data Collection

See all updates »

SCOTUS Leaves Businesses Hanging: Your 4-Step Plan to Avoid ADA Accommodation “Tester” Cases

After waiting nearly a year for a decision that would have provided businesses with some much-needed clarity (and hopefully some relief), the Supreme Court tossed from its docket a case involving a legal “tester” who “surfed by”…more

Acheson Hotels LLC v Laufer, Americans with Disabilities Act (ADA), Disability Discrimination, Dismissals, Failure to Accommodate

See all updates »

Maryland Governor Signs New Law Restricting Non-Competes for Healthcare and Veterinary Professionals: 5 Key Takeaways For Employers

A new Maryland law will significantly restrict employers from using non-competition agreements for many healthcare and veterinary professionals. Gov. Wes Moore signed the legislation into law on April 25 – just two days after…more

Employment Contract, Healthcare Workers, Hiring & Firing, Maryland, New Legislation

See all updates »

Labor Board Finds Nothing Special About Burger Chain’s Uniforms - What Employers Need To Know About Latest Uniform Policy Decision

The National Labor Relations Board recently ruled that In-N-Out Burger’s uniform policy, which forbids employees from wearing buttons, pins, or stickers on their uniforms, violated Section 8(a)(1) of the National Labor Relations…more

NLRA, NLRB, Section 8(a), Uniforms, Unions

See all updates »

ERISA Fiduciaries Must Continuously Monitor 401(k) Investment Choices

The U.S. Supreme Court has held unanimously that a plan fiduciary has a continuing duty to monitor investments offered under a 401(k) plan, a duty that is separate and apart from the duty to exercise prudence in selecting…more

401k, Benefit Plan Sponsors, Corporate Counsel, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

See all updates »

Are "Draws" Against Commissions Unlawful "Kick-Backs"?

Media reports have mistakenly suggested that a recent decision by the Sixth Circuit U.S. Court of Appeals (Kentucky, Michigan, Ohio, and Tennessee) found the federal Fair Labor Standards Act to prohibit recouping a draw or…more

Appeals, Collective Actions, Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA)

See all updates »

Interactive Union Organizing Activity Map Reveals 4 Key Trends

While you may think labor unions only impact large corporations or specific industries, FP’s new Union Organizing Activity Map actually shows that smaller businesses are more likely to confront an organizing drive. The map also…more

Corporate Counsel, Labor Relations, Union Elections, Union Membership, Union Organizers

See all updates »

Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage…more

Business Operations, Corporate Counsel, Employee Benefits, Employer Liability Issues, Furloughs

See all updates »

Proposed Regulations Impact Retirement Plans for Certain Part-Time Employees: FAQs for Employers

Employers that sponsor 401(k) or 403(b) plans should be aware of eligibility and participation rules for their long-term, part-time (LTPT) employees. Historically, such plans could exclude employees who worked fewer than 1,000…more

401k, 403(b) Plans, Benefit Plan Sponsors, Eligibility, Employee Benefits

See all updates »

June 2017: The Top 15 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with so…more

Administrative Interpretation, Advocate Health Care v Stapleton, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Benefit Plan Sponsors

See all updates »

California Appeals Court Provides Roadmap for Healthcare Employers to Defeat Discrimination Claims Over Vaccine Mandates

A California Court of Appeal recently delivered valuable guidance for healthcare employers who had or continue to have vaccination mandates. In Hodges v. Cedars-Sinai Medical Center, the court concluded that a hospital did not…more

Disability Discrimination, Employer Mandates, Employment Litigation, Employment Policies, Healthcare Workers

See all updates »

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few…more

Corporate Counsel, Cybersecurity, Data Breach, Data Privacy, Data Protection

See all updates »

Governor Wolf Signs Executive Orders Protecting LGBT State Employees and Contractors from Discrimination

Pennsylvania government employees and contractors are now protected from discrimination based on their sexual orientation, gender expression, and gender identity…more

Executive Orders, Federal Contractors, Gender Discrimination, Governor Wolf, Public Employees

See all updates »

Transformando el Futuro del Trabajo en México: Todo sobre la NOM-037-STPS-2023 y su Impacto en el Home Office

Descubre cómo la Norma Mexicana sobre el Teletrabajo (NOM-037-STPS-2022) está transformando el futuro del trabajo remoto. Esta regulación esencial establece directrices claras para patrones y trabajadores, garantizando un…more

Employee Rights, Employer Responsibilities, Home Offices, Labor Regulations, Mexico

See all updates »

Kentucky OSHA Adopts Emergency Regulation in Line With Fed’s New Rule on “Walkaround” Inspections: What Employers Need to Know and What You Should Do Now

Starting today, Kentucky employees may designate a third party – including union representatives in non-union facilities – to accompany safety inspectors during walkaround inspections. State safety officials adopted an emergency…more

Emergency Rule, OSHA, Public Comment, Public Hearing, Safety Inspections

See all updates »

OSHA Releases First-Ever National Heat Safety Rule: 10 Steps for Employers

In a groundbreaking move, federal workplace safety officials announced yesterday the first-ever national heat stress rule aimed at protecting workers from heat-related illnesses and fatalities. The proposed regulations from the…more

Employee Training, Heat Exposure, OSHA, Proposed Rules, Recordkeeping Requirements

See all updates »

Breaking Ground After Chevron Demolished: What Construction Employers Can Expect in This Next Phase

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking at…more

Administrative Law Judge (ALJ), Chevron Deference, Construction Industry, Construction Workers, Department of Labor (DOL)

See all updates »

Frequently Asked Questions About the FTC’s Rule Banning Non-Compete Agreements

Employers likely have lots of questions as you try to understand the FTC’s new non-compete ban. After all, non-competes have become a tool for businesses of all types and sizes, and if the rule survives legal challenges, it will…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Hiring & Firing

See all updates »

SCOTUS Makes it Harder for Employers to Defend Against Whistleblower Retaliation Claims: Key Takeaways for Businesses

The Supreme Court just rejected an employer’s argument that a whistleblower needs to show the employer acted with retaliatory intent to prove retaliation under the Sarbanes-Oxley Act (SOX), a federal law that protects financial…more

Burden-Shifting, Employer Liability Issues, Employment Litigation, Murray v UBS Securities LLC, Retaliation

See all updates »

Former Employees Who Couldn’t Wait to Leave Their Florida Employer Before Illegally Competing Ordered to Pay Heavy Price

A Florida Circuit Court judge sternly rebuked two former employees of a private South Florida provider of Autism treatment services who began competing illegally with a new employer – while still employed with their old…more

Attorney's Fees, Breach of Contract, Damages, Duty of Loyalty, Employment Contract

See all updates »

Contracts May Not Be All They're Cracked Up To Be: The Extension Of Legal Protections In Employee Contractual Settings

For many years, employers have generally embraced a policy of utilizing at-will employment as often as possible, where employers and employees can end their relationship with each other at any time and for any (legal) reason…more

At-Will Employment, Breach of Contract, Employer Liability Issues, Employment Contract, Health Care Providers

See all updates »

Web Exclusive - Still in Limbo - An Update On The Arbitration Ban For Nursing Home Residents

Pre-dispute arbitration agreements are commonly found in customer contracts and employment contracts, including in many nursing home agreements. For those unfamiliar, arbitration is an alternative dispute resolution method to…more

Arbitration, Arbitration Agreements, Health Care Providers, Long Term Care Facilities, Nursing Homes

See all updates »

Tackling Employee Expense Reimbursements Under New Illinois Law

Illinois employers are collecting receipts and preparing payments to comply with new legislation that requires employers to reimburse employees for business expenses incurred by the employee during the scope of employment…more

Actual Costs, Business Expenses, Company Vehicles, Compensation & Benefits, Employer Liability Issues

See all updates »

10 Biggest Takeaways for Employers as Federal Appeals Court Expands Scope of Anti-Bias Law

One of the nation’s most conservative federal appeals just opened the door for plaintiffs to file more discrimination charges and lawsuits by expanding the scope of the nation’s primary workplace anti-bias law. The full 5th…more

Anti-Discrimination Policies, Bias, Corporate Counsel, Employer Liability Issues, Employment Discrimination

See all updates »

Reconsidering Religious Accommodations In Light Of The Pandemic

With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To that…more

Appeals, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Failure to Accommodate

See all updates »

Federal Education Officials Release Pregnancy-Related Guidance to Assist With Title IX Compliance: 10 Quick Takeaways for Schools

The Department of Education recently released guidance to assist colleges and universities comply with pregnancy-related aspects of the new Title IX regulations that took effect on August 1. The “Nondiscrimination Based on…more

Colleges, Department of Education, Employee Rights, Lactation Accommodation, Leave of Absence

See all updates »

Electronic Devices At School: What Could Possibly Go Wrong?

The reality of life for most employees is that most of them cannot make it through an hour, much less a full school or business day, without checking their smartphones, tablet computers, laptops, and other electronic devices…more

Popular

See all updates »

Is Congress Poised To Reform Laws Affecting The Gig Economy?

In recent months, we’ve blogged about New Year’s predictions for the freelance or gig economy in 2017, New Year resolutions, and what the Trump presidency might mean for gig workers in general, (specifically, the President’s…more

Classification, Employee Benefits, Freelance Workers, Gig Economy, Independent Contractors

See all updates »

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board…more

Banner Health System, Bargaining Units, Browning-Ferris Industries of California Inc., Civility, Class Action Arbitration Waivers

See all updates »

An Employer’s Week-by-Week Guide to Mental Health Awareness Month

May is Mental Health Awareness Month, which creates an opportunity to reflect on the well-being of your workforce. Recent statistics reveal that employees across all industries are now more susceptible to stress, burnout, and…more

Artificial Intelligence, Employee Assistance Programs, Employee Benefits, Employment Policies, Flexible Work Arrangements

See all updates »

Agricultural Employers Could Face Less Oversight, More Uncertainty in the Post-Chevron Era: 3 Steps to Success

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking at…more

Agricultural Sector, Agricultural Workers, Chevron Deference, Government Agencies, H-2A

See all updates »

The Gig Economy and Utility Contractors: Government Agencies Can’t Have It Both Ways

There has been a long tradition of a “gig economy” in the utility contractor field (i.e., cable television, water, sewer, gas and electric). Often installers work by the job and have formalized their businesses by obtaining…more

Gig Economy, Joint Employers, Wage and Hour

See all updates »

Michigan Minimum Wage and Paid Sick Leave Update: New Wage Rates + 6 Paid Sick Leave Answers

Now that fall is well underway, Michigan employers should be reviewing their compensation practices and paid leave policies to ensure compliance with the new requirements taking effect in 2025. As detailed previously, the…more

Employee Benefits, Employment Policies, Minimum Wage, Paid Sick Leave, State Labor Laws

See all updates »

California Private School Hit With $1 Million Verdict for Expelling Students Without “Due Process” – The 3 Steps Your School Should Take

A California jury just punished a private school that expelled two students for off-campus activity with a $1 million dollar verdict – an outcome that should compel schools around the country to ensure they are applying due…more

Due Process, Expulsion, Jury Verdicts, Private Schools, Students

See all updates »

Who Are You? Assessing Employee Skill Sets Through Personality Tests

In Leaders Eat Last, Simon Sinek says “The ability of a group of people to do remarkable things hinges on how well those people pull together as a team.” And anyone who has managed employees can appreciate that varying…more

Best Practices, Employer Liability Issues, Hiring & Firing, Human Resources Professionals, Job Applicants

See all updates »

When Should Health Plan Sponsors Prepare For The Revised 5500? Right Now!

In July 2016, the U.S. Department of Labor (USDOL), the Internal Revenue Service, and the Pension Benefit Guaranty Corporation released proposed revisions to the Form 5500 Annual Return required for certain ERISA-covered…more

Audits, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

See all updates »

New York Employers Must Provide Paid Lactation Breaks: 4 Key Takeaways

Nursing employees now have the right to paid break time to express breast milk during the workday under a New York State law that took effect June 19. This move underscores Governor Hochul’s push for legislation supporting…more

Breastfeeding, Employee Rights, Employment Policies, Guidance Update, Lactation Accommodation

See all updates »

Iowa Latest State to Pass Consumer Privacy Law: 5 Things Employers Need to Know

Iowa will soon be the sixth state in the nation with a comprehensive consumer privacy law – but the good news for employers is that it does not apply to data collected in the employment context and does not include a private…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy, Exemptions

See all updates »

Snap Reaches $15M Settlement Over Alleged Equal Pay Violations: Why the Deal Might Be a Sign of What’s to Come for All Employers

Snapchat’s parent company has agreed to pay $15 million and take extensive measures to ensure fair employment practices as part of settlement to resolve claims of discrimination, harassment, and retaliation against women at the…more

Consent Decrees, Corporate Counsel, Disclosure Requirements, Employer Liability Issues, Employment Discrimination

See all updates »

Employer FAQs on the New and Expansive Anti-Discrimination Rules in Pennsylvania’s Lehigh County

Employers with operations in Lehigh County, Pennsylvania, must comply with a new and expansive anti-discrimination ordinance that took effect June 1. Our FP attorneys developed this series of FAQs to address all employment…more

Anti-Discrimination Policies, Ban the Box, Criminal Records, Employer Liability Issues, Employment Discrimination

See all updates »

“Nepo Babies” Beyond Hollywood: 4 Tips for Managing Nepotism in the Workplace

Famous parents often smooth the road to stardom for their children — even when their kids have earned a place in Hollywood through talent and hard work. After all, getting an audition is easier for the aspiring actor whose mom…more

Employment Discrimination, Employment Policies, Hiring & Firing, Performance Reviews

See all updates »

Federal Authorities Warn Employers Against Ransomware Payouts and Offer New Guidance on Preventing and Responding to Cyberattacks

Federal officials have recently warned employers and businesses that they could have insult added to injury if they respond to cyberattacks by making ransomware payments – increasingly requested through cryptocurrency – as such…more

Bad Actors, Best Practices, Cryptocurrency, Cyber Attacks, Cybersecurity

See all updates »

Fear and Trade Secrets on the Campaign Trail

The Democratic National Committee recently filed a lawsuit against Russia, WikiLeaks, the Trump Campaign, and a bunch of individuals (including Julian Assange, Jared Kushner, and a hacker named “Guccifer 2.0”) that includes…more

Confidential Information, Cybersecurity, Data Protection, Defend Trade Secrets Act (DTSA), Hackers

See all updates »

Pay Transparency Comes to Maryland: 6 Key Takeaways and What You Should Do Next

Maryland is the latest state to jump on the pay transparency bandwagon after Gov. Wes Moore signed new “wage range” requirements into law last month. Beginning October 1, Maryland employers must include salary and benefits…more

Anti-Retaliation Provisions, Disclosure Requirements, Employer Liability Issues, Equal Pay, Good Faith

See all updates »

Promise Kept? USCIS Showing Signs of Improving Immigration Processing Times

Earlier this year, federal immigration officials announced concrete measures to reduce the massive backlog of petitions and applications currently pending at the agency’s National Service Centers – but has this promise been…more

EB-1, EB-2, Employment Authorization Documents (EAD), Form I-129, Form I-140 Petitions

See all updates »

Yahoo Fined $35 Million for Failing to Report Data Breach

On April 24, 2018, the Securities Exchange Commission (SEC) announced a $35 million fine against the company formerly known as Yahoo! Inc. (now known as Altaba, Inc.) for failing to disclose a massive cyber data breach to its…more

Cyber Attacks, Cybersecurity, Data Breach, Enforcement Actions, Failure To Disclose

See all updates »

Home Services Employer Learns the Dangers of Failing to Accommodate Pregnant Employee – 4 Lessons for Employers

The Equal Employment Opportunity Commission (EEOC) recently announced a settlement to resolve a discrimination charge alleging an employer terminated a pregnant employee after she requested a reasonable accommodation to attend…more

Employer Liability Issues, Employment Litigation, Employment Policies, Equal Employment Opportunity Commission (EEOC), Failure to Accommodate

See all updates »

5 Key Takeaways for New Jersey Employers and Staffing Agencies as State Issues Proposed Regulations for Sweeping Temp Labor Law

New Jersey employers that rely on temporary labor are one step closer to fully understanding the contours of the groundbreaking temp worker rights law that recently took effect now that state regulators have released proposed…more

Comment Period, Employee Rights, Employer Liability Issues, Hiring & Firing, New Jersey

See all updates »

Is Unlimited PTO the Answer to Employers’ Great Resignation Concerns? Practical Tips to Unveil a Policy at Your Workplace

A relatively new trend may be key in your employee retention strategy: offering unlimited paid time off to your workforce. Some employers may be nervous about not placing any cap at all on the amount of time your workers can…more

Employee Benefits, Employee Retention, Employment Policies, Paid Time Off (PTO), Sick Leave

See all updates »

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to how a…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Health and Safety, OSH Act

See all updates »

What Employers And Educational Institutions Need To Know About EEOC’s Proposed Guidance On Religious Discrimination

The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and…more

Comment Period, Corporate Counsel, Educational Institutions, Employee Rights, Employer Rights

See all updates »

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and…more

Age Discrimination, Anti-Harassment Policies, Burden of Proof, Colorado, Coronavirus/COVID-19

See all updates »

Breaking News: FTC’s Non-Compete Ban Struck Down For All Employers Nationwide

A Texas federal court just struck down the FTC’s proposed ban on non-competition agreements on a nationwide basis mere weeks before it was set to take effect, meaning employers across the country can breathe a sigh of relief and…more

Administrative Agencies, Administrative Procedure Act, Arbitrary and Capricious, Chevron Deference, Corporate Counsel

See all updates »

Pennsylvania Amends List Of Life-Sustaining Businesses And Outlines Procedures For Seeking Waivers

After ordering all non-life sustaining businesses in Pennsylvania to cease physical operations in a March 18 order, Pennsylvania agreed to delay enforcement of the order until Monday, March 23, at 8 a.m. due to a high volume of…more

Coronavirus/COVID-19, Executive Orders, Governor Wolf, Waivers

See all updates »

Healthcare Employers, Beware: HIPAA Whistleblowers Could Be (Legally) Leaking Protected Health Information

In this day and age, healthcare employers are quite familiar with the Health Insurance Portability and Accountability Act (HIPAA), which protects the disclosure of patients’ confidential health information. After all, in the…more

Attorney-Client Privilege, Confidential Information, Disclosure Requirements, Employer Liability Issues, False Claims Act (FCA)

See all updates »

EEOC Launches New Five-City Trial For Online Employee Inquiries

The Equal Employment Opportunity Commission (EEOC) has just added a fourth option for employees to initiate charges against their employers – an online portal. On March 13, 2017, the agency announced the Online Inquiry and…more

Complaint Procedures, Electronic Communications, Electronic Filing, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

See all updates »

An Employer’s Guide To Managing PTO Donation Requests In The COVID-19 Age

As the pandemic continues to scar wide portions of our society, a number of employees have expressed to their employers an interest in donating their own PTO to help co-workers and community members adversely impacted by…more

Charitable Organizations, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, IRS

See all updates »

Employer’s Cheat Sheet for Election Season

Here’s a handy cheat sheet that summarizes some key points from our Essential FAQs for the 2024 Election Season. Make sure to check out the full series of FAQs to understand your rights and responsibilities…more

Employee Rights, Employer Liability Issues, Employment Policies, NLRA, Political Campaigns

See all updates »

3 Reminders for Employers Mitigating the Risk of Trade Secret Misappropriation in the Face of Mounting Layoffs

While economists continue to debate the prospects for a recession, layoffs are impacting employees across the U.S., and not just in the technology sector. Given the greater potential for trade secret misappropriation in the…more

Confidential Information, Employment Policies, Former Employee, Hiring & Firing, Intellectual Property Protection

See all updates »

California Agency Provides Insights into CCPA Enforcement Priorities: 3 Tips for Staying Off the Enforcement Radar

A recent board meeting of state officials revealed that the California agency responsible for overseeing the state’s landmark consumer privacy law received over 2,000 complaints for alleged violations in the past year alone –…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Collection, Data Privacy

See all updates »

Is Earned Wage Access the Way of The Future? 5 Tips for Employers Seeking to Attract and Retain Talent Through On-Demand Pay

To combat a tight job market and a seemingly shrinking workforce, employers are looking for creative ways to retain and attract talent. An Earned Wage Access policy – a revolutionary employee benefit program that offers…more

Employee Benefits, Employee Retention, Payroll Cards, Wage and Hour, Wage Deductions

See all updates »

5 Things Independent School Boards Can Do To Hone Their Governance Practices

As independent school Boards consider how to best support the mission of their schools, one place they can start is to ensure that their governance documents and procedures conform to both legal requirements and best practices…more

Articles of Incorporation, Best Practices, Bylaws, Employee Evaluations, Ethics

See all updates »

Legally Blind Teaching Applicant Deemed not Qualified Under the ADA: 3 Lessons for Schools

A school district in Texas recently prevailed in a failure-to-hire lawsuit when the court ruled that a legally blind applicant for a teaching position could not demonstrate that she’d have been able to manage student behavior…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Litigation, Essential Functions

See all updates »

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to Prepare

Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on…more

Employee Handbooks, Employee Rights, Employer Liability Issues, Employment Policies, NLRA

See all updates »

PEO Pointers: 3 Steps to Stay in Control of the Joint Employment “Right to Control” Debate

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: the…more

Hiring & Firing, Human Resources Professionals, Joint Employers, New Rules, NLRB

See all updates »

The Virtues And Vices Of Voluntary Attendance Policies In The COVID-19 Era

The COVID-19 pandemic has forced employers to scramble to find novel responses to new workplace challenges, and one such innovation has been the recent rise in voluntary attendance policies. Although these policies often improve…more

At-Will Employment, Attendance, Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

See all updates »

NLRB Deals Blow To Unions’ Ability To Use Fees For Lobbying Purposes

The National Labor Relations Board just decided that private sector unions cannot use fees paid by nonmembers to fund their lobbying efforts. Especially when coupled with last year’s momentous Janus decision at the U.S. Supreme…more

Collective Bargaining, Duty of Fair Representation, First Amendment, Free Speech, Lobbying

See all updates »

Back To The Future: It’s Time To Prepare For A Rollback Of Employer Rights At The NLRB

As you prepare for the prospect of a Biden presidency, businesses large and small should consider the potential impact on decision-making and regulatory reform at the National Labor Relations Board (NLRB) – whether or not your…more

Biden Administration, Collective Bargaining, Employment Policies, Independent Contractors, Joint Employers

See all updates »

How to Prepare for New Obligations Under New Jersey’s Unemployment Compensation Law

New Jersey employers should prepare now for significant new reporting obligations under the state’s Unemployment Compensation Law. Recent amendments will require employers to conduct all communications with the New Jersey…more

Electronic Reporting, Employer Liability Issues, Failure to Comply, Hiring & Firing, Layoffs

See all updates »

Should the Severe Start to Flu Season Lead Your Workplace to Require Flu Shots? 2 Main Considerations for Employers

The Centers for Disease Control and Prevention recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The…more

Employer Mandates, Employment Policies, Infectious Diseases, Reasonable Accommodation, Vaccinations

See all updates »

Are You Prepared For the Upcoming Increases in Nevada’s Minimum Wage and the Elimination of the Long-Standing Two-Tiered System?

It’s not only the temperature that is rising for another scorching Nevada summer but changes in the minimum wage that are guaranteed to create some additional heat this year. Effective July 1, Nevada employers will be required…more

Employee Benefits, Minimum Wage, Nevada, Over-Time, State Labor Laws

See all updates »

Good News for Ohio Employers as Overtime Laws Will Soon Align with Federal Statute

When Ohio Governor DeWine signed Senate Bill 47 into effect on April 6, he handed employers a big win by not only exempting overtime pay for commuting and other off-hours work but also requiring workers to affirmatively “opt in”…more

Class Action, Collective Actions, Fair Labor Standards Act (FLSA), New Legislation, Opt-In

See all updates »

SCOTUS Says Forced Lateral Job Transfers Can Support Discrimination Claims in Some Circumstances: Key Employer Takeaways

An employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – may violate federal civil rights law in some situations if it’s based on discriminatory reasons. According to a SCOTUS ruling…more

Adverse Employment Action, Civil Rights Act, Employee Transfers, Employer Liability Issues, Employment Litigation

See all updates »

The Whistleblowing Just Got Louder: 8 Things Employers Should Do in Response to Feds’ New Whistleblower Awards Program

A new initiative rolled out by federal officials this summer can reward corporate whistleblowers with up to $30 million – which means it is incumbent upon your organization to step up your game when it comes to corporate…more

Corporate Misconduct, Department of Justice (DOJ), Employee Misconduct, Financial Services Industry, Health Care Providers

See all updates »

Here To Stay? 5 Changes to Prepare for as Cal/OSHA Proposes Permanent COVID-19 Standard

Many California employers were hopeful there was an end in sight for COVID-19 requirements – but recent activity from state workplace safety officials means that you will most likely need to comply with pandemic rules for at…more

Cal-OSHA, Coronavirus/COVID-19, Notice Requirements, Proposed Rules, Recordkeeping Requirements

See all updates »

French Open Tennis Can Teach Employers How to Combat Cyberbullying: A 4-Step Plan

The organizers of the French Open have adopted a unique approach to protect the competing athletes from cyberbullying and harassment – and the steps they take could teach employers some lessons on how to combat cyberbullying at…more

Anti-Bullying Laws, Anti-Harassment Policies, Bullying, Cyberbullying, Zero Tolerance Policies

See all updates »

New Law Requires Most California Employers to Develop a Workplace Violence Prevention Program: Your 4-Step Compliance Plan

A new law that took effect last month requires most California employers to develop a workplace violence prevention program, and if you aren’t familiar with your new obligations, now is the perfect time for you to ensure your…more

California, Employee Training, New Legislation, Recordkeeping Requirements, State Labor Laws

See all updates »

New Federal Tools Can Help Private Sector Protect Trade Secrets From Cyberattacks – And May Soon Require Reporting

Cybersecurity was undoubtably on the forefront of the agenda for many organizations in 2020 – and 2021 should be no different. The rapid shift to remote work over the past year has led to an increased number of cybersecurity…more

Chief Information Security Officer (CISO), Confidential Information, Cyber Attacks, Cyber Incident Reporting, Cyber Insurance

See all updates »

August 2020: The Top 17 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month…more

Department of Labor (DOL), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Families First Coronavirus Response Act (FFCRA), Independent Contractors

See all updates »

FP Snapshot on Agriculture: How Federal OSHA’s Proposed Heat Safety Rule Impacts Your Industry

Welcome to FP Snapshot on Agriculture, where we take a quick look at a recent significant workplace law development with an emphasis on how it impacts employers in the agricultural industry. This edition focuses on the…more

Agricultural Sector, Employer Liability Issues, Health and Safety, Heat Exposure, OSHA

See all updates »

It's That Time of Year: Minimum Wage on the Rise in 21 States (Updated)

We previously summarized the state-level minimum wage increases for 2019. As reported, New Jersey subsequently set another increase from $8.85 to $10.00 effective July 1, 2019. We have updated our prior post below, and reference…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Minimum Wage, State Labor Laws, Tip Credit

See all updates »

Back-To-School FAQs For Educational Institutions During The COVID-19 Era

As the country begins to re-emerge amid the COVID-19 pandemic, whether and when any particular school will be ready to return for the upcoming school year and at what level will depend on the individual school, its location, and…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Employer Responsibilities, Health and Safety

See all updates »

How Will the Election and Recent Legislative Trends Impact Tipped Wages? 4 Developments for Hospitality Employers to Watch

There’s been a lot of buzz about tipped wages as Election Day approaches – and hospitality employers will want to track key proposals that may have a huge impact on pay practices. Former President Trump and Vice President Harris…more

Ballot Measures, Department of Labor (DOL), Federal Labor Laws, Hospitality Industry, Income Taxes

See all updates »

“M,” “F,” Or “X”? Nonbinary Gender Designations In The Workplace

You are probably familiar with the concept of transgender status and, even if you haven’t already addressed such a situation at your workplace, you probably have a rough idea of how you would handle a situation involving an…more

Anti-Harassment Policies, Birth Certificates, Dress Codes, Driver's Licenses, EEO-1

See all updates »

All the New California Workplace Laws You Need to Know About For 2025

Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will soon…more

Artificial Intelligence, California, Construction Industry, Crime Victims, Employer Liability Issues

See all updates »

Is My Employee’s French Lavender Pumpkin Cinnamon Swirl Air Freshener a Workplace Safety Violation? 5 Steps to Avoid a Fragrance Fiasco

Those in your workplace who use air fresheners are likely confident they are doing everyone a favor – but could an office air freshener actually lead to an OSHA citation against your organization? Read on to find the surprising…more

Air Quality Standards, Citations, Employer Liability Issues, General Duty Clause, OSHA

See all updates »

Employing Minors in Tennessee – FAQs for Employers

With the labor shortage, you may have started considering expanding your applicant pool to groups of potential employees you had not previously considered, like minors. Even if you have not yet considered hiring minors, you may…more

Child Labor, Employer Liability Issues, Fair Labor Standards Act (FLSA), Hiring & Firing, Minors

See all updates »

Snapshot on Manufacturing: Top 3 Compliance Challenges Stemming from OSHA and Labor Board Collaboration

Welcome to this edition of the FP Snapshot on Manufacturing, where we take a quick snapshot look at recent workplace law developments and examine how they impact employers in the manufacturing industry. In this edition, we’ll…more

Employer Liability Issues, Health and Safety, Manufacturers, Manufacturing Employers, Manufacturing Facilities

See all updates »

Overtime Shockwaves: Federal Appeals Court to Decide Fate of Salary Basis Test in Wake of Groundbreaking SCOTUS Decision

If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the federal…more

Appeals, Corporate Counsel, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Loper Bright Enterprises v Raimondo

See all updates »

Apple Removes VPN Apps from China App Store

Apple’s removal of VPN apps from its app store in China could signal a difficult road ahead for companies doing business there. In March 2017, we posted a summary of China’s new cyber security law (Law) that went into effect on…more

App Developers, App Store, Apple, China, Cybersecurity

See all updates »

Supreme Court Makes It More Difficult for Employers to Deny Religious Accommodations: Your 6-Step Action Plan

Employers now have a higher hurdle to clear when determining whether an employee’s religious accommodation request would cause an undue burden on their business. A mail carrier argued that it was too easy for his employer to…more

Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation, Religious Discrimination

See all updates »

What Dealers Should Do About the CDK Cyberattack

The recent cyberattack that took down CDK Global’s software platform has left dealers scrambling to continue operations. While the immediate focus may have been the potential breach of customer data and the ability to continue…more

Cyber Attacks, Cybersecurity, Data Breach, Dealerships, Payroll Records

See all updates »

Landmark SCOTUS Ruling Strips Power From Federal Agencies: How Today’s Decision Will Impact Your Workplace

The Supreme Court just upended the legal world by significantly reducing the power of federal regulators and placing more authority in the hands of judges – a move that will have a major impact on workplace regulations for years…more

Administrative Interpretation, Administrative Procedure Act, Chevron Deference, Judges, Judicial Interpretation

See all updates »

Getting Unconscious Bias Into Your Company’s Consciousness

If you’re blonde, good-looking, or a man who stands nearly 6 feet tall, lucky you! Financially, you may be doing better than the rest of us. Here’s why: we each make thousands of decisions every day, many of which are informed…more

Bias, Civil Rights Act, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

See all updates »

Department of Education Provides DEI Guidance After SCOTUS Affirmative Action Ruling: 4 Things Colleges and Universities Need to Know

Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Dear Colleague Letter

See all updates »

AI in the Movies: FP Reviews the Best Movies About Artificial Intelligence

Artificial intelligence might just be making major inroads into your workday and personal lives over the last few years, but it has long been a key plot point in some of your favorite movies. In fact, some would say that AI…more

Artificial Intelligence, Entertainment Industry, Machine Learning, Movies, Popular

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2023 Edition

This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Aid, Employee Benefits, Employee Privacy Rights, Employer Liability Issues

See all updates »

Did You Suffer A Data Breach Under Colorado Law? The Answer May Surprise You

If someone accessed your business’s computer systems without your authorization, did you suffer a data breach under Colorado law? Answering this question correctly is critical, because getting it wrong can expose you to…more

Covered Entities, Cybersecurity, Data Breach, Data Protection, Data Security

See all updates »

Hospitality Update, No. 4, December 2012: Let Me Take A Look At That Tattoo

There is no question that tattoos, body piercings, and other forms of self-expression have become commonplace in modern society, especially among the Gen X and Gen Y demographic. As a result, employers have to deal with these…more

Appearance Policy, Resorts & Restaurants, Title VII

See all updates »

SCOTUS Punts Question Of Who Decides Arbitrability, Leaving 5th Circuit Decision To Stand

The U.S. Supreme Court just refused to address the question of whether a carve-out in an arbitration agreement exempting certain claims from arbitration also exempts those claims from the agreement’s delegation of arbitrability…more

Arbitration, Arbitration Agreements, Arbitrators, Carve Out Provisions, Certiorari

See all updates »

5 Tips for Employers to Avoid a Fumble Ahead of Super Bowl Sunday

More than 100 million people are expected to watch Super Bowl LVII on February 12 – including many of your employees. Maybe they’re avid fans or perhaps they’re simply tuning in for the commercials or halftime show. Either way,…more

Attendance, Dress Codes, Employment Policies, Lost Productivity, Sports Gambling

See all updates »

Feds on Verge of First-Ever Successful Criminal Prosecution in Workplace Antitrust Action: 6 Compliance Tips for Employers

The U.S. Department of Justice appears to be close to reaching a plea deal that would result in the nation’s first-ever successful criminal prosecution of a workplace-related antitrust matter – and it should send a clear message…more

Antitrust Violations, Corporate Counsel, Criminal Prosecution, Department of Justice (DOJ), Employer Liability Issues

See all updates »

SCOTUS Landmark Ruling Will Impact Workplace Immigration: A 5-Step Action Plan for Employers Post-Chevron

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking at…more

Chevron Deference, Employee Retention, Foreign Nationals, Government Agencies, Hiring & Firing

See all updates »

Is This the End of Employee Timecard Rounding in California? 3 Steps for Employers to Take After Recent Ruling

The California Court of Appeal issued a blow to employers this week by taking yet another step toward eliminating their ability to round employee time punches. Although the California Supreme Court will ultimately weigh in, you…more

California, Employer Liability Issues, Employment Litigation, Rounding, Time Cards

See all updates »

Deepfake Scammers Steal $25 Million From Company: 5 Ways You Can Avoid Being Victim to Latest AI Nightmare

A group of scammers recently used deepfake technology – now readily available to just about anyone – to trick a finance employee into paying them over $25 million of corporate funds. This might be one of the world’s biggest…more

Artificial Intelligence, Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection

See all updates »

Frequently Asked Questions for Employers About OSHA (Updated for 2024)

Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher Phillips…more

Appeals, Citations, Complaint Procedures, Discovery, Electronic Records

See all updates »

Does The NLRB Have Jurisdiction Over Your University?

Although a religious college recently scored a victory in its battle against unionization, the legal decision and the proceedings that led to that decision could be somewhat troublesome for your educational institution. All…more

AFL-CIO, Colleges, Faculty, NLRB, Religious Discrimination

See all updates »

Automatic 540-Day Extension of Certain EAD Renewals Will Expire for Foreign National Workers in October: What Should Employers Do to Prepare?

By the end of October, a temporary rule that has been allowing certain foreign nationals to receive an increased period of automatically extended authorization to work in the United States for the past year will expire – and…more

Corporate Counsel, Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, Form I-765

See all updates »

7 Key Takeaways for Employers as Illinois Passes Groundbreaking Restrictive Covenant Agreement Law

Illinois Governor J.B. Pritzker recently signed a new law into effect that amends the Illinois Freedom to Work Act (IFWA) and creates greater obstacles for employers when it comes to the enforceability of restrictive covenants…more

Corporate Counsel, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

See all updates »

4 Steps to Prepare for Kenya’s Proposed “Right to Disconnect” Law

Kenya has taken a significant step in addressing the balance between work and personal life by introducing a “right to disconnect” law. The Employment (Amendment) Bill 2022, which is pending before the Kenyan Senate, would give…more

Electronic Communications, Email, Employee Rights, Employment Policies, Kenya

See all updates »

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some…more

B-1, Business Visitor, E-2, E-3, Employee Transfers

See all updates »

Your Third-Party Website Vendors Might Be Exposing Your Business to a New Theory of Liability: 3 Steps You Should Consider Right Now

What do a nearly 60-year-old statute on wiretapping and your website have in common? Enough to potentially impose liability on your organization, according to recent lawsuits. We have seen an astronomical increase in wiretapping…more

CIPA, Data Brokers, Digital Service Providers, Invasion of Privacy, Opt-In

See all updates »

It’s Time for New Jersey Employers to Register for State-Administered Retirement Savings Program

If your New Jersey business doesn’t sponsor a retirement savings program, it’s time for you to create a system allowing workers to sock away retirement money through automatic payroll deductions. Thanks to the New Jersey Secure…more

Employee Benefits, Payroll Deductions, Registration Requirement, Retirement Plan, Savings Plans

See all updates »

Unionized Covid-19 Loan Recipients Face Troubling Non-Abrogation Commitment

In an increasingly desperate business climate, thousands of businesses are expected to apply for emergency loans created by the Coronavirus Aid Relief and Economic Security Act (CARES Act) – but unionized employers may want to…more

Abrogation, Bankruptcy Code, Borrowers, CARES Act, Collective Bargaining

See all updates »

What K-12 Independent Schools Should Know about the New Federal Overtime Rule and 5 Steps You Can Take Now

A new federal rule will soon make millions of salaried workers eligible for overtime pay – forcing K-12 independent schools to act quickly to evaluate which employees are covered in order to comply, while balancing budgetary…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees, Minimum Salary

See all updates »

Avoiding Invasion of Privacy Claims When Using Employee Monitoring Software

Computer technology in the workplace is, in many ways, a double-edged sword. It allows for increased efficiency, instant communication, worldwide collaboration, vast data storage, and information security. These real, practical,…more

Employee Monitoring, Employee Privacy Rights, Employer Liability Issues, Employment Policies, Intrusion Upon Seclusion

See all updates »

California Supreme Court Hands Employers Rare PAGA Win by Limiting Powers of Additional Non-Party Plaintiffs

The California Supreme Court just held that a plaintiff in one PAGA action does not have the right to intervene or object to a judgment in a similar action even if a settlement or other resolution in that similar case results in…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Labor Law Violations, Motion To Intervene

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

OFCCP Launches New Electronic Portal for Construction Contractors

Federal officials recently launched a new online portal allowing construction contractors, federal agency contracting officers, and applicants for construction contract federal assistance a secure electronic means to submit…more

Construction Contracts, Construction Industry, Corporate Counsel, General Contractors, Notification Requirements

See all updates »

Washington Supreme Court Grants Dairy Workers Overtime Pay As Fundamental Right, Raising Concerns For Agricultural Employers

In a sweeping 5-4 opinion last week, the Washington Supreme Court held that dairy workers are entitled to overtime pay, concluding that a state statutory exemption violated the Washington State Constitution. For the previous 60…more

Agricultural Workers, Dairy Farmers, Employer Liability Issues, Farm Workers, Farms

See all updates »

Oregon's New Paid Sick Leave Law: An Overview

On June 22, 2015, Oregon became the fourth state to enact a statewide mandatory paid sick leave law, following California, Connecticut, and Massachusetts. The bill, signed into law by Governor Kate Brown, requires Oregon…more

Employee Rights, Employer Mandates, New Legislation, Paid Leave, Paid Sick Leave Act

See all updates »

How Employers Can Avoid Employment Fumbles and Win on Super Bowl Sunday

The stage has been set for Super Bowl LVI on February 13 – the Cincinnati Bengals will be playing the Los Angeles Rams in the Rams’ home stadium. This game is annually the most watched television broadcast event, with over 90…more

Attendance, Dress Codes, Employment Policies, Lost Productivity, Sports Gambling

See all updates »

Big Wiretapping Win for Businesses in Massachusetts Data Privacy Case: 5 Compliance Reminders for Website Tracking Software

Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record or…more

Consent, Consumer Privacy Rights, Cookies, Data Collection, Data Privacy

See all updates »

7 Steps Your Business Must Take to Comply with San Francisco’s New High-Risk Environment Vaccine Mandate

San Francisco Mayor London Breed just announced enhancements to the city’s Department of Public Health Order setting forth new vaccination requirements for high-contact indoor business such as gyms, restaurants, bars, and…more

Coronavirus/COVID-19, Covered Employer, Employer Liability Issues, Employment Policies, Health and Safety

See all updates »

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas…more

Business Closures, Centers for Disease Control and Prevention (CDC), Charitable Donations, COBRA, Coronavirus/COVID-19

See all updates »

California Court Rules That Egg Retrieval and Freezing Procedures Do Not Qualify for Pregnancy Protection – But Employers Should Tread Carefully

A recent decision from the California Court of Appeal concluded that a worker could not advance a pregnancy discrimination claim based on alleged mistreatment following egg retrieval and freezing procedures – but employers…more

Employment Litigation, FEHA, Hiring & Firing, Pregnancy Discrimination, Pregnant Workers Fairness Act

See all updates »

August 2020: The Top 17 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month…more

Department of Labor (DOL), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Families First Coronavirus Response Act (FFCRA), Independent Contractors

See all updates »

Hospitality Industry Braces for NYC’s Safe Hotels Act: Top Things Employers Need to Know About What Could Become a Nationwide Trend

New rules regulating hotels in NYC will likely take effect next May if Mayor Adams soon signs the Safe Hotels Act, which the City Council just passed by an overwhelming majority on October 23. NYC lawmakers are aiming to address…more

City of New York, Employee Training, Hospitality Industry, Hotels, Human Trafficking

See all updates »

Big Wiretapping Win for Businesses in Massachusetts Data Privacy Case: 5 Compliance Reminders for Website Tracking Software

Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record or…more

Consent, Consumer Privacy Rights, Cookies, Data Collection, Data Privacy

See all updates »

Nursing Facilities Ordered to Pay $36M in Overtime Suit: 9 Wage and Hour Tips for Healthcare Employers

A group of nursing facilities in Pennsylvania was recently ordered to pay a whopping $36 million in overtime pay and damages to workers who claimed their employers deliberately paid them less than they actually earned. After an…more

Department of Labor (DOL), Employer Liability Issues, Employment Litigation, Fair Labor Standards Act (FLSA), Healthcare Workers

See all updates »

Recent Snowflake Data Breach Exposes Dangers of Third-Party Data Platforms: Your 5-Step Plan After Suffering a Data Breach

When a prominent cloud storage company recently suffered a critical data breach that quickly developed into one of the largest data breaches of all time, it served as a wake-up call to companies to ensure that their data…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

See all updates »

5 Steps to Curb COVID Fatigue Among Healthcare Heroes

The COVID-19 pandemic continues to highlight both the heroism of and challenges facing frontline healthcare workers. Like the rest of us, these heroes are still human and are no doubt experiencing fatigue. According to the…more

Coronavirus/COVID-19, Employee Assistance Programs, Health and Safety, Health Care Providers, Healthcare Workers

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Governor Signs Sweeping Changes to Untangle Oregon’s Jumbled Leave Laws: Key Takeaways and a 5-Step Action Plan for Employers

Governor Kotek signed a bill into law today harmonizing Oregon’s overlapping and confusing set of leave laws. The new framework distinguishes different types of leave events under the state’s various laws and stops those leaves…more

Bereavement Leave, Corporate Counsel, Employee Benefits, Leave of Absence, Medical Leave

See all updates »

AI in the Movies: FP Reviews the Best Movies About Artificial Intelligence

Artificial intelligence might just be making major inroads into your workday and personal lives over the last few years, but it has long been a key plot point in some of your favorite movies. In fact, some would say that AI…more

Artificial Intelligence, Entertainment Industry, Machine Learning, Movies, Popular

See all updates »

Pay Transparency in the Green Mountain State: Vermont Adopts New Pay Equity Law

Vermont will soon join nine other states across the country which require employers to disclose compensation in job postings. Governor Phil Scott signed the bill into law Tuesday and it will take effect on July 1, 2025 — which…more

Corporate Counsel, Disclosure Requirements, Hiring & Firing, Job Ads, Job Applicants

See all updates »

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim

Nevada Employer Pays $3.5 Million To Settle “100-Percent Healed” Claim - Slots chain employer Dotty’s recently agreed to pay $3.5 million to settle litigation alleging its “100-percent-healed” policy discriminates against…more

Americans with Disabilities Act (ADA), Class Members, Consent Decrees, Corporate Counsel, Disability Discrimination

See all updates »

Open Enrollment Season in the Workplace: 5 Legal Considerations + Employer Takeaways

Open enrollment season can put a spotlight on the many complex rules applicable to employer-sponsored health and welfare plans. As you announce your benefit offerings for the upcoming plan year and tirelessly work to inform…more

Affordable Care Act, Applicable Large Employers (ALE), Cafeteria Plans, COBRA, Disclosure Requirements

See all updates »

Adding Insult to Injury: Employers Facing COVID-19-Related Lawsuits Commonly Face Tacked-On Wage and Hour Claims

It’s never good news to hear that you have been sued, but lately the flood of COVID-related cases come with something extra – wage and hour claims. In essence, former employees who are retaining counsel for claimed wrongful…more

Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employment Litigation, Former Employee

See all updates »

Frequently Asked Questions About the FTC’s Rule Banning Non-Compete Agreements

Employers likely have lots of questions as you try to understand the FTC’s new non-compete ban. After all, non-competes have become a tool for businesses of all types and sizes, and if the rule survives legal challenges, it will…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Hiring & Firing

See all updates »

Weekly Checklist: How Stay Interviews Can Help Curb Career Cushioning

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace relations…more

Employee Retention, Hiring & Firing, Human Resources Professionals, Interviews, Recruitment Policies

See all updates »

Fisher Phillips’ Win Over State OSHA Quota Plan Could Help Employers Across the Country

When Fisher Phillips attorneys recently secured a key victory over a state OSHA plan that was improperly trying to create a quota system to encourage investigators to issue citations and assess penalties, it opened the door for…more

Citations, Employer Liability Issues, Fourth Amendment, OSH Act, OSHA

See all updates »

How Can Employers Prepare for California’s New Cannabis Laws? Answers to Your Top 4 Compliance Questions

Two new employment-related cannabis laws will soon take effect in California, which may prompt changes to your employee handbooks and workplace policies. One law adds new employee protections for off-the-job cannabis use, and…more

California, Drug Testing, Employee Handbooks, Employment Policies, Hiring & Firing

See all updates »

LA County's “Fair Chance Ordinance” Just Took Effect: What Employers Must Know About the Strict Criminal History Rules and New Era for Hiring Practices

Los Angeles County’s “Fair Chance Ordinance” took effect today, requiring employers in the unincorporated areas of the county to comply with criminal background check rules that are more restrictive than those that apply…more

Background Checks, California, Criminal Background Checks, Employer Liability Issues, Fair Chance Act

See all updates »

Workplace Law Update For Washington Employers, Summer 2018 Edition

Washington’s lawmakers and regulators have not taken a summer holiday this year, remaining active by passing new regulations based on legislation from the last legislative cycle or reacting to new case law by creating new legal…more

Amended Legislation, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues

See all updates »

Colorado Lawmakers Pass Landmark AI Discrimination Bill – and Employers Across the Country Should Take Notice

Colorado is close to becoming the first state to enact a law prohibiting employers from using artificial intelligence to discriminate against their workers – and requiring companies to take extensive measures to avoid such…more

Algorithms, Artificial Intelligence, Colorado, Disclosure Requirements, Employer Liability Issues

See all updates »

Supreme Court Makes It More Difficult for Employers to Deny Religious Accommodations: Your 6-Step Action Plan

Employers now have a higher hurdle to clear when determining whether an employee’s religious accommodation request would cause an undue burden on their business. A mail carrier argued that it was too easy for his employer to…more

Civil Rights Act, Employer Liability Issues, Groff v DeJoy, Religious Accommodation, Religious Discrimination

See all updates »

Court Permits Website Accessibility Lawsuit Against Hooters To Proceed

A federal appeals court just breathed new life into a disability access lawsuit filed against restaurant chain Hooters, permitting a blind plaintiff who claims he could not access the company’s business website to proceed with…more

Americans with Disabilities Act (ADA), Appeals, Employer Liability Issues, Hospitality Industry, Popular

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Preparedness, Employee Assistance Programs, Employee Benefits, Employee Privacy Rights

See all updates »

Two Recent Federal Court Decisions Conflict with Exception to FTC Non-Compete Ban: Your 3 Steps for Litigating Accrued Non-Compete Violation Claims

Even though the FTC’s impending rule that will ban most non-competition agreements specifically carves out claims for violations that accrue before the rule goes into effect – an exception that many federal courts have…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Employment Litigation, Exceptions

See all updates »

Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not your…more

Dress Codes, Employee Rights, Employer Liability Issues, Employment Policies, Fast-Food Industry

See all updates »

An Employer’s 7-Step RIF and Layoff Blueprint for 2023

An unfortunate result of the current state of economic uncertainty is that many employers have begun to consider reductions-in-force or other layoffs. However, you need to ensure you carry out any RIFs or layoffs correctly if…more

Employee Retirement Income Security Act (ERISA), Involuntary Reduction in Force, Layoffs, NAFTA, OWBPA

See all updates »

Do Your Contractors Carry Workers’ Compensation Coverage? How It Can Impact Your Policy and 5 Ways to Prepare for Insurance Audits and Disputes

Workers’ compensation insurance audits can lead to big and unexpected costs for your company, especially now that insurers and state governments are pushing for policyholders to ensure that their independent contractors and…more

Audits, Independent Contractors, Insurance Contracts, Premiums, Subcontractors

See all updates »

California Court Expands Tools for Invalidating Arbitration Agreements: 3 Steps Employers Can Take Now

A California appeals court recently ruled that a federal law preventing employers from requiring sexual harassment claims to be arbitrated also blocks arbitration of all other claims alleged as part of the same case. While this…more

Appeals, Arbitration, Arbitration Agreements, Federal Labor Laws, Mandatory Arbitration

See all updates »

Defense Strategy: Interactive Process Can Be Used To Defeat ADA Claims

Most employers are well aware that the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees or applicants who indicate they have a disability and may require some type of…more

Americans with Disabilities Act (ADA), Appeals, Best Management Practices, Disability Discrimination, Interactive Process

See all updates »

U.S. Eases Burden on Businesses by Lifting COVID-19 Vaccine Requirement for International Travelers

The COVID-19 vaccination requirement for international travelers will end on May 11, along with the end of the related public health emergency, according to a recent announcement from the Biden administration. The removal of the…more

Biden Administration, Business Visitor, Coronavirus/COVID-19, Foreign Workers, Green Cards

See all updates »

Employees Can Renew Their H-1B Visas Stateside as of January 29: An Employer’s 4-Point Plan

We told you that stateside H-1B visas were on their way back – and now we have a date. Starting January 29, H-1B visa holders will be allowed to renew their expiring or about-to-expire visas without leaving the U.S. This…more

Foreign Nationals, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, US Department of State

See all updates »

July 2017: The Top 12 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,…more

Ashley Madison, CA Supreme Court, Class Action, Data Breach, Department of Labor (DOL)

See all updates »

Landmark SCOTUS Ruling Strips Power From Federal Agencies: How Today’s Decision Will Impact Your Workplace

The Supreme Court just upended the legal world by significantly reducing the power of federal regulators and placing more authority in the hands of judges – a move that will have a major impact on workplace regulations for years…more

Administrative Interpretation, Administrative Procedure Act, Chevron Deference, Judges, Judicial Interpretation

See all updates »

Harris v. Trump: The Definitive Workplace Law Preview for Employers

Either Kamala Harris or Donald Trump will be our nation’s next president – and the impact on workplace law will be significant regardless of who prevails. During their campaign trails, each candidate has provided some clues on…more

Artificial Intelligence, Federal Labor Laws, Gig Economy, Hospitality Industry, Immigration Procedures

See all updates »

Enjoy The Ride! Texas Ride-Sharing Businesses Can Now Escape Misclassification Battles

Texas Governor Greg Abbott just signed into law a measure that will regulate ride-sharing companies (H.B. 100) by establishing a consistent statewide framework to govern such businesses. The good news for ride-sharing…more

Gig Economy, Governor Abbott, Independent Contractors, Lyft, Misclassification

See all updates »

California Court Ushers In Sweeping Changes For Scheduling Policies

A California Court of Appeal just announced a sweeping change in California’s reporting time pay rules which now prohibits a common scheduling practice used by employers throughout the state (Ward v. Tilly’s, Inc.). Tuesday’s…more

Appeals, Call-In Pay, Corporate Counsel, Employer Liability Issues, Employment Policies

See all updates »

Hazard Pay Now in Effect For San Francisco Grocery and Retail Pharmacy Workers

The San Francisco Board of Supervisors unanimously approved San Francisco’s COVID Related Hazard Pay Emergency Ordinance, which temporarily requires large grocery and retail pharmacy stores, like drug stores, and the janitorial…more

Coronavirus/COVID-19, Essential Workers, Grocery Store Workers, Grocery Stores, Hazard Pay

See all updates »

Do Your Employees Get Time Off to Vote? A State-By-State Guide for Employers

Election Day will be here before we know it, and with record-breaking turnout expected in some states, it's essential to understand your obligations regarding employee voting leave. Do you know the rules that apply to your…more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Regulations, Presidential Elections

See all updates »

California Employers Have Until May 8 to Report Pay Data: Your 3-Step Compliance Plan

Attention, California employers: You only have until May 8 to report last year’s pay data to the state, and you need a plan of action in order to comply with this stringent law. The good news is that the state published detailed…more

California, Data Collection, Deadlines, Labor Contractor, Pay Data

See all updates »

Immigration Planning: Top 5 Options for Manufacturing Companies to Hire Foreign Nationals

The manufacturing industry has been facing a significant skilled labor shortage for years, and the COVID-19 pandemic has only exacerbated this issue. With the industry in constant need of skilled workers, manufacturers often…more

F-1 Visa, Foreign Nationals, Foreign Workers, H-1B, Hiring & Firing

See all updates »

“We’ve Received A PAGA Notice – Now What?” An Employer’s 10-Step Guide

If you’ve received a PAGA notice, you can count yourself as one of several thousands of California employers who receive one every year. In fact, 2018 saw a record number of PAGA claims—over 5,700, a 15 percent jump from…more

Audits, Class Certification, Labor Code, Labor Law Violations, Notice Requirements

See all updates »

School DEI Programs Feel the Impact as Courts Continue to Define Boundaries: 3 Key Takeaways from a Recent Ruling

We’re starting to see courts define the boundaries of permissible DEI programs in the aftermath of last year’s SCOTUS decision limiting “race conscious” programs such as affirmative action in college admissions. For example, a…more

Affirmative Action, College Admissions, Colleges, Diversity, Race Discrimination

See all updates »

Court Decision Raises FMLA Retaliation Standard: 3 Ways You Can Avoid Violations When Employees Request Leave

A federal appeals court recently raised the bar for employees who want to bring retaliation claims after they request Family and Medical Leave Act leave – but this doesn’t mean that employers should let their guard down. Thanks…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing

See all updates »

A Sobering Reality for Craft Breweries: 5-Step Action Plan to Address Workplace Harassment

The brewing industry has been overwhelmed over the past few weeks with numerous accounts of employees claiming harassment, gender discrimination, and toxic work environments. What started as one woman’s account of harassment on…more

Anti-Harassment Policies, Breweries, Employee Training, Employer Liability Issues, Employment Policies

See all updates »

Colorado Employers Brace for Confirmation that Public Health Emergency Leave Applies to Monkeypox

Given the recent federal declaration of a public health emergency to stop the monkeypox outbreak, Colorado employers are bracing for, what, if anything, more they should be doing to address the latest threat. In addition to our…more

Colorado, Employment Policies, Infectious Diseases, Paid Sick Leave, Public Health Emergency

See all updates »

How Will the Election and Recent Legislative Trends Impact Tipped Wages? 4 Developments for Hospitality Employers to Watch

There’s been a lot of buzz about tipped wages as Election Day approaches – and hospitality employers will want to track key proposals that may have a huge impact on pay practices. Former President Trump and Vice President Harris…more

Ballot Measures, Department of Labor (DOL), Federal Labor Laws, Hospitality Industry, Income Taxes

See all updates »

Protecting Students From Peer-To-Peer Sexual Misconduct: The Struggle To Decide Higher Education’s Proper Role

Colleges and universities are squeezed between a rock and a hard place when it comes to complying with Title IX’s requirements for responding to student-on-student allegations of harassment, discrimination, assault, and sexual…more

Anti-Discrimination Policies, Anti-Harassment Policies, Colleges, New Rules, Peer-to-Peer

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

No Shirt, No Vax, No Service: Tips on Enforcing Vaccine Mandates with Guests to Stay Out of Hot Water

On the heels of the FDA’s full approval of the Pfizer vaccine, several major U.S. cities are requiring vaccines for entry to restaurants, shops, and entertainment facilities – and some businesses are instituting their own…more

Coronavirus/COVID-19, Employer Mandates, Health and Safety, Hospitality Industry, Infectious Diseases

See all updates »

Feds File First Lawsuit Under Pregnant Workers Fairness Act: 8 Compliance Reminders for Employers

The federal agency that enforces workplace anti-discrimination laws is suing an employer for allegedly failing to accommodate an employee’s known pregnancy-related limitations, the first-ever lawsuit filed under the new federal…more

Corporate Counsel, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Failure to Accommodate

See all updates »

Columbus Salary History Ban Takes Effect March 1: Top 5 Tips for Employers

Columbus has joined Cincinnati and Toledo — as well as many other cities and states across the country — in adopting a salary history ban. Employers with at least 15 employees operating within the city of Columbus are barred…more

Employer Liability Issues, Equal Pay, Hiring & Firing, Job Applicants, Local Ordinance

See all updates »

Labor Department to Crack Down on These 7 Workplace Contract Provisions

The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal…more

Attorney's Fees, Confidentiality Agreements, Corporate Counsel, Department of Labor (DOL), Employee Rights

See all updates »

Could SpaceX Change the Labor Board’s Future? Here’s What Employers Need to Know

SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as…more

Administrative Law Judge (ALJ), Administrative Proceedings, Article II, Constitutional Challenges, Due Process

See all updates »

What Governor Edwards’ Stay-At-Home Order Means For Louisiana Employers

Louisiana Governor John Bel Edwards recently issued Executive Proclamation Number 33 JBE 2020, requiring all residents of the state to remain in their homes until April 13. The Order, which went into effect at 5:00 p.m. CDT on…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Edwards, Health and Safety

See all updates »

Sometimes Less Is More: Background Check Disclosures Can Go Too Far and Lead to FCRA Violations

Under federal law, an employer that conducts a background check for an applicant or employee must first provide written notice, also known as a disclosure, to that individual – but recent court decisions demonstrate how…more

Background Checks, Class Action, Criminal Background Checks, Disclosure Requirements, Employer Liability Issues

See all updates »

Get Ready for NLRB Rule Making It Harder to Decertify Unions: 5 Key Steps for Employers

A new labor regulation is set to take effect on September 30 that could make it harder for workers to undo union representation. In a long-anticipated move, the National Labor Relations Board (NLRB) ditched agency rules issued…more

Decertification, Labor Regulations, New Regulations, NLRB, Unfair Labor Practices

See all updates »

Washington Just Turned Many Non-Solicitation Agreements into Illegal Non-Competes: Tips on How You Can Still Protect Your Business

Washington state law just changed in a way that might have made your company’s non-solicitation agreements unenforceable and illegal. Recent amendments to the state non-compete statute took effect on June 6 and significantly…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Tennis Coach Wins First Set In Gender Bias Match Against University

It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,…more

Adverse Employment Action, Bias, Coaches, Educational Institutions, Employment Discrimination

See all updates »

Reminder: Nevada Paid Leave Law Takes Effect January 1

Nevada employers will soon have a very important New Year’s resolution to complete: complying with the state’s first-ever paid leave law. Effective January 1, 2020, all private employers with 50 or more employees in Nevada will…more

Anti-Retaliation Provisions, Employee Benefits, Employer Liability Issues, Employment Policies, New Legislation

See all updates »

New COVID-19 Restrictions Placed On North Carolina Employers

As cases of COVID-19 continue to spike across the country, North Carolinians must abide by more stringent restrictions under a Modified Stay-at-Home Order released yesterday. While the Order continues requirements for face…more

Business Closures, Coronavirus/COVID-19, Employer Responsibilities, Employment Policies, Health and Safety

See all updates »

How Florida’s New Bathroom Law Will Impact Schools, Public Employers, and Businesses

Florida lawmakers passed a bill on Wednesday that will make it a crime for individuals to use certain bathrooms that don’t align with their gender at birth, raising many questions for schools, public employers, and businesses in…more

Colleges, Educational Institutions, Employer Liability Issues, Employment Policies, Florida

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Preparedness, Employee Assistance Programs, Employee Benefits, Employee Privacy Rights

See all updates »

Tech Employers Should Consider These 5 Key Issues Before Conducting Reductions in Force

Despite notable workforce reductions in 2022 and 2023, layoffs in the tech industry are still prevalent as 2024 wraps up. The layoffs range from large employers to smaller-sized startups that are focused on profitability and…more

Furloughs, Hiring & Firing, Involuntary Reduction in Force, Layoffs, Technology Sector

See all updates »

Landmark Privacy Regulations Could Soon Require Colorado Employers to Comply With Biometric Info Law: 3 Tips to Stay Protected

Colorado employers could soon need to comply with the disclosure and consent requirements of the state’s privacy act when they collect biometric identifiers from employees or applicants – which would make Colorado the first…more

Biometric Information, Colorado, Consent, Data Collection, Data Privacy

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

What Employers Should Know About Upcoming Increases to Nevada’s Minimum Wage

Crank up the air conditioning in your offices and get prepared to increase your Nevada employees’ minimum wages. Beginning July 1, employers will be required to pay a minimum wage of $9.50 per hour or $10.50 per hour depending…more

Employer Liability Issues, Minimum Wage, Nevada, Over-Time, State Labor Laws

See all updates »

Florida’s Minimum Wage Will Rise Again on September 30: What Employers Need to Know and What You Should Do Next

Florida’s minimum wage will rise yet again on September 30, jumping to $13/hour (and to $9.98 for tipped workers) as part of a series of scheduled increases approved by voters in 2020. While employers across the Sunshine State…more

Employer Liability Issues, Labor Reform, Labor Regulations, Minimum Wage, State Labor Laws

See all updates »

Hospitals, Skilled Nursing Facilities Targeted for COVID-19 Scrutiny – 5 Steps to Help Ensure You are Ready for Federal Initiatives

For the second time in a week, key members of the healthcare provider community are the focus of an announcement promising more pandemic-related scrutiny from a federal agency. The Occupational Safety and Health Administration…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Health Care Providers, Hospitals, Infectious Diseases

See all updates »

Irvine Hotels Must Prepare for Workload Limitations Law to Take Effect Next Week: Your 10-Step Compliance Plan

Starting next week, hotel employers in Irvine must be ready to implement additional requirements of the city’s new Hotel Worker Protection Ordinance – including stringent workload limitations for room attendants. While certain…more

Hospitality Industry, Hotels, New Legislation, Notice Requirements, Over-Time

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Preparedness, Employee Assistance Programs, Employee Benefits, Employee Privacy Rights

See all updates »

What Employers Should Know About Upcoming Increases to Nevada’s Minimum Wage

Crank up the air conditioning in your offices and get prepared to increase your Nevada employees’ minimum wages. Beginning July 1, employers will be required to pay a minimum wage of $9.50 per hour or $10.50 per hour depending…more

Employer Liability Issues, Minimum Wage, Nevada, Over-Time, State Labor Laws

See all updates »

Fired Worker Not Entitled to Jury Trial for Disability Retaliation Claim: Key Takeaways for Employers

A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA). The…more

Americans with Disabilities Act (ADA), Bench Trial, Disability Discrimination, Employment Litigation, Failure to Accommodate

See all updates »

5 Trade Secret Protection Steps Employers Should Take in Response to New Corporate Espionage in Florida Act

Florida Governor Ron DeSantis recently signed the Combating Corporate Espionage in Florida Act into law, and it will take effect on October 1, 2021. The new law was created to protect intellectual property in Florida from theft…more

Confidential Business Information (CBI), Employer Liability Issues, Espionage, Hiring & Firing, Human Resources Professionals

See all updates »

Quick Look at Top 3 Potential Supreme Court Picks

At some point in the coming days or weeks, President Biden will announce his nominee to replace retiring Supreme Court Justice Stephen Breyer, and the Court will be transformed like never before. The president seems intent on…more

Biden Administration, Judges, Presidential Nominations, SCOTUS

See all updates »

From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to…more

Business Operations, Coronavirus/COVID-19, Corporate Governance, Data Security, Employee Benefits

See all updates »

Gig Companies Lose Round 2 in New Prime Battle As Courts Debate Whether Workers Are Exempt From Arbitration

A federal appeals court decided last week that ride-share drivers engaging in interstate commerce while performing work for Uber should not be subject to the company’s arbitration agreement because of a recent Supreme Court…more

Appeals, Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Exceptions

See all updates »

From Cannabis to Minimum Wage and Beyond: A Recap of Workplace Law Issues on State Ballots this Election Day

Voters will be deciding more than just who will capture the White House and Congress this Election Day – they’ll also be voting on a slew of state ballot measures that could change your workplace. How can you prepare? Read this…more

Corporate Counsel, Decriminalization of Marijuana, Employer Liability Issues, Labor Reform, Labor Regulations

See all updates »

Preventing A Messy "Failed Exemption" Lawsuit

(Labor Letter, February 2014) - In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the United…more

Exempt-Employees, Fair Labor Standards Act (FLSA), Hiring & Firing, Job Offers, Non-Exempt Employees

See all updates »

Will Your No-Smoking Policy Get Vaporized?

Wondering what your employee is smoking in the break room, likely in violation of your “no-smoking” policy? Chances are it is an electronic smoking device, such as an e-cigarette or vaporizer. What should you do about it?…more

Best Management Practices, Corporate Counsel, E-Cigarettes, Employment Policies, Federal Food Drug and Cosmetic Act (FFDCA)

See all updates »

NCAA’s Student-Athlete Settlement Signals Big Changes Ahead: 3 Things Higher Education Institutions Need to Know

The NCAA and its power conferences recently approved a multi-billion-dollar agreement to settle several antitrust claims brought by student-athletes, taking the next step towards reshaping the collegiate sports landscape. The…more

Antitrust Violations, Class Action, Colleges, Educational Institutions, Name and Likeness

See all updates »

Washington Changes Key Employer Obligations for High-Risk Workers

Washington Governor Jay Inslee recently amended an executive proclamation that imposes certain workplace protection for high-risk workers during pandemic, granting employers some additional flexibility that will take effect…more

Coronavirus/COVID-19, Employer Liability Issues, Governor Inslee, High Risk Covid Employees, State Labor Laws

See all updates »

Labor Board Once Again Shifts the Scales to Ensure More Employee Conduct is Considered Protected Concerted Activity

The National Labor Relations Board has once again overturned employer-friendly precedent by making it more likely that individual employee gripes – whether in a union or non-unionized workplace – will be deemed protected…more

NLRA, NLRB, Protected Concerted Activity, Section 7, Totality of Circumstances Test

See all updates »

NLRB Upholds Ban On Use Of Company Email For Union Organizing

The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule…more

Electronic Communications, Email, Email Policies, Employer Liability Issues, Federal Labor Laws

See all updates »

Seattle Becomes First City in Nation to Ban Caste Discrimination

The Seattle City Council voted yesterday to pass a bill that adds “caste” to those classes of people protected from discrimination in various arenas, including employment, housing, and public accommodations. While a small number…more

Anti-Discrimination Policies, Anti-Harassment Policies, Anti-Retaliation Provisions, Corporate Counsel, Employment Discrimination

See all updates »

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase…more

Affirmative Action, Background Checks, Blockchain, Coronavirus/COVID-19, Corporate Counsel

See all updates »

Don’t Fall in Love With Your Robot: 3 Steps Employers Can Take to Manage AI Attachments in the Workplace

The makers of the world’s most commonly used artificial intelligence system just warned its users not to fall in love with their new robot, which means it’s time for employers to prepare for a challenge you may not have…more

Artificial Intelligence, Employment Policies, Mental Health, Robots, Workplace Romances

See all updates »

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in…more

Appeals, Article III, Class Action, Corporate Counsel, Data Breach

See all updates »

Quick Look at Top 3 Potential Supreme Court Picks

At some point in the coming days or weeks, President Biden will announce his nominee to replace retiring Supreme Court Justice Stephen Breyer, and the Court will be transformed like never before. The president seems intent on…more

Biden Administration, Judges, Presidential Nominations, SCOTUS

See all updates »

Massachusetts Expands Use of Sick Time to Include Pregnancy-Related Physical and Mental Health

Massachusetts employees will soon have additional qualifying reasons to use sick leave under the Commonwealth’s earned sick leave statute. Under a new law promoting access to midwifery care and out-of-hospital birth options,…more

Employee Benefits, Mental Health, New Legislation, Paid Sick Leave, Popular

See all updates »

June 2017: The Top 15 Labor And Employment Law Stories

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with so…more

Administrative Interpretation, Advocate Health Care v Stapleton, Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Benefit Plan Sponsors

See all updates »

HIPAA' s Criminal Charges Pack a Heavy Punch

Almost all healthcare providers and health plan administrators are familiar with the detailed requirements of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA). Violations can…more

Civil Monetary Penalty, Criminal Prosecution, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Healthcare

See all updates »

The Dangers of Red-Tagging: A 5-Step Guide for Employers With Operations in the Philippines

Multinational businesses with operations in the Philippines need to be aware of the growing trend of red-tagging, which is the practice of falsely accusing individuals or organizations of being affiliated with or supporting…more

Business Operations, Employer Liability Issues, Labor Law Violations, Multinationals, Philippines

See all updates »

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said it…more

Corporate Counsel, Employment Litigation, Hiring & Firing, Injunctive Relief, Labor Disputes

See all updates »

Labor Board Advances Claims that Student-Athletes Are Employees: What Does Your Athletic Department Need to Know?

NLRB General Counsel Jennifer Abruzzo just took another big step in the continuing saga surrounding college sports by filing a complaint seeking to have student-athletes classified as employees under the National Labor Relations…more

Employees, NCAA, NLRA, NLRB, NLRB General Counsel

See all updates »

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was…more

Affirmative Action, Construction Workers, Contractors, Disability, Hiring & Firing

See all updates »

Illinois Joins Trend to Ban “Captive Audience” Meetings: 5 Steps Employers Can Take to Comply

Illinois just became the latest state to ban employers from holding mandatory meetings with employees concerning religious or political matters, including discussions on union representation. Such employer-sponsored meetings,…more

Corporate Counsel, Employee Rights, Employer Liability Issues, Employment Policies, Illinois

See all updates »

A Deeper Dive Into Oregon’s Landmark Pay Equity Law

Six months ago, the Oregon legislature passed the most sweeping statewide equal pay law in the nation. It was a confusing move for some. After all, Oregon has had an equal pay law on the books since the early 1980s, while the…more

Audits, BOLI, Employer Liability Issues, Equal Pay, Equal Pay Act

See all updates »

5 Reasons You Might Rescind a Job Offer – and Top 5 Ways to Ease the Impact

Finding the right match between a job candidate and a critical role in your organization can take time, dedication, and even a little luck – so the need to rescind an offer of employment can be difficult for you and the…more

Background Checks, Best Practices, Drug Testing, Employer Liability Issues, Hiring & Firing

See all updates »

California Expands Paid Sick Leave: 5 Key Steps Employers Can Take to Prepare

In the wake of numerous California cities passing local Paid Sick Leave (PSL) ordinances in recent years, the State of California has now taken matters into its own hands – and created yet more hurdles for employers. Late…more

California, Healthy Workplaces Healthy Families Act 2014, New Legislation, Paid Sick Leave, State Labor Laws

See all updates »

Breaking Down the FTC Non-Compete Ban Appeals: Heading to a Circuit Split and SCOTUS Intervention?

The Federal Trade Commission has appealed two federal trial court decisions – one in Texas and one in Florida – that prevented the agency from enforcing its near-total ban on non-compete agreements. The Texas appeal, filed on…more

Appeals, Arbitrary and Capricious, Commerce Clause, Constitutional Challenges, Corporate Counsel

See all updates »

No Good Deed Goes Unpunished: Should Businesses Offer Benefits to Gig Workers?

Worker misclassification is one of the biggest issues facing businesses in the gig space and elsewhere. As the demand for gig workers increases, businesses are thinking of creative ways to hire and retain great talent…more

Employee Benefits, Employee Retention, Freelance Workers, Gig Economy, Independent Contractors

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Key Reduction in Force Considerations for Manufacturing Employers as Layoffs Mount

The strong jobs report recently released by the federal government included a surprising twist: it showed the manufacturing industry lost over 34,000 jobs in the past two months, standing now as one of the weakest industry…more

Construction Industry, Furloughs, Hiring & Firing, Involuntary Reduction in Force, Layoffs

See all updates »

Workplace Law Update For Washington Employers, Summer 2018 Edition

Washington’s lawmakers and regulators have not taken a summer holiday this year, remaining active by passing new regulations based on legislation from the last legislative cycle or reacting to new case law by creating new legal…more

Amended Legislation, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues

See all updates »

Court Decision Raises FMLA Retaliation Standard: 3 Ways You Can Avoid Violations When Employees Request Leave

A federal appeals court recently raised the bar for employees who want to bring retaliation claims after they request Family and Medical Leave Act leave – but this doesn’t mean that employers should let their guard down. Thanks…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing

See all updates »

Will New AI Digital Replica Laws Lead to “Game Over” for Video Game Actors Strike? What Employers Need to Know

Two new AI “Digital Replica” laws in California may end up playing a crucial role in resolving a drawn-out labor dispute between video game actors and developers. Video game actors organized by the Screen Actors Guild…more

Actors, AFTRA, Artificial Intelligence, Artificial Reproduction, Entertainment Industry

See all updates »

Supreme Court Makes It Easier For Federal Workers To Prove Age Discrimination

In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By…more

ADEA, Age Discrimination, Babb v Wilkie, Burden of Proof, But For Causation

See all updates »

From Cannabis to Minimum Wage and Beyond: A Recap of Workplace Law Issues on State Ballots this Election Day

Voters will be deciding more than just who will capture the White House and Congress this Election Day – they’ll also be voting on a slew of state ballot measures that could change your workplace. How can you prepare? Read this…more

Corporate Counsel, Decriminalization of Marijuana, Employer Liability Issues, Labor Reform, Labor Regulations

See all updates »

Hazard Pay Now in Effect For San Francisco Grocery and Retail Pharmacy Workers

The San Francisco Board of Supervisors unanimously approved San Francisco’s COVID Related Hazard Pay Emergency Ordinance, which temporarily requires large grocery and retail pharmacy stores, like drug stores, and the janitorial…more

Coronavirus/COVID-19, Essential Workers, Grocery Store Workers, Grocery Stores, Hazard Pay

See all updates »

Enforcing Your Policies Outside The Workplace

All employers adopt and enforce policies regulating conduct at the workplace. Many employers expect that employees will follow their employment polices at all times regardless of whether the employee is working or at work…more

Employee Rights, Family and Medical Leave Act (FMLA), NLRA, NLRB, OSHA

See all updates »

Breaking Ground After Chevron Demolished: What Construction Employers Can Expect in This Next Phase

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking at…more

Administrative Law Judge (ALJ), Chevron Deference, Construction Industry, Construction Workers, Department of Labor (DOL)

See all updates »

Tech Employers Should Consider These 5 Key Issues Before Conducting Reductions in Force

Despite notable workforce reductions in 2022 and 2023, layoffs in the tech industry are still prevalent as 2024 wraps up. The layoffs range from large employers to smaller-sized startups that are focused on profitability and…more

Furloughs, Hiring & Firing, Involuntary Reduction in Force, Layoffs, Technology Sector

See all updates »

MSHA Finally Releases Proposed Silica Rule: What Should You Do Now?

The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday. Employers…more

Mine Safety and Health Administration (MSHA), Mining, Occupational Exposure, Proposed Rules, Public Comment

See all updates »

Cussing Cheerleader Wins SCOTUS Free Speech Case, Creating Headaches for Public Schools Dealing with Off-Campus and Social Media Messages

By an 8-to-1 vote, the U.S. Supreme Court affirmed today that public schools might have an interest in regulating student speech, but the leeway the First Amendment grants to schools is diminished in the off-campus context…more

Disciplinary Proceedings, First Amendment, Mahanoy Area School District v B.L., Public Schools, SCOTUS

See all updates »

Transportation and Supply Chain Snapshot: NLRB’s Proposed Joint Employer Rule Will Pose New Challenges for Employers

This FP Transportation and Supply Chain Snapshot is intended to ensure industry employers are aware of an impending rule from the National Labor Relations Board that could upend the way you do business. The agency is seeking to…more

Comment Period, Hiring & Firing, Joint Employers, NLRB, Proposed Rules

See all updates »

The Undiscovered Country, Sort Of: Washington Employers Must Begin Collecting Employee Premiums Starting July 1

The first-in-the-nation statute that will require Washington employers to deduct taxes from employees and remit them to the Employment Security Department is finally set to go into effect in just a few weeks, and it’s time for…more

Employee Benefits, Long-Term Care, Opt-Outs, Popular, State Labor Laws

See all updates »

Should Employers Rescind Their Mask Mandates? A Pros and Cons List to Consider Before Dropping Your Pandemic Policies

As expected, state and local mask requirements continue to be lifted following the CDC’s loosening of its masking recommendations last month. As of yesterday, only 10 states require masks – and many of those requirements apply…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Employment Policies

See all updates »

New Veterans’ Hiring Benchmark Takes Effect: Federal Contractor Agency Makes a Nominal Decrease for 2024

The agency that oversees affirmative action obligations for federal contractors just released its 2024 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark. Effective March 31, the new benchmark is 5.2%,…more

Affirmative Action, Benchmarks, Federal Contractors, Hiring & Firing, OFCCP

See all updates »

"Wage Theft" Regulation Comes to New Hampshire

Do you have employees in New Hampshire? If so, you should be aware of revised state requirements now in effect regarding how and when you must notify employees about various compensation practices and policies, such as changes…more

Corporate Counsel, Department of Labor (DOL), Sick Leave, Wage and Hour, Wage Theft

See all updates »

Will Supreme Court Enforce Law And Order In The Digital Workplace?

Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable of…more

Actual Damages, Civil Liability, Computer Fraud and Abuse Act (CFAA), Confidential Information, Criminal Liability

See all updates »

NLRB Counsel Cracks Down On “Stay-or-Pay” Provisions and Non-Competes: 7 Steps Employers Should Consider in Response

The National Labor Relations Board’s chief lawyer just said that many “stay-or-pay” provisions – agreements where workers are asked to repay their employer if they separate from employment – violate federal law, and also…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Hiring & Firing, Labor Law Violations

See all updates »

New Jersey Amends Workplace Bias Law to Expand Protections Against Age Discrimination

New Jersey Governor Phil Murphy just signed a bill amending the state’s workplace bias statute by expanding protections against age discrimination. The most significant aspect of Assembly Bill No. 681, signed into law on October…more

Age Discrimination, Amended Legislation, Bias, Employment Discrimination, Hiring & Firing

See all updates »

A 10-Step Crisis Communications Playbook for Employers

When a crisis erupts at your organization, you won’t have time to develop a response from scratch. Instead, you’ll need to have a robust crisis communications plan already in place so you can effectively communicate with your…more

Business Continuity Plans, Crisis Management, Emergency Management Plans, Employer Liability Issues, Incident Response Plans

See all updates »

Big Wiretapping Win for Businesses in Massachusetts Data Privacy Case: 5 Compliance Reminders for Website Tracking Software

Businesses that use website tracking software to monitor activity for marketing purposes must comply with a growing list of state laws – but does that include a nearly 60-year-old Massachusetts law requiring consent to record or…more

Consent, Consumer Privacy Rights, Cookies, Data Collection, Data Privacy

See all updates »

The Gig Economy Is Coming Up Female

Women often face a very different path than men when it comes to today’s workplaces. Often in our society, the working life of women changes dramatically after significant life events such as the birth of a child, a family…more

Diversity, Employee Retention, Equal Pay, Freelance Workers, Gig Economy

See all updates »

5 SCOTUS Cases for Employers to Track as 2024/2025 Term Begins

The Supreme Court will begin a new term on October 7, and we’re watching several cases that will likely have a big impact on the workplace. The Justices will grapple with wage and hour issues, coverage under the Americans with…more

Administrative Remedies, Americans with Disabilities Act (ADA), Attorney's Fees, Corporate Counsel, Disability Discrimination

See all updates »

President’s FY 2018 Budget Plan Requests $15 Million to Support Future Implementation of Mandatory Nationwide Use of E-Verify

On March 17, 2017, the Office of Management and Budget (OMB) published the first installment of the Trump Administration’s FY 2018 Budget plan: “America First: A Budget Blueprint to Make America Great Again.” The Budget…more

Border Security, Department of Homeland Security (DHS), E-Verify, Employment Eligibility Verification, Federal Budget

See all updates »

U.S. House Passes Federal Paid Family Leave Bill – Could It Be Coming Your Way Soon?

The U.S. remains one of only a handful of developed countries without a federal paid family leave law – but we are one step closer to such a plan becoming reality as the U.S. House of Representatives recently passed a program…more

Employee Benefits, Federal Labor Laws, Paid Family Leave Law, Paid Leave, Sick Leave

See all updates »

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board…more

Banner Health System, Bargaining Units, Browning-Ferris Industries of California Inc., Civility, Class Action Arbitration Waivers

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Choppy Seas: Alleged Involuntary Quarantine Of Employees Lands Employer in Wage and Hour Class Action

A class action lawsuit filed in Los Angeles County alleges that a seafood company exposed seasonal employees to COVID-19 and then forced them, with the help of a hotel, to quarantine in hotel rooms against their will – and…more

Class Action, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Quarantine

See all updates »

10 Biggest Changes in United Kingdom’s Sweeping New Employment Rights Bill: What U.S. Employers Can Do To Prepare

The United Kingdom just introduced a landmark new Employment Rights Bill, aimed at ending unfair employment practices and helping to deliver economic growth. According to the United Kingdom’s Prime Minister’s Office, this is set…more

Anti-Discrimination Policies, Anti-Harassment Policies, Corporate Counsel, Employee Benefits, Employee Rights

See all updates »

Time To Reassess International Data Transfers After Court Declares EU-U.S. Privacy Shield Invalid: A 4-Step Action Plan

The Court of Justice of the European Union just ruled that an important data protection scheme established between the European Union and the United States is invalid, calling into question many aspects of important data…more

Corporate Counsel, Court of Justice of the European Union (CJEU), Data Privacy, Data Protection, EU

See all updates »

Employees’ Off-Duty Pandemic Conduct Can Create On-Duty Headaches For Healthcare Employers – How To Reduce Disruptions In Your Workplace

As the COVID-19 pandemic rages on and continues to hammer businesses, workers, and lifestyles with record-high infection rates and hospitalizations, companies still face challenges in ensuring employees comply with critical…more

Coronavirus/COVID-19, Employee Rights, Employer Rights, Employment Policies, Health and Safety

See all updates »

From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to…more

Business Operations, Coronavirus/COVID-19, Corporate Governance, Data Security, Employee Benefits

See all updates »

Relaciones Laborales en México: 4 Desarrollos Clave y 7 Consejos de Cumplimiento Principales a Medida que las Empresas Multinacionales Se Adaptan a los Cambios Recientes

Las empresas en México han enfrentado cambios significativos en los últimos años con respecto a las leyes, regulaciones y prácticas laborales – y esto es particularmente cierto cuando se trata de relaciones laborales y…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Constitutional Amendment, Employment Litigation, Employment Policies

See all updates »

Supreme Court: Voters' Initiative To End Affirmative Action Is Constitutional

In a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs…more

Admissions, Affirmative Action, American Civil Liberties Union (ACLU), Diversity, NAACP

See all updates »

New Year Brings Major Changes To California Employers’ Immigration Practices - FAQs Regarding California AB450 – The Immigrant Worker Protection Act

Soon after ringing in the New Year, California employers will need to spend the beginning of 2018 coming to grips with a significant new law that will require an immediate adjustment to immigration-related business practices…more

Audits, Best Practices, E-Verify, Employer Liability Issues, Employment Records

See all updates »

More Countries Join the Digital Nomad Visa Club: A 4-Step Employer’s Guide to International Remote Work Requests

Digital nomad programs are increasingly popular visa schemes that your company may want to explore as a perk for employees. These programs give employees the opportunity to legally live and work remotely in a country for a set…more

Foreign Nationals, Japan, Remote Working, South Korea, Visa Applications

See all updates »

A Step Toward the Future? Federal Immigration Authorities Considering Remote I-9 Document Review Procedures

Employers may soon have a welcome alternative to the long-standing and often-cumbersome process that requires an in-person inspection of I-9 documents at the time a new worker is onboarded. On August 18, the Department of…more

Department of Homeland Security (DHS), Document Review, Employment Eligibility Verification, Form I-9, Hiring & Firing

See all updates »

All the New California Workplace Laws You Need to Know About For 2025

Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will soon…more

Artificial Intelligence, California, Construction Industry, Crime Victims, Employer Liability Issues

See all updates »

Labor Department Provides Employers with New 10-Step Roadmap to Avoid AI Hiring Discrimination

Federal workplace officials just unveiled a new website guiding employers on best practices to avoid artificial intelligence discrimination during the hiring process, including a roadmap of 10 actions you should consider taking…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Corporate Counsel, Department of Labor (DOL)

See all updates »

California Employers Are Now Required to Pay for Food Handler Cards: Your 4-Step Action Plan

California has long required food handlers in restaurants to obtain certification — and until now, training and testing has been the employee’s responsibility. A new law Governor Newsom approved on October 8, however, shifts…more

California, Food Safety, Food Service Workers, New Legislation, Restaurant Industry

See all updates »

Supreme Court Steps on the Brakes: How Its Recent AB 5 Decision Will Throw California’s Trucking Industry into Disarray

While the U.S. Supreme Court has made a number of headlines this term, flying under the radar was its refusal to consider whether California’s controversial worker classification law should be blocked by a federal law that…more

Commercial Truck Drivers, Denial of Certiorari, Federal Aviation Administration Authorization Act of 1994 (FAAAA), Hiring & Firing, Independent Contractors

See all updates »

California’s Healthcare Minimum Wage Increase Is Finally Here: What Employers Need to Know + 3 Steps You Should Take Now

After months of delay, California’s healthcare minimum wage increase will finally take effect on October 16, immediately hiking wages to $21 per hour for workers at many healthcare facilities and as high as $23 per hour for…more

California, Health Clinics, Healthcare Facilities, Healthcare Workers, Hospitals

See all updates »

Brazil Publishes Data Protection Sanctions: 3 Steps Your Company Should Take to Avoid Problems

Brazil’s data protection authority recently published regulations that could lead businesses and employers that violate the country’s data privacy laws to be punished with administrative penalties – adding yet more incentive to…more

Brazil, Corporate Counsel, Data Breach, Data Collection, Data Privacy

See all updates »

Tech Employers Should Consider These 5 Key Issues Before Conducting Reductions in Force

Despite notable workforce reductions in 2022 and 2023, layoffs in the tech industry are still prevalent as 2024 wraps up. The layoffs range from large employers to smaller-sized startups that are focused on profitability and…more

Furloughs, Hiring & Firing, Involuntary Reduction in Force, Layoffs, Technology Sector

See all updates »

The Visa Bulletin for February: Dates for Filing and an Employer’s Immigration Action Plan

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight…more

EB-1, EB-2, EB-3, I-485 Applications, Immigration Procedures

See all updates »

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s…more

Civil Rights Act, Employer Liability Issues, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Hiring & Firing

See all updates »

Federal Court Carves New Path for Philadelphia Employers to Defeat Workplace Claims

A recent federal court decision provides a new pathway for Philadelphia employers to defeat certain workplace discrimination claims. In the February 13 decision of Lee v. Bay, LLC, District Court Judge Joshua Wolson from the…more

Administrative Agencies, Administrative Complaints, Administrative Remedies, Dismissals, Employment Discrimination

See all updates »

Cannabis Flash Survey: Industry Analysis for Construction, Healthcare, Hospitality, and Manufacturing Employers

When FP surveyed employers across the country about their position on testing applicants for cannabis and related topics, some interesting industry-specific information was revealed that could open eyes for those in…more

Construction Workers, Drug Testing, Healthcare Workers, Hiring & Firing, Hospitality Industry

See all updates »

IRS Increases Mileage Rate to 62.5 Cents Per Mile for the Rest of 2022

Responding to record-high gas price, the IRS announced yesterday that, for July through December of 2022, the optional standard mileage rate for business travel will increase from 58.5 cents to 62.5 cents per mile…more

IRS, Standard Mileage Rates, Wage and Hour

See all updates »

What Do Employers Need to Know About Gen Z? 6 Tips on Attracting and Retaining Young Professionals

The oldest members of Generation Z are turning 25 this year, which means they are graduating from college, trade schools, master’s programs, even law school – and entering the workforce in rapidly increasing numbers. In fact,…more

Diversity, Employee Benefits, Employee Retention, Employment Policies, Hiring & Firing

See all updates »

National Anthem Protests: How Should Educational Institutions Respond?

Picture this scenario at your school: parents, students, and fans fill the stands on the night of the big game. The marching band takes the field, but as it begins to play the national anthem, the football team’s star player…more

Protests, Public Schools, School Districts

See all updates »

The Whistleblowing Just Got Louder: 8 Things Employers Should Do in Response to Feds’ New Whistleblower Awards Program

A new initiative rolled out by federal officials this summer can reward corporate whistleblowers with up to $30 million – which means it is incumbent upon your organization to step up your game when it comes to corporate…more

Corporate Misconduct, Department of Justice (DOJ), Employee Misconduct, Financial Services Industry, Health Care Providers

See all updates »

Not If But When: Cybercrime Targets Telework

As a result of the COVID-19 pandemic, millions of Americans have deserted the physical workplace. Modern technology and remote access capabilities have made it possible to transform almost any job to a telework position. As the…more

Business E-Mail Compromise (BEC), Confidential Information, Cyber Attacks, Cyber Crimes, Cyber Threats

See all updates »

How Can PEOs Prepare for Evolving Pay Transparency and Equity Trends? 3 Key Questions to Consider

Pay transparency is one of the hottest trends impacting the workforce today. It affects all aspects of workplace relationships – including hiring, recruitment, and retention efforts; supervision and leadership; and compensation…more

Hiring & Firing, Job Ads, Job Applicants, Pay Data, Pay Discrimination

See all updates »

MSHA Finally Releases Proposed Silica Rule: What Should You Do Now?

The Mine Safety and Health Administration (MSHA) recently posted its long-awaited proposed silica rule on its website — and the agency is expected to officially publish the proposal in the Federal Register on Thursday. Employers…more

Mine Safety and Health Administration (MSHA), Mining, Occupational Exposure, Proposed Rules, Public Comment

See all updates »

Washington Just Turned Many Non-Solicitation Agreements into Illegal Non-Competes: Tips on How You Can Still Protect Your Business

Washington state law just changed in a way that might have made your company’s non-solicitation agreements unenforceable and illegal. Recent amendments to the state non-compete statute took effect on June 6 and significantly…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Feds Say Tech Industry Still Lacks Diversity: 10 Steps Employers Can Take to Eliminate Barriers

Tech industry employers may want to boost their anti-discrimination efforts as the federal government recently decided to shine a spotlight on low diversity in many high-tech occupations. Although tech employers have made…more

Age Discrimination, Anti-Discrimination Policies, Bias, Diversity, Employer Liability Issues

See all updates »

Are Your Employees “Slackers”? How Employers Should Handle Slack—The Increasingly Popular Instant Messaging Application

Launched in 2014, Slack is the fastest growing business application in history. For those unfamiliar with this piece of technology, Slack is a cloud-based “team collaboration tool.” In simple terms, it is an instant messaging…more

Anti-Discrimination Policies, Anti-Harassment Policies, Best Practices, Employee Training, Employer Liability Issues

See all updates »

Proposed Regulations Impact Retirement Plans for Certain Part-Time Employees: FAQs for Employers

Employers that sponsor 401(k) or 403(b) plans should be aware of eligibility and participation rules for their long-term, part-time (LTPT) employees. Historically, such plans could exclude employees who worked fewer than 1,000…more

401k, 403(b) Plans, Benefit Plan Sponsors, Eligibility, Employee Benefits

See all updates »

10 Most Significant Employee Benefits Law Changes in 2023’s Federal Spending Bill

Besides ensuring the federal government remains fully funded, President Biden’s signature Thursday on the Continuing Appropriations Act, 2023 (CAA 23) contains several provisions that will directly impact health and retirement…more

401k, 403(b) Plans, Automatic Enrollment, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA)

See all updates »

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,…more

401k, Acquisitions, Affirmative Action, Artificial Intelligence, Automotive Industry

See all updates »

Your School Could Be One Click Away From A Lawsuit

The education industry continues to be at the forefront when it comes to using emerging technology and digital marketing. For most schools, their website functions as the new reception area (albeit virtual), where both current…more

Americans with Disabilities Act (ADA), Colleges, Demand Letter, Department of Justice (DOJ), Disability Discrimination

See all updates »

Didn’t Make the H-1B Cap? Planning, Not Practice, Makes Perfect: 8 More Ways to Employ Foreign Nationals

If you employ foreign nationals, you likely know that the federal government already reached the H-1B visa cap for the fiscal year and informed registrants who were not selected. Although employers expected the August 23…more

Business Visitor, Employment Authorization Documents (EAD), Foreign Nationals, Foreign Workers, Green Cards

See all updates »

NLRB Abandons Controversial Joint Employer Rule – But Employers Aren’t Necessarily Out of the Woods

The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard down…more

Appeals, Hiring & Firing, Joint Employers, NLRB, Rulemaking Process

See all updates »

California Employers Will Finally Get a Model Whistleblower Posting: Your 5-Step Action Plan

Thanks to a new law just signed into effect by Governor Newsom, California employers that post a soon-to-be-released notice about whistleblower protections will be deemed in compliance with state law. AB 2299, signed into effect…more

Best Practices, California, Labor Commissioners, New Legislation, Notice Requirements

See all updates »

7 Steps To Sever Ties With An Employed Physician

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an…more

Continuity of Care, Documentation, Employer Liability Issues, Employment Contract, Health Care Providers

See all updates »

Keep (Some) Opinions to Yourself: Court Decision Reminds Sports Executives the Importance of Documentation During Hiring Process

A recent federal appeals court decision demonstrates to employers in the sports industry the value of documenting conversations and notes made during the hiring process – and serves as a critical warning about how easily an…more

Age Discrimination, Documentation, Employer Liability Issues, Employment Litigation, Hiring & Firing

See all updates »

“Safe Access O‘ahu”: What Honolulu Businesses Need to Know About Vaccine Passports for Workers and Patrons

Honolulu City and County Mayor Rich Blangiardi has announced “Safe Access O‘ahu,” a strategy developed in concert with local business leaders to “aggressively counteract” a nascent surge of COVID-19 while avoiding further…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Entertainment Industry, Food Service Workers

See all updates »

Play for Pay? Bombshell Ruling Upends Amateurism in College Sports

Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under federal…more

College Athletes, Colleges, Department of Labor (DOL), Employees, Fair Labor Standards Act (FLSA)

See all updates »

10 Biggest Changes in United Kingdom’s Sweeping New Employment Rights Bill: What U.S. Employers Can Do To Prepare

The United Kingdom just introduced a landmark new Employment Rights Bill, aimed at ending unfair employment practices and helping to deliver economic growth. According to the United Kingdom’s Prime Minister’s Office, this is set…more

Anti-Discrimination Policies, Anti-Harassment Policies, Corporate Counsel, Employee Benefits, Employee Rights

See all updates »

Illinois Law Will Soon Provide for Greater Employee Access to Paystubs: What Employers Need to Know

Illinois lawmakers recently amended state law to provide current and former employees greater access to their paystubs – meaning you’ll have some new obligations to be aware of. The Wage Payment and Collection Act amendments go…more

Employer Liability Issues, Employment Policies, Payroll Records, Recordkeeping Requirements, State Labor Laws

See all updates »

California Governor Orders Students to be Vaccinated: What Your School Needs to Know

California Governor Gavin Newsom announced a new emergency order on October 1 requiring all students in both public and private schools to get the COVID-19 vaccine once fully authorized by the Federal Drug Administration (FDA)…more

Coronavirus/COVID-19, Private Schools, Public Schools, School Districts, School Policies

See all updates »

Government Finalizes Troublesome New Persuader Rule; Legal Challenges Pending

The federal government has finalized a significant new regulation that seeks to interfere with businesses seeking legal counsel to help in opposing or dealing with unions. The U.S. Department of Labor’s (USDOL) new “persuader”…more

Corporate Counsel, Department of Labor (DOL), LMRDA, Persuader Rules, Reporting Requirements

See all updates »

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was…more

Affirmative Action, Construction Workers, Contractors, Disability, Hiring & Firing

See all updates »

California Court Rules That Egg Retrieval and Freezing Procedures Do Not Qualify for Pregnancy Protection – But Employers Should Tread Carefully

A recent decision from the California Court of Appeal concluded that a worker could not advance a pregnancy discrimination claim based on alleged mistreatment following egg retrieval and freezing procedures – but employers…more

Employment Litigation, FEHA, Hiring & Firing, Pregnancy Discrimination, Pregnant Workers Fairness Act

See all updates »

Irvine Hotels Must Prepare for Workload Limitations Law to Take Effect Next Week: Your 10-Step Compliance Plan

Starting next week, hotel employers in Irvine must be ready to implement additional requirements of the city’s new Hotel Worker Protection Ordinance – including stringent workload limitations for room attendants. While certain…more

Hospitality Industry, Hotels, New Legislation, Notice Requirements, Over-Time

See all updates »

Labor Letter, August 2013: Five Documents Sure To Appear In Your Lawsuit

Although simple and oftentimes overused, sports metaphors can provide insight into complicated topics. When it comes to employment litigation, cases often boil down to “blocking and tackling.” In other words, the fundamental…more

Adverse Employment Action, Disciplinary Proceedings, Employee Handbooks, Litigation Strategies, Performance Reviews

See all updates »

Someone Call A Doctor! This Settlement Agreement Is Bleeding Out

A federal appeals court recently ruled that an overbroad “no-rehire” provision in a settlement agreement with a former employee can be an unlawful restraint of trade under California law. In Golden v. California Emergency…more

Appeals, Business & Professions Code, Former Employee, Non-Compete Agreements, Physicians

See all updates »

California Mandates Unpaid Bereavement Leave for Employees: 4 Takeaways for Employers

A new law will require California employers to update their handbooks and leave policies — including their sick leave policies — to account for a new employee bereavement benefit. Governor Newsom approved the bill on September…more

Anti-Retaliation Provisions, Bereavement Leave, Employer Liability Issues, Employment Policies, New Legislation

See all updates »

Do the Hustle: Gig Economy’s Side Hustle Goes Mainstream

When a friend took Van McCoy to New York City’s Adam’s Apple bar to watch an underground dance known as the “Hustle,” Van knew he had struck gold. In one hour, Van had written the future wedding reception staple “The Hustle.”…more

Gig Economy, Independent Contractors, Uber

See all updates »

The Employer’s Essential Guide To This Year’s Super Bowl

The matchup is now set: the Los Angeles Rams will be playing the New England Patriots in Super Bowl LIII, and no doubt your employees are very much aware of the upcoming game. A good many of them will be among the estimated 110…more

Best Management Practices, Dress Codes, Employment Policies, Productivity, Sports Gambling

See all updates »

Super Bowl Predictions! (And Some Workplace Advice for Employers While We’re At It)

Matt Carpenter: The 49ers will finally be able to shake off the Chiefs, winning their sixth Lombardi Trophy in a 31-24 game. Brock Purdy will go from Mr. Irrelevant to Super Bowl MVP, leading to an Academy Award-winning film in…more

Dress Codes, Employment Policies, Productivity, Sports Gambling, Super Bowl

See all updates »

Longest Government Shutdown In History Is Impacting Workplace Law

As of Saturday, the current federal government shutdown became the longest in our nation’s history—and employers are starting to feel the sting. While the peculiarities of the federal budget process meant that this shutdown…more

Anti-Deficiency Act, Department of Homeland Security (DHS), Department of Justice (DOJ), Department of Labor (DOL), E-Verify

See all updates »

A New Frontier? How President Biden’s Recent Executive Order May Affect Healthcare Providers

Earlier this summer, President Biden signed the much-anticipated “Executive Order on Promoting Competition in the American Economy.” The Order includes 72 initiatives, spanning a plethora of topics from over-the-counter hearing…more

Biden Administration, Certification Requirements, Employment Contract, Executive Orders, Federal Trade Commission (FTC)

See all updates »

Are Nonlinear Career Paths the New Normal? 5 Ways You Can Support Employees While Benefiting Your Company

Workers are choosing career paths that don’t resemble the clear trajectory from graduation to retirement that their parents might have mapped out. These paths bypass proverbial career ladders and instead wind through varying…more

Employee Retention, Hiring & Firing, Human Resources Professionals, Job Applicants, Recruitment Policies

See all updates »

So You Think This COVID Thing Has Ended? Not So Fast! 5 Tips for Employers to Prepare for Cold, Flu, and COVID Season

For many businesses, the pandemic seems like a distant memory, but COVID-19 is not entirely behind us. Indeed, as the cold and flu season approaches, the CDC predicts that COVID-19 cases will increase across the country. Such…more

Business Continuity Plans, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employment Policies, Health and Safety

See all updates »

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas…more

Business Closures, Centers for Disease Control and Prevention (CDC), Charitable Donations, COBRA, Coronavirus/COVID-19

See all updates »

NYC Delivering on Minimum Wage Promise For App-Based Delivery Workers

For the first time ever, app-based restaurant delivery workers in New York City – engaged as independent contractors – are set to make a minimum wage. The nation’s first-of-its-kind law is set to have a massive impact, as it…more

Delivery Drivers, Independent Contractors, Minimum Wage, New Legislation, Wage and Hour

See all updates »

OSHA Releases First-Ever National Heat Safety Rule: 10 Steps for Employers

In a groundbreaking move, federal workplace safety officials announced yesterday the first-ever national heat stress rule aimed at protecting workers from heat-related illnesses and fatalities. The proposed regulations from the…more

Employee Training, Heat Exposure, OSHA, Proposed Rules, Recordkeeping Requirements

See all updates »

Massachusetts Announces 2025 Updates to Paid Family and Medical Leave and Other Benefit Programs: 4 Steps for Employers

The Massachusetts Executive Office of Labor and Workforce Development has announced important updates to state employment benefits for 2025. The State Average Weekly Wage (SAWW) has increased modestly to $1,829.13 from…more

Employee Benefits, Medical Leave, Paid Family Leave Law, Paid Leave, State Labor Laws

See all updates »

NCAA’s Student-Athlete Settlement Signals Big Changes Ahead: 3 Things Higher Education Institutions Need to Know

The NCAA and its power conferences recently approved a multi-billion-dollar agreement to settle several antitrust claims brought by student-athletes, taking the next step towards reshaping the collegiate sports landscape. The…more

Antitrust Violations, Class Action, Colleges, Educational Institutions, Name and Likeness

See all updates »

SCOTUS Decision Will Weaken Labor Board’s Attempts to Impose Financial Penalties on Employers But Spares NLRB From Catastrophic Loss

Perhaps lost in the shuffle of a string of blockbuster Supreme Court decisions was a June 27 ruling that will undermine the National Labor Relations Board’s attempts to impose financial penalties on employers – though it didn’t…more

Administrative Law Judge (ALJ), Employer Liability Issues, Jury Trial, Labor Relations, NLRB

See all updates »

Illinois Supreme Court Opens Door for Massive Damage Awards in Biometric Cases: 5 Things Employers Need to Know

The Illinois Supreme Court just ensured that employers who don’t strictly comply with the state’s landmark biometric law could be on the hook for massive damage awards, a ruling that should cause you to immediately review your…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Employer Liability Issues

See all updates »

Is the Post-Chevron Era All It’s Cracked Up to Be? 4 Reasons Businesses Might Not Celebrate the New Normal

Many business leaders celebrated the Supreme Court’s recent landmark ruling that offers a powerful new tool to fight back against regulatory agencies – but are hidden dangers lurking beneath this apparent victory? While the…more

Chevron Deference, Government Agencies, Loper Bright Enterprises v Raimondo, Regulatory Agencies, SCOTUS

See all updates »

Mexico Imposes Hefty New Penalties for Excessive Work Hours: 3 Things Employers Need to Know

Employers doing business in Mexico should understand significant new consequences for requiring employees to work excessive hours. Specifically, Mexico’s Human Trafficking Law — which aims to protect certain disadvantaged groups…more

Criminal Penalties, Employer Liability Issues, Federal Labor Laws, International Labor Laws, Mexico

See all updates »

5 Reasons You Might Rescind a Job Offer – and Top 5 Ways to Ease the Impact

Finding the right match between a job candidate and a critical role in your organization can take time, dedication, and even a little luck – so the need to rescind an offer of employment can be difficult for you and the…more

Background Checks, Best Practices, Drug Testing, Employer Liability Issues, Hiring & Firing

See all updates »

So You Think This COVID Thing Has Ended? Not So Fast! 5 Tips for Employers to Prepare for Cold, Flu, and COVID Season

For many businesses, the pandemic seems like a distant memory, but COVID-19 is not entirely behind us. Indeed, as the cold and flu season approaches, the CDC predicts that COVID-19 cases will increase across the country. Such…more

Business Continuity Plans, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employment Policies, Health and Safety

See all updates »

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern Conference…more

Breach of Contract, Computer Fraud and Abuse Act (CFAA), Confidential Business Information (CBI), Conversion, Defend Trade Secrets Act (DTSA)

See all updates »

International Remote Working: 3 Factors Employers Need to Know About Reimbursing Remote Employees for Work-Related Expenses

As we gradually emerge from the prolonged COVID-19 pandemic, many employers are weighing requests from employees who want to continue working remotely at an out-of-state or international location – either on a long-term or…more

Business Expenses, Employment Policies, Reimbursements, Remote Working

See all updates »

7 Steps to Comply with the CCPA

Getting into compliance with the California Consumer Privacy Act (CCPA) can seem like an overwhelming task. After all, the law is comprised not only of a dense statute and detailed regulations, but the amendment effective…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy

See all updates »

D.C. Employers Face Minimum Wage Increase For Tipped Workers

Employers of tipped workers in Washington, D.C. may soon face a tipping point of their own as the result of a voter initiative just approved by voters. If the law takes effect, the minimum rate of pay for such workers will…more

Employer Liability Issues, Federal Labor Laws, Legislative Agendas, Minimum Wage, Tipped Employees

See all updates »

Kentucky OSHA Adopts Emergency Regulation in Line With Fed’s New Rule on “Walkaround” Inspections: What Employers Need to Know and What You Should Do Now

Starting today, Kentucky employees may designate a third party – including union representatives in non-union facilities – to accompany safety inspectors during walkaround inspections. State safety officials adopted an emergency…more

Emergency Rule, OSHA, Public Comment, Public Hearing, Safety Inspections

See all updates »

5 Tips for Schools to Strengthen Enrollment Contracts from a Litigation Standpoint

You may feel like the school year just started, but as we near the end of 2023, it’s already time to start preparing for the 2024-2025 school year. With that in mind, we wanted to briefly discuss one of the key documents that…more

Contract Drafting, School Districts, Student Enrollment, Students, Tuition

See all updates »

White House’s Labor Task Force Takes Aim at Gig Economy in New Report

The White House’s labor task force released a highly anticipated report on Monday as the next step in its long-term plan to “encourage worker organizing and collective bargaining” – and one section of the report takes square aim…more

Collective Bargaining, Department of Labor (DOL), Gig Economy, Independent Contractors, Misclassification

See all updates »

OSHA’s Potential COVID-19 Standard May Require Employers To Provide Vaccines

One of President-elect Biden’s first actions when he assumes office may be creating an emergency standard for COVID-19 through the Occupational Safety and Health Administration (OSHA). As Fisher Phillips noted in November when…more

Coronavirus/COVID-19, Employment Policies, Infectious Diseases, OSHA, Vaccinations

See all updates »

Colorado Set to Severely Limit Non-Competes and Other Restrictive Covenants: A 5-Step Action Plan for Employers

Colorado lawmakers just passed a law that will bring dramatic change to the non-compete landscape by significantly limiting the circumstances under which restrictive covenants may be used – virtually ending the practice of most…more

Colorado, Employer Liability Issues, Employment Contract, Forum Selection, Hiring & Firing

See all updates »

Federal Education Officials Release Pregnancy-Related Guidance to Assist With Title IX Compliance: 10 Quick Takeaways for Schools

The Department of Education recently released guidance to assist colleges and universities comply with pregnancy-related aspects of the new Title IX regulations that took effect on August 1. The “Nondiscrimination Based on…more

Colleges, Department of Education, Employee Rights, Lactation Accommodation, Leave of Absence

See all updates »

Florida’s Tort Reform Will Have an Impact on Employment Litigation – 5 Takeaways for Employers

Florida Governor Ron DeSantis and state lawmakers recently enacted significant tort reforms designed to restrict plaintiffs pursuing negligence claims – but which could give an unexpected boost to those pursuing costly…more

Admissible Evidence, Emotional Distress Damages, Employer Liability Issues, Employment Litigation, Florida

See all updates »

Hospitality Industry Braces for NYC’s Safe Hotels Act: Top Things Employers Need to Know About What Could Become a Nationwide Trend

New rules regulating hotels in NYC will likely take effect next May if Mayor Adams soon signs the Safe Hotels Act, which the City Council just passed by an overwhelming majority on October 23. NYC lawmakers are aiming to address…more

City of New York, Employee Training, Hospitality Industry, Hotels, Human Trafficking

See all updates »

Taking Notes from California: Colorado, Nevada, Texas, and West Virginia All Introduce CCPA-Inspired Consumer Privacy Legislation Within Weeks

A slew of consumer protection laws have been introduced throughout the country this year, with many taking notes from California’s Consumer Protection Act (CCPA). In the last month alone, in fact, Colorado, Nevada, Texas, and…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Breach, Data Collection, Data Controller

See all updates »

Immigration Day In D.C.: New Executive Orders And Homeland Security Chief Herald Changing Times For Employers

In the span of a single day earlier this week, President Joe Biden signed three Executive Orders on immigration while the Senate confirmed Alejandro Mayorkas as Secretary of Homeland Security – actions that will eventually have…more

Asylum, Biden Administration, Department of Homeland Security (DHS), Executive Orders, Immigration Procedures

See all updates »

California to Enact New COVID-19 Supplemental Paid Sick Leave Requirement

The California Legislature just approved a measure that dramatically extends and expands a requirement for employers to provide supplemental paid sick leave to employees impacted by COVID-19. Among other things, this new…more

Coronavirus/COVID-19, Corporate Counsel, Governor Newsom, New Legislation, Notice Requirements

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Preparedness, Employee Assistance Programs, Employee Benefits, Employee Privacy Rights

See all updates »

Auto Dealer Snapshot: If You Haven’t Been Filing EEO-1 Reports, It’s Time to Rethink Everything – And Fast

If you’ve always thought your dealership couldn’t face any real trouble for not filing your EEO-1 reports, it’s time to think again. The feds just filed lawsuits against 15 employers across the country – including two…more

Automotive Industry, Car Dealerships, Data Collection, EEO-1, Employer Liability Issues

See all updates »

Rideshare and Chill? Lyft Introducing a Spotify/Netflix-Inspired Subscription Service

In many of the U.S.’s most congested cities, ridesharing is a way of life because owning a car is expensive and inconvenient. Among frequent riders, many use Uber and Lyft apps interchangeably depending on driver availability…more

Drivers, Employment Litigation, Gig Economy, Independent Contractors, Lyft

See all updates »

Comprehensive Checklist to Help Businesses Prepare for Soccer’s 2026 World Cup

Less than two years from now, visitors from around the world will descend on the U.S., Mexico, and Canada, as the three countries jointly host FIFA’s 2026 World Cup – and your business might want to start preparing already. It’s…more

Analytics, Artificial Intelligence, Business Disruption, Business Operations, Business Opportunities

See all updates »

6 Things Employers Need to Know Before Offering Cryptocurrency in 401(k)s

Cryptocurrencies are currently one of the hottest topics in the world, and for good reason. Bitcoin’s fluctuations over the past year – from $10,000 in July 2020 to $63,000 in April 2021 and now settled to around $41,000 – has…more

401k, Benefit Plan Sponsors, Cryptocurrency, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

More Than Just a Game: U.S. Women’s Soccer’s Equal Pay Quest Takes World Stage

As the newly crowned world champion U.S. Women’s National Soccer Team members received their winners’ medals Sunday, chants of “equal pay!” reverberated through the stadium. Those in attendance were well aware that the men’s…more

Athletes, Class Action, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay

See all updates »

From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to…more

Business Operations, Coronavirus/COVID-19, Corporate Governance, Data Security, Employee Benefits

See all updates »

Comprehensive Checklist to Help Businesses Prepare for Soccer’s 2026 World Cup

Less than two years from now, visitors from around the world will descend on the U.S., Mexico, and Canada, as the three countries jointly host FIFA’s 2026 World Cup – and your business might want to start preparing already. It’s…more

Analytics, Artificial Intelligence, Business Disruption, Business Operations, Business Opportunities

See all updates »

Is it Time to Mask Up Again? What Philadelphia’s Resurrected Mask Mandate Can Teach Employers Across the Country

Is it the first unwelcome step down a treacherously slippery slope or just a minor blip on the path towards a return to normalcy? That’s what we’re all trying to figure out as Philadelphia announced Monday the return of a mask…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Public Health

See all updates »

Last Exit to Cooperstown: An Employer’s Guide to Baseball’s Latest Workplace Strife

Fall baseball provides a few guarantees for fans, as playoff races, assaults on historical records, and jockeying for draft position typically imbue the last month of the season with an air of certain uncertainty. This year,…more

Athletes, Baseball, Collective Bargaining Agreements (CBA), MLB, Settlement

See all updates »

Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and in…more

Colleges, Educational Institutions, Employee Misconduct, First Amendment, Free Speech

See all updates »

Pay for Delay? NLRB’s Top Prosecutor Wants Monetary Relief in Refusal-To-Bargain Cases

In another push to sharpen the National Labor Relations Board’s remedial teeth, NLRB General Counsel Jennifer Abruzzo recently asked the Board to impose harsher penalties on employers who refuse to bargain with unions. The…more

Corporate Counsel, Duty to Bargain, Employee Benefits, Employer Liability Issues, NLRA

See all updates »

Federal Judge Blocks DOL’s “Farmworker Protection Rule” in 17 States: What Should Agricultural Employers Do Now?

A federal judge in Georgia just blocked the Department of Labor’s “Farmworker Protection Rule” for employers in 17 states, providing a measure of relief for many agricultural employers but throwing many others into a state of…more

Agricultural Sector, Agricultural Workers, Anti-Retaliation Provisions, Collective Bargaining, Department of Labor (DOL)

See all updates »

It’s Time to Get Your EEO-1 Ducks (or Data) in a Row: A 5-Step Action Plan for Employers

Many businesses will soon need to submit workforce demographic data to the Equal Employment Opportunity Commission (EEOC) sorted by employee job category, as well as sex and race/ethnicity. If you are a private employer with at…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Filing Deadlines, Filing Requirements

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2022 Edition

This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Corporate Counsel, Disaster Preparedness, Employee Assistance Programs, Employee Benefits

See all updates »

Agreement on Key AI Terms Leads to Writer’s Strike Resolution: What Employers Need to Know

After nearly five months of heated negotiations and picketing, the Writers Guild of America (WGA) finally reached tentative consensus with the Hollywood studios on a new, three-year agreement, bringing an end to its strike early…more

Artificial Intelligence, Employment Policies, Employment Terms, Entertainment Industry, Screenwriters

See all updates »

Labor Department Says Truck Drivers Need Not Be Paid For Sleeping - 3 Things You Need To Know About Opinion Letter

Trucking companies will no longer need to pay their drivers for certain off-duty time, potentially including time spent sleeping in their sleeper berth units, after the Labor Department issued an opinion letter yesterday…more

Commercial Truck Drivers, Department of Labor (DOL), Opinion Letter, Rest and Meal Break, Trucking Industry

See all updates »

Deepfake Scammers Steal $25 Million From Company: 5 Ways You Can Avoid Being Victim to Latest AI Nightmare

A group of scammers recently used deepfake technology – now readily available to just about anyone – to trick a finance employee into paying them over $25 million of corporate funds. This might be one of the world’s biggest…more

Artificial Intelligence, Cyber Attacks, Cyber Threats, Cybersecurity, Data Protection

See all updates »

Oregon Hikes Penalty Maximums for Workplace Safety Violations: 4 Things You Need to Know

Oregon lawmakers just passed more stringent civil penalties and expanded the scope of workplace safety investigations – which means employers need to immediately acquaint themselves with these modifications and grasp the…more

Employer Liability Issues, New Legislation, Oregon, OSHA, Penalties

See all updates »

Auto Dealer Snapshot: What Your Dealership Should Know and Do About the New Federal Overtime Rule

You may have heard about the so-called new “overtime” rule, which the U.S. Department of Labor announced on April 23. You also may have heard that the new rule will require employers to increase the annual salary paid to certain…more

Car Dealerships, Department of Labor (DOL), Minimum Salary, New Rules, Over-Time

See all updates »

10 Tips to Help Massachusetts Employers Navigate Wage And Hour Issues During Reopening

As Massachusetts employers navigate reopening their workplaces while complying with federal, state, and local guidelines, it is helpful to gain some insight into government enforcement priorities. The Fair Labor Division of the…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Earned Sick Time, Employer Liability Issues, Employer Responsibilities

See all updates »

FAQs for Businesses as Texas Data Privacy Law Takes Effect July 1

Texas will soon be the next state to have a comprehensive consumer data privacy and security law when the Texas Data Privacy and Security Act takes effect on July 1. It will require businesses to take several compliance steps,…more

Consumer Privacy Rights, Covered Entities, Data Collection, Data Privacy, Data Processors

See all updates »

Washington’s New Non-Compete Bill Brings Challenges For Employers

Finding that “workforce mobility is important to economic growth and development,” Washington just passed a new law that will significantly restrict noncompetition agreements with both employees and independent contractors. The…more

Employer Liability Issues, Employment Contract, Former Employee, Garden Leave, Hiring & Firing

See all updates »

Google Halts Plan to Phase Out Third-Party Cookies: 3 Essential Next Steps for Businesses

Google no longer plans to remove third-party cookies from its web browser, according to a July 22 announcement. Instead, the tech giant will explore other options that allow users to make informed choices that apply across their…more

Consumer Information, Cookies, Data Privacy, Google, Internet

See all updates »

Medical Spa Loses $300K After Botched Workplace Investigation: 5 Tips for Employers Investigating Potential Criminal Activity or Misconduct

Two vials of Botox went missing at a medical spa, and the employer had a hunch that a new employee had stolen them. After the police got involved, the employee was arrested and indicted for felony theft by a grand jury, but…more

Compensatory Damages, Employee Misconduct, Employer Liability Issues, Malicious Prosecution, Property Theft

See all updates »

Your Non-Compete and Trade Secrets To-Do List for August 2024

Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair competition…more

Covered Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Healthcare Workers

See all updates »

Time’s Up: New Kentucky Law Reduces Time Employees Have to Bring Discrimination and Wage Lawsuits

The Kentucky Legislature recently delivered good news to employers when it passed a new law reducing the time employees have to bring certain claims under state law, including discrimination, retaliation, wrongful discharge, and…more

Employer Liability Issues, Employment Discrimination, Employment Litigation, Hiring & Firing, New Legislation

See all updates »

Tennessee Veterans Have New Employee Leave Rights

Without much fanfare, Tennessee has a new employee rights law on the books providing veterans with the guaranteed right to take an unpaid day off from work on Veteran’s Day – November 11. This new law was passed by the state…more

Employee Benefits, Employee Rights, Holiday Leave, New Legislation, State Labor Laws

See all updates »

5 Reasons Why You Should Hire a Chief AI Officer – and 5 Reasons Why You Shouldn’t

Is it the hottest job in corporate America – or is it a passing fad that will fade away in a matter of months? Either way, 2024 will be the year of the Chief Artificial Intelligence Officer (CAIO). This Insight will briefly…more

Artificial Intelligence, C-Suite Executives, Hiring & Firing

See all updates »

Super Bowl Predictions! (And Some Workplace Advice for Employers While We’re At It)

Matt Carpenter: The 49ers will finally be able to shake off the Chiefs, winning their sixth Lombardi Trophy in a 31-24 game. Brock Purdy will go from Mr. Irrelevant to Super Bowl MVP, leading to an Academy Award-winning film in…more

Dress Codes, Employment Policies, Productivity, Sports Gambling, Super Bowl

See all updates »

An Employer’s Guide To Managing PTO Donation Requests In The COVID-19 Age

As the pandemic continues to scar wide portions of our society, a number of employees have expressed to their employers an interest in donating their own PTO to help co-workers and community members adversely impacted by…more

Charitable Organizations, Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, IRS

See all updates »

Businesses Have About a Month Left to Submit Comments on the FTC’s Proposed Non-Compete Clause Rule

Employers have about a month left if they want to submit a formal comment to the federal government about the proposal that would ban most noncompetition agreements and force you to rescind existing agreements – but should you?…more

Comment Period, Employment Contract, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

See all updates »

Labor Relations 101 For Dealerships: An 8-Step Plan To Protect Your Organization

Dealerships are increasingly susceptible to employee complaints about pay and working conditions as well as employee efforts to unionize. These employee actions are generally protected by the National Labor Relations Act (NLRA)…more

Car Dealerships, Dispute Resolution, Employee Benefits, Employee Rights, Employment Policies

See all updates »

Supreme Court Reins in Out-Of-Control Class Actions: Technical Statutory Violations Insufficient to Confer Class Members’ Standing

The U.S. Supreme Court just gave employers and businesses a powerful tool to fight back against those class actions seeking monetary damages where class members only experienced technical statutory violations. By a 5-to-4 vote…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

See all updates »

The Arbitration Whipsaw Continues – Court Reinstates Portions of California Prohibition of Mandatory Arbitration Agreements

- The Ninth Circuit rules that portions of Assembly Bill 51 are not preempted by the Federal Arbitration Act (“FAA”) and lifts a lower court’s injunction that barred the law from taking effect. - The court did rule that…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Employment Litigation

See all updates »

Dealership Update: Is it Time For a Trade-In of Your Employee Handbook?

Your employee handbook has something in common with the products you sell: neither lasts forever and both eventually will need an update. Think about when that new car rolled off the lot with that new car smell. It was equipped…more

Anti-Harassment Policies, Automotive Industry, Car Dealerships, EEO, Employee Handbooks

See all updates »

LinkedIn Over Her Head: When Broadcasting a Change in Employment Counts as Solicitation

A recent blog post discussed an Illinois state court decision evaluating an employer’s claim against a former employee for breach of a non-solicitation agreement, when the employee had added former co-workers on LinkedIn after…more

Breach of Contract, Broadcasting, Former Employee, LinkedIn, Non-Solicitation Agreements

See all updates »

Don’t Fall into the “Comp Time” Trap: It’s Generally Illegal in California

Many employees request time off instead of pay when they work overtime or are scheduled to work extra days including weekends, and you may be quick to oblige their wishes in an effort to be responsive to their desires. After…more

California, Compensatory Time Off, Corporate Counsel, Non-Exempt Employees, Over-Time

See all updates »

Comprehensive Checklist to Help Businesses Prepare for Soccer’s 2026 World Cup

Less than two years from now, visitors from around the world will descend on the U.S., Mexico, and Canada, as the three countries jointly host FIFA’s 2026 World Cup – and your business might want to start preparing already. It’s…more

Analytics, Artificial Intelligence, Business Disruption, Business Operations, Business Opportunities

See all updates »

Is the Post-Chevron Era All It’s Cracked Up to Be? 4 Reasons Businesses Might Not Celebrate the New Normal

Many business leaders celebrated the Supreme Court’s recent landmark ruling that offers a powerful new tool to fight back against regulatory agencies – but are hidden dangers lurking beneath this apparent victory? While the…more

Chevron Deference, Government Agencies, Loper Bright Enterprises v Raimondo, Regulatory Agencies, SCOTUS

See all updates »

Nationwide Calls to Ban Phones in K-12 Schools: Key Considerations for Private Schools on Whether to Adopt a Phone-Free Policy

States and public school districts across the country are pushing for cellphone bans in schools, claiming that the devices cause major classroom distractions and other negative effects on students. As a growing number of schools…more

Cell Phones, School Districts, School Policies, Smartphones, Students

See all updates »

Fire and Blood: How Marina Owners and Operators Can Avoid 2 Biggest Fueling Hazards This Summer

The seemingly mundane task of fueling a boat is fraught with hidden risks and potential liability for marina owners and operators, especially when it comes to dangers from fire and bloodborne pathogens. As you navigate the peak…more

Employer Liability Issues, Fires, Health and Safety, Marinas, Occupational Exposure

See all updates »

7 Key Considerations When Using Artificial Intelligence In Recruitment And Hiring

In the new age of remote work and social distancing, more and more employers are showing an interest in artificial intelligence (AI) when it comes to recruiting and hiring new talent. This includes using AI to automate the…more

Artificial Intelligence, Data Collection, Employer Liability Issues, Hiring & Firing, Human Resources Professionals

See all updates »

Missouri Voters to Decide on Minimum Wage Hikes and Paid Sick Leave: What’s at Stake for Employers If “Proposition A” Passes this Election Day

Missouri employers of all sizes could be significantly impacted if voters approve a state ballot initiative this Election Day that would gradually increase the minimum wage to $15 per hour by 2026 and guarantee paid sick leave…more

Ballot Measures, Covered Employees, Covered Employer, Employee Benefits, Minimum Wage

See all updates »

Do Unions Have A Place In The Gig Economy?

When considering the place of unions in the gig economy, many jump to the conclusion that the National Labor Relations Act does not apply because gig workers are usually independent contractors. While it is true that the NLRA…more

Collective Bargaining, Drivers, Gig Economy, Independent Contractors, Labor Relations

See all updates »

5 Key Takeaways for New Jersey Employers and Staffing Agencies as State Issues Proposed Regulations for Sweeping Temp Labor Law

New Jersey employers that rely on temporary labor are one step closer to fully understanding the contours of the groundbreaking temp worker rights law that recently took effect now that state regulators have released proposed…more

Comment Period, Employee Rights, Employer Liability Issues, Hiring & Firing, New Jersey

See all updates »

Top 7 New Workplace Safety Laws California Has Adopted – and Key Action Steps for Employers

The California legislature has passed a slew of new workplace safety laws – many of which would change the landscape for California employers. Now that the September 30 deadline for the governor to sign or veto bills has passed,…more

Agricultural Workers, Artificial Intelligence, Biofuel, Cal-OSHA, California

See all updates »

Landmark Privacy Regulations Could Soon Require Colorado Employers to Comply With Biometric Info Law: 3 Tips to Stay Protected

Colorado employers could soon need to comply with the disclosure and consent requirements of the state’s privacy act when they collect biometric identifiers from employees or applicants – which would make Colorado the first…more

Biometric Information, Colorado, Consent, Data Collection, Data Privacy

See all updates »

California Supreme Court Says Payments for Missed Breaks are “Wages”: A 3-Step Action Plan for Employers

The California Supreme Court ruled Monday that any premiums paid to employees who are unable to take a full and timely meal or rest period should be considered “wages,” which not only triggers two key obligations on the part of…more

CA Supreme Court, Corporate Counsel, Employer Liability Issues, Failure To Pay, Failure to Report

See all updates »

Controversial Florida Parents’ Bill of Rights Law Takes Effect July 1: What Private Schools Should Know

Florida Governor Ron DeSantis just signed into law the Parents’ Bill of Rights on June 29, enumerating the rights of parents and legal guardians to “direct the upbringing, education, health care, and mental health” of their…more

Emergency Response, Governor DeSantis, Guardians, Health Care Providers, Minor Children

See all updates »

5 Steps Manufacturing Employers Should Take As Industry Remains Top Target For COVID-19 Workplace Claims

Employers in the manufacturing industry have emerged as a prime target of COVID-19 workplace litigation. In fact, according to the Fisher Phillips COVID-19 Employment Litigation Tracker, manufacturing is the second-hardest hit…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Discrimination, Employment Litigation, Manufacturers

See all updates »

Employer FAQs on the New and Expansive Anti-Discrimination Rules in Pennsylvania’s Lehigh County

Employers with operations in Lehigh County, Pennsylvania, must comply with a new and expansive anti-discrimination ordinance that took effect June 1. Our FP attorneys developed this series of FAQs to address all employment…more

Anti-Discrimination Policies, Ban the Box, Criminal Records, Employer Liability Issues, Employment Discrimination

See all updates »

Snapshot on Manufacturing Industry: A Survival Guide to OSHA’s Regulation Allowing Union Walkthroughs of Union and Non-Union Worksites

Welcome to this edition of the FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing…more

Final Rules, Manufacturers, Manufacturing Employers, Manufacturing Facilities, OSHA

See all updates »

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

This detailed set of Frequently Asked Questions, fully updated for 2024, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to consider,…more

Business Closures, Disaster Preparedness, Employee Assistance Programs, Employee Benefits, Employee Privacy Rights

See all updates »

Growing Attacks on Corporate DEI Programs: 5 Employer Takeaways to Help Support Your Diversity, Equity, and Inclusion Efforts

Diversity, equity, and inclusion programs are facing scrutiny across the country, causing some employers to scale down their DEI initiatives or drop them altogether. As companies face pressure and increasing legal challenges,…more

Affirmative Action, Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Discrimination

See all updates »

Feds Ban Non-Compete Agreements: A 5-Step Plan for Employers

The federal government took an unprecedented step yesterday by finalizing a rule that seeks to ban non-competition agreements between nearly all employers and all workers. If the rule survives legal challenges, you will not only…more

Federal Trade Commission (FTC), Final Rules, Hiring & Firing, Non-Compete Agreements, Notice Requirements

See all updates »

Pennsylvania Proposes More Than Doubling the Salary Level for Overtime Exemptions

On June 12, 2018, the Pennsylvania Department of Labor and Industry (“DLI”) submitted a proposed rulemaking to amend the regulations that exempt executive, administrative, and professional (EAP) salaried workers from overtime…more

Comment Period, Department of Labor & Industry, Department of Labor (DOL), Exempt-Employees, Minimum Wage

See all updates »

Labor Board Temporarily Changes Notice Posting Requirement Due To Pandemic

The National Labor Relations Board usually requires employers to post on their premises notices of findings made against it by the Board within 14 days. However, the NLRB has temporarily modified this standard rule in order to…more

Coronavirus/COVID-19, NLRB, Notice Requirements, Posting Requirements, Unfair Labor Practices

See all updates »

Are You Ready for New Illinois Pay Transparency Rules? A Compliance Blueprint for Employers

Illinois employers will soon be required to reveal salary information in job postings, thanks to a new law that will take effect on January 1. Amendments to the Illinois Equal Pay Act will require covered organizations to…more

Disclosure Requirements, Employee Benefits, Employer Liability Issues, Equal Pay Act, Hiring & Firing

See all updates »

Get Ready, Texas: Paid Sick Leave May Soon Be On Its Way

Employers in Dallas and San Antonio are on the verge of having to provide your workers with paid sick leave – and these new city ordinances are set to go into effect in the next few weeks. When the legislative session came to a…more

Employee Benefits, Employer Liability Issues, Employment Policies, Legislative Agendas, Local Ordinance

See all updates »

Back-To-School FAQs For Educational Institutions During The COVID-19 Era

As the country begins to re-emerge amid the COVID-19 pandemic, whether and when any particular school will be ready to return for the upcoming school year and at what level will depend on the individual school, its location, and…more

Colleges, Coronavirus/COVID-19, Educational Institutions, Employer Responsibilities, Health and Safety

See all updates »

Workplace Safety Officials Provide New Guidance on When You Must Report Musculoskeletal Injuries

When are employee musculoskeletal illnesses and injuries required to be recorded and reported to federal workplace safety officials? The Occupational Safety and Health Administration (OSHA) recently released a new memorandum…more

New Guidance, OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Illness and Injury Reporting

See all updates »

Back To The Future: It’s Time To Prepare For A Rollback Of Employer Rights At The NLRB

As you prepare for the prospect of a Biden presidency, businesses large and small should consider the potential impact on decision-making and regulatory reform at the National Labor Relations Board (NLRB) – whether or not your…more

Biden Administration, Collective Bargaining, Employment Policies, Independent Contractors, Joint Employers

See all updates »

Transportation Arbitration Agreements Ruled Enforceable Under New Jersey’s Arbitration Act Despite U.S. Supreme Court Ruling

The New Jersey Supreme Court just ruled that state law ensures the enforceability of arbitration agreements with transportation workers despite a recent U.S. Supreme Court case that struck down such an agreement under federal…more

Arbitration Agreements, Commercial Truck Drivers, Federal Arbitration Act, Federal Aviation Administration (FAA), Independent Contractors

See all updates »

Cannabis Flash Survey: Industry Analysis for Construction, Healthcare, Hospitality, and Manufacturing Employers

When FP surveyed employers across the country about their position on testing applicants for cannabis and related topics, some interesting industry-specific information was revealed that could open eyes for those in…more

Construction Workers, Drug Testing, Healthcare Workers, Hiring & Firing, Hospitality Industry

See all updates »

New Registration Law Might Catch Some Kentucky PEOs by Surprise: What Your Business Needs to Do to Comply

A new Kentucky law that passed in 2022 has completely changed the landscape of PEO licensing in the state – and some of the registration requirements may catch even the most diligent businesses off guard. A few of the more…more

New Legislation, Professional Employer Organization, Registration Requirement

See all updates »

Weekly Checklist: How Stay Interviews Can Help Curb Career Cushioning

Each week, FP Weekly members receive a practical and cutting-edge checklist of issues to consider, action steps to take, and goals to accomplish to ensure you remain on the top of your game when it comes to workplace relations…more

Employee Retention, Hiring & Firing, Human Resources Professionals, Interviews, Recruitment Policies

See all updates »

Top Workplace Law Stories You May Have Missed from April 2023

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past month…more

Artificial Intelligence, Automation Systems, California Consumer Privacy Act (CCPA), Department of Labor (DOL), Enforcement

See all updates »

California Employers Face Minimum Wage Increases This July 1

With the Consumer Price Index recently showing the largest spike in 30 years, California employers need to brace themselves and prepare for the minimum-wage hikes going into effect in several cities across the state on July 1,…more

IRS, Local Ordinance, Minimum Wage, Paid Sick Leave, Standard Mileage Rates

See all updates »

The Super Bowl Shouldn’t Be A Super Headache For Employers

Now that we know that the Kansas City Chiefs will be playing the San Francisco 49ers in Super Bowl LIV in a few weeks, it’s time to assess whether this annual American tradition will create any workplace issues for your…more

Attendance, Dress Codes, Employer Liability Issues, Employment Policies, Lost Productivity

See all updates »

U.S. House Passes Federal Paid Family Leave Bill – Could It Be Coming Your Way Soon?

The U.S. remains one of only a handful of developed countries without a federal paid family leave law – but we are one step closer to such a plan becoming reality as the U.S. House of Representatives recently passed a program…more

Employee Benefits, Federal Labor Laws, Paid Family Leave Law, Paid Leave, Sick Leave

See all updates »

California Court Expands Tools for Invalidating Arbitration Agreements: 3 Steps Employers Can Take Now

A California appeals court recently ruled that a federal law preventing employers from requiring sexual harassment claims to be arbitrated also blocks arbitration of all other claims alleged as part of the same case. While this…more

Appeals, Arbitration, Arbitration Agreements, Federal Labor Laws, Mandatory Arbitration

See all updates »

SCOTUS Sets High Bar For Those Bringing Race Discrimination Cases

In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation. This…more

42 U. S. C. § 1981, Appeals, Burden of Proof, But For Causation, Civil Rights Act

See all updates »

Salary-Threshold Proposal Apparently Months Away

A recent U.S. Department of Labor regulatory status report indicates that no proposal to change the 2016 compensation revisions affecting the federal Fair Labor Standards Act's so-called "white collar" exemptions will be…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Proposed Rules, Wage and Hour, White-Collar Exemptions

See all updates »

Suspension of Premium Processing for H-1B Cases Starting on April 3, 2017

The U.S. Citizenship and Immigration Services (USCIS) has announced that starting on April 3, 2017 (and to continue for up to six months), it is suspending Premium Processing for all H-1B visa petitions, including petitions for…more

Foreign Workers, H-1B, USCIS, Visas

See all updates »

NY Retailers Must Implement Safety Measures to Combat Workplace Violence: 3 Steps to Compliance

Retail employers in New York will soon need to implement comprehensive safety measures designed to address the increasing problem of workplace violence. Last week, Governor Hochul signed into law the Retail Worker Safety Act…more

Employee Training, New Legislation, New York, Retail Workers, Retailers

See all updates »

California Court Expands Tools for Invalidating Arbitration Agreements: 3 Steps Employers Can Take Now

A California appeals court recently ruled that a federal law preventing employers from requiring sexual harassment claims to be arbitrated also blocks arbitration of all other claims alleged as part of the same case. While this…more

Appeals, Arbitration, Arbitration Agreements, Federal Labor Laws, Mandatory Arbitration

See all updates »

Don’t Panic Just Yet – The 8 Things Los Angeles Hotels Need to Do to Comply with New Worker Protection Ordinance

A new law set to take effect on August 6 will require hotels in the City of Los Angeles to implement new protections for certain hotel workers and raises the minimum wage at more hotels in the City of Los Angeles. Similar hotel…more

Anti-Retaliation Provisions, Employer Liability Issues, Hospitality Industry, Hotels, Local Ordinance

See all updates »

Alabama is the Latest State to Join the Pay Equity Law Bandwagon

Alabama recently joined 48 other states by passing a law banning wage discrimination. On June 11, Governor Kay Ivey signed HB 225, known as the Clarke Figures Equal Pay Act, into law. The Act’s effective date is August 1. In…more

Civil Rights Act, Employer Liability Issues, Equal Pay Act, Gender-Based Pay Discrimination, Governor Ivey

See all updates »

Overtime Rule Clears Major Hurdle in Advance of January 1 Effective Date: Key Steps for Employers

In a major win for the Department of Labor, a federal appeals court just ruled that the agency has the power to set a salary basis floor in order for workers to be considered exempt from overtime pay. Yesterday’s ruling from the…more

Corporate Counsel, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary

See all updates »

Student-Athletes Win This Tournament Round: The Supreme Court Issues a Unanimous Decision Against the NCAA on Benefits Issue

By a 9-0 vote, the U.S. Supreme Court yesterday ruled in favor of student-athletes on the NCAA rules restricting education-related benefits given to athletes. However, while the ruling in yesterday​​​​​​​’s NCAA v. Alston case…more

Alston v NCAA, Antitrust Violations, College Athletes, Colleges, Compensation

See all updates »

New Pittsburgh Ordinance Protects Workers Using Medical Cannabis: 4 Steps Employers Can Take Now

Pittsburgh employers must prepare for new workplace protections for medical cannabis patients due to a new anti-discrimination ordinance that will likely be signed into law. The new rules would prohibit employers from…more

Drug Testing, Employment Policies, Hiring & Firing, Job Applicants, Local Ordinance

See all updates »

New Jersey Governor Issues New Executive Order As State Experiences Coronavirus “Second Wave”

“It is coming and it is coming now,” says New Jersey Governor Phil Murphy of the second coronavirus wave hitting the state. To address the public health dangers of the new uptick in cases, which are exacerbated by the return of…more

Coronavirus/COVID-19, Employee Training, Employer Liability Issues, Executive Orders, Governor Murphy

See all updates »

Democratic Lawmakers Push for Compulsory Union Membership and Dues Payment in Reintroduced Legislation

In yet another push to strengthen worker organizing efforts, a group of Democratic lawmakers joined Senator Elizabeth Warren (D-Mass.) and Representative Brad Sherman (D-Calif.) last week in announcing the reintroduction of the…more

NLRA, Proposed Legislation, Right to Work, Union Dues, Union Membership

See all updates »

Employers Should Prepare For March’s H-1B Lottery – But Wage-Based Selection System Pushed Off Until Next Year

Federal immigration officials recently announced that the annual process for determining who will be able to apply for an H-1B visa will be held in largely the same manner as it was held last year – meaning that the proposed…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Lottery, USCIS

See all updates »

Wired For Sound: The Ins And Outs Of Workplace Recordings

Consider the all-too-real scenario of meeting with your employee for a disciplinary discussion. At the start of the meeting, he innocently puts his phone face down on the table. Unbeknownst to you, however, anticipating the…more

Audio Recording, Employee Handbooks, Employee Privacy Rights, Employment Policies, NLRA

See all updates »

Pandemic-versary is Upon Us: The 5 Ways Your Workplace is Different Now Than 3 Years Ago

It was March 11, 2020 – three years ago – that a series of earth-shattering events occurred over the course of a few hours that would forever change the nature of the workplace. Most of us remember exactly where we were on the…more

Coronavirus/COVID-19, Employment Policies, Mental Health, Remote Working, Vaccinations

See all updates »

The 7 Main Takeaways for Healthcare Employers Now That OSHA Has Finally Unveiled Its Long-Awaited COVID-19 Emergency Temporary Standard

Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the…more

Anti-Retaliation Provisions, Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Employee Training, Employer Responsibilities

See all updates »

Employer FAQs on Liquidity Concerns in Light of the SVB Crisis

The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage…more

Business Operations, Corporate Counsel, Employee Benefits, Employer Liability Issues, Furloughs

See all updates »

Flash Survey Reveals Half of Employers Don’t Test Applicants for Cannabis: 7 Biggest Employer Takeaways

48% of employers don’t test for cannabis in the pre-hire process, and many have made this choice to ensure they meet their talent acquisition and retention goals. In fact, 44% of organizations that do test for cannabis report…more

Drug Testing, Employee Retention, Hiring & Firing, Job Applicants, Marijuana

See all updates »

Kentucky Close To Passing Consumer Privacy Law: 10 Things Businesses Need to Know

Kentucky may soon become the next state to join the growing roster of states passing comprehensive consumer privacy laws, now one step closer to creating a framework that will have a significant impact on how businesses handle…more

Consumer Privacy Rights, Data Collection, Data Controller, Data Privacy, Data Processors

See all updates »

Agricultural Employers Could Face Less Oversight, More Uncertainty in the Post-Chevron Era: 3 Steps to Success

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking at…more

Agricultural Sector, Agricultural Workers, Chevron Deference, Government Agencies, H-2A

See all updates »

Full House: A Fully Constituted Biden NLRB is Here

Since President Biden’s inauguration, employers have known that the National Labor Relations Board (NLRB) would eventually return to a majority beholden to the interests of organized labor. However, the big question was when…more

Biden Administration, Labor Relations, NLRA, NLRB, NLRB General Counsel

See all updates »

Fair Workweek Laws: Navigating the What, Where, and How of Compliance

Employers currently face a patchwork of state and local “fair workweek” laws that are difficult to navigate. While federal lawmakers have recently stepped into the fray with their own proposals, seeking to establish more…more

Employee Rights, Employer Liability Issues, Fair Workweek, Federal Labor Laws, Hospitality Industry

See all updates »

California Supreme Court Hands Employers Rare PAGA Win by Limiting Powers of Additional Non-Party Plaintiffs

The California Supreme Court just held that a plaintiff in one PAGA action does not have the right to intervene or object to a judgment in a similar action even if a settlement or other resolution in that similar case results in…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Labor Law Violations, Motion To Intervene

See all updates »

California Agency Provides Insights into CCPA Enforcement Priorities: 3 Tips for Staying Off the Enforcement Radar

A recent board meeting of state officials revealed that the California agency responsible for overseeing the state’s landmark consumer privacy law received over 2,000 complaints for alleged violations in the past year alone –…more

California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Data Collection, Data Privacy

See all updates »

2 Key Employers Takeaways from Professional Sport’s Continued Adoption of Crypto and Blockchain Technology

As cryptocurrency and blockchain technology continue their way into the mainstream, one key industry that stands out for its adoption of blockchain technology is professional sports. Professional leagues and teams have been…more

Blockchain, Collective Bargaining Agreements (CBA), Cryptocurrency, Employer Liability Issues, Independent Contractors

See all updates »

AI Era Leads to New ADA Advice: 7 Things Employers Need to Know About New EEOC Guidance on Vision Impairments

Federal workplace officials recently clarified the responsibilities that employers using artificial intelligence have when it comes to applicants and workers with vision impairments, further adjusting existing legal guidelines…more

Americans with Disabilities Act (ADA), Artificial Intelligence, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

LA County's “Fair Chance Ordinance” Just Took Effect: What Employers Must Know About the Strict Criminal History Rules and New Era for Hiring Practices

Los Angeles County’s “Fair Chance Ordinance” took effect today, requiring employers in the unincorporated areas of the county to comply with criminal background check rules that are more restrictive than those that apply…more

Background Checks, California, Criminal Background Checks, Employer Liability Issues, Fair Chance Act

See all updates »

Expecting A Big Change: Nevada’s New Pregnant Workers’ Fairness Act

The state legislature recently enacted the Nevada Pregnant Workers’ Fairness Act (NPWFA) to expand the scope of protection for employees and applicants. The NPWFA is based on the federal Pregnancy Discrimination Act (PDA), and…more

Americans with Disabilities Act (ADA), Breastfeeding, Interactive Process, New Legislation, Notice Requirements

See all updates »

Alabama’s New Equal Pay Act Set To Soon Take Effect

The State of Alabama passed an Equal Pay Act in the 2019 legislative session that is set to take effect on September 1, 2019. Employers must begin their preparations to comply with the law now because there are new timekeeping…more

Employer Liability Issues, Equal Pay, Equal Pay Act, New Legislation, Pay Equity Laws

See all updates »

All the New California Workplace Laws You Need to Know About For 2025

Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will soon…more

Artificial Intelligence, California, Construction Industry, Crime Victims, Employer Liability Issues

See all updates »

Labor Department Provides Employers with New 10-Step Roadmap to Avoid AI Hiring Discrimination

Federal workplace officials just unveiled a new website guiding employers on best practices to avoid artificial intelligence discrimination during the hiring process, including a roadmap of 10 actions you should consider taking…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Corporate Counsel, Department of Labor (DOL)

See all updates »

Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution

Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic, most…more

Foreign Nationals, Green Cards, Hiring & Firing, National Interest Waiver, PERM

See all updates »

It’s The Lawmakers’ Turn: State Legislatures Take Steps To Ensure Gig Workers Are Contractors

Online digital marketplaces such as Uber, Handy, and PostMates are now firmly rooted in many American’s daily lives. With the seemingly overwhelming and growing presence, these companies continue to face uncertainty when…more

Gig Economy, Independent Contractors, Legislative Agendas, Misclassification, State Labor Laws

See all updates »

Could Thursday Be the Day? SCOTUS Signals Vaccine Decisions Might Be Released Later this Week

The Supreme Court may have just tipped its hand as to when employers can expect to learn the fate of both the OSHA Vaccine ETS and the CMS Healthcare Vaccine Mandate. SCOTUS released its updated calendar for the remainder of…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates, Healthcare Workers, OSHA

See all updates »

Federal Education Officials Release Pregnancy-Related Guidance to Assist With Title IX Compliance: 10 Quick Takeaways for Schools

The Department of Education recently released guidance to assist colleges and universities comply with pregnancy-related aspects of the new Title IX regulations that took effect on August 1. The “Nondiscrimination Based on…more

Colleges, Department of Education, Employee Rights, Lactation Accommodation, Leave of Absence

See all updates »

Macau Court’s Recent Ruling Aligns with Growing Trend to Protect Non-Resident Migrant Workers in Asia

A Macau court recently held in favor of non-resident Filipino workers who brought claims for unpaid wages against a cleaning service provider. The landmark ruling — finding the employer liable for multiple labor violations —…more

Asia, Employee Rights, Employer Liability Issues, Employment Litigation, Hiring & Firing

See all updates »

An Employer’s Step-By-Step Guide To COVID-19-Related Tax Credits For Paid Leave

The Internal Revenue Service just provided an initial guidance document to assist small- and medium-sized companies with the process of defraying the costs of paid sick leave required under the Families First Coronavirus…more

Coronavirus/COVID-19, Corporate Counsel, Families First Coronavirus Response Act (FFCRA), Paid Leave, Required Documentation

See all updates »

North Carolina Employers Face New Wage and Hour Requirements

North Carolina Governor Roy Cooper recently signed Senate Bill 208 into law to make changes to the state’s Wage and Hour Act — changes that may have a big impact on North Carolina employers. The changes took effect on July 8,…more

Hiring & Firing, New Legislation, North Carolina, Notification Requirements, State Labor Laws

See all updates »

A Recent Proposed Change In The Law Embraces A Broader Standard For Determining Who Is An ‘Employer’ In Kentucky

More businesses in Kentucky may be considered “joint employers” if a proposed change that appears to broaden the test for an employment relationship is finalized. In recent years, courts and administrative agencies have used…more

Comment Period, Hiring & Firing, Joint Employers, Proposed Regulation, Public Comment

See all updates »

Olympic Moms Are Changing the Game and So Can You: 5 Ways Employers Can Support the Olympic Feat of Balancing Work and Family

The Paris 2024 Summer Olympics are officially here, and this year is full of milestones – from the Olympic debut of “breaking” (you may call it breakdancing) to equal participation rates by male and female athletes for the first…more

Breastfeeding, Caregivers, Employee Benefits, Employee's Childcare, Employment Policies

See all updates »

Federal Government Announces New Affirmative Action Plan Certification Requirements for Federal Contractors

Federal officials just announced that supply and service federal contractors and subcontractors who meet the designated jurisdiction thresholds for creation and maintenance of Affirmative Action Plans (AAPs) will soon need to…more

Affirmative Action, Certification Requirements, Federal Contractors, OFCCP, Registration Requirement

See all updates »

Medical Marijuana Comes To Arkansas

After a narrow defeat of a medical marijuana proposition four years ago in socially conservative Arkansas, this year’s election result means that Arkansas will soon join many other states and become the first in the so-called…more

Corporate Counsel, Department of Health and Human Services (HHS), Dispensaries, Employer Liability Issues, Employment Policies

See all updates »

Illinois Supreme Court Makes Clear that Workers’ Compensation Law Does Not Preempt States’ Biometric Information Privacy Act

Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Employee Privacy Rights, Fingerprints

See all updates »

Steering Your Auto Dealership into Compliance with New Information Security Rules: A 9-Step Guide

Auto dealerships that provide financing are subject to the Gramm Leach Bliley Act (GLBA). That’s the old news. What’s new is that GLBA-covered businesses have until December 9 to implement significant changes to their…more

Car Dealerships, Consumer Privacy Rights, Customer Information, Data Privacy, Data Protection

See all updates »

Top Workplace Law Stories You May Have Missed from April 2023

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past month…more

Artificial Intelligence, Automation Systems, California Consumer Privacy Act (CCPA), Department of Labor (DOL), Enforcement

See all updates »

From Cannabis to Minimum Wage and Beyond: A Recap of Workplace Law Issues on State Ballots this Election Day

Voters will be deciding more than just who will capture the White House and Congress this Election Day – they’ll also be voting on a slew of state ballot measures that could change your workplace. How can you prepare? Read this…more

Corporate Counsel, Decriminalization of Marijuana, Employer Liability Issues, Labor Reform, Labor Regulations

See all updates »

Flash Survey Reveals Half of Employers Don’t Test Applicants for Cannabis: 7 Biggest Employer Takeaways

48% of employers don’t test for cannabis in the pre-hire process, and many have made this choice to ensure they meet their talent acquisition and retention goals. In fact, 44% of organizations that do test for cannabis report…more

Drug Testing, Employee Retention, Hiring & Firing, Job Applicants, Marijuana

See all updates »

The Dog Days of Sick Leave? NYC Considers Providing Workers Time Off to Care for Pets

Fido’s under the weather? Is Fluffy due for a check-up? A new bill introduced in the New York City Council aims to give employees time off to care for their furry (or scaley or feathered) friends. The proposed measure seeks to…more

City of New York, Corporate Counsel, Employee Retention, Mental Health, Paid Sick Leave

See all updates »

12-Step Plan To Help Navigate OSHA’s Continued Focus On Workplace Violence

Healthcare employees are nearly five times more likely than workers in other fields to be victims of workplace violence, according to federal government statistics. Because of this disparity, the Occupational Safety and Health…more

Employer Liability Issues, Health Care Providers, Healthcare Workers, OSHA, Policies and Procedures

See all updates »

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration…more

Biden Administration, Collective Bargaining, Collective Bargaining Agreements (CBA), Construction Industry, Construction Project

See all updates »

Democratic Lawmakers Push for Compulsory Union Membership and Dues Payment in Reintroduced Legislation

In yet another push to strengthen worker organizing efforts, a group of Democratic lawmakers joined Senator Elizabeth Warren (D-Mass.) and Representative Brad Sherman (D-Calif.) last week in announcing the reintroduction of the…more

NLRA, Proposed Legislation, Right to Work, Union Dues, Union Membership

See all updates »

Is Your AI Prompt Engineer Exempt From Overtime Pay? An Employer’s 5-Step Guide to Avoiding Misclassification Mistakes

As the AI revolution takes hold, employers are hiring for jobs we never imagined just a few years ago. This may leave you in the dark when trying to figure out if your new hires, including Prompt Engineers, will truly meet the…more

Administrative Exemption, Artificial Intelligence, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Hiring & Firing

See all updates »

Private Facebook Posts Could Be Fair Game For Discovery

New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)…more

Appeals, Disclosure, Discovery Disputes, Electronically Stored Information, Facebook

See all updates »

5 Key 2022 Updates to Form I-9 Compliance as Employers Head Into 2023

As we say goodbye to 2022 and set course for 2023, it’s a good time to reflect on changes that have occurred in the past year – and changes we expect to occur in the new year. This is especially true when it comes to the field…more

Artificial Intelligence, Audits, Compliance, Department of Homeland Security (DHS), E-Verify

See all updates »

New Illinois Restrictive Covenant Law Ushers in New Day for Financial Services Employers

Illinois recently joined a growing number of states by enacting tighter restrictions on the enforceability of workplace restrictive covenants – and financial services firms both in and out of Illinois need to start facing a new…more

Financial Services Industry, Illinois, New Legislation, Non-Compete Agreements, Non-Solicitation Agreements

See all updates »

Will the EEOC Start Collecting Pay Data Again? 5 Pointers for Employers as You Track This Development

The federal government wants you to share employee pay data again, along with the demographic data you already submit on employee job titles, sex, and race/ethnicity. According to its July 5 regulatory agenda, the Equal…more

Corporate Counsel, Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Pay Data

See all updates »

What New York City Employers Need to Know About The First Court Rulings in Early COVID 19 Related Workplace Litigation

Of the more than 2,300 COVID-19-related employment lawsuits we have been tracking, many have at least one thing in common: they relate to employees who had (or suspect they had) the virus in late 2019 or early 2020 – before, for…more

Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues, Employment Litigation, Failure to Accommodate

See all updates »

All the New California Workplace Laws You Need to Know About For 2025

Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will soon…more

Artificial Intelligence, California, Construction Industry, Crime Victims, Employer Liability Issues

See all updates »

Eligibility Rules Need To Be In Writing

Healthcare reform continues to roll on. 2014 saw the implementation of the health insurance exchanges, the Individual Mandate, and a host of new rules relating to employer-provided health coverage. 2015 marks the start of yet…more

Affordable Care Act, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Employer Mandates, Full-Time Employees

See all updates »

Workplace Law Forecast 2023 - Legal predictions to help you prepare for the coming year in workplace law

It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all: - At the start of 2020, no one could have predicted COVID-19. - None of us had heard the phrase…more

Affirmative Action, Background Checks, Blockchain, Coronavirus/COVID-19, Corporate Counsel

See all updates »

6 Important Changes to the Illinois Employment Law Landscape for 2025: What Employers Should Do to Prepare

Following a busy 2024 session for the Illinois legislature that will impose new requirements on employers, Governor JB Pritzker signed into law a number of additional bills that will take effect on January 1, 2025, and have…more

Amended Legislation, Anti-Discrimination Policies, Anti-Harassment Policies, E-Verify, Employer Liability Issues

See all updates »

Workplace Safety and Mine Safety Will Be Transformed in the Post-Chevron Era: What Should Employers Expect?

The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law. We’re looking at the specific federal…more

Chevron Deference, Citations, Department of Labor (DOL), Jurisdiction, Mine Safety and Health Administration (MSHA)

See all updates »

Key Points California Employers Need to Know About New Federal Pregnancy Accommodation Requirements

Employers face significant new pregnancy accommodation requirements thanks to recent federal regulations under the Pregnancy Workers Fairness Act (PWFA) that took effect last month. But did you know that California employers –…more

California, Documentation, Essential Functions, Interactive Process, Pregnancy

See all updates »

Washington Just Turned Many Non-Solicitation Agreements into Illegal Non-Competes: Tips on How You Can Still Protect Your Business

Washington state law just changed in a way that might have made your company’s non-solicitation agreements unenforceable and illegal. Recent amendments to the state non-compete statute took effect on June 6 and significantly…more

Corporate Counsel, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

California Restaurant Groups Ask Fast Food Council to Slow Down Plans to Hike Minimum Wage Beyond $20 Per Hour

California’s newly established Fast Food Council was inundated at its September 12 meeting by competing testimony – organized labor on one side and restaurant groups on the other – about potential plans to raise the industry…more

California, Fast-Food Industry, Food Service Workers, Minimum Wage, Restaurant Industry

See all updates »

3 Key Reminders to Ensure Your Non-Compete Agreements are Effective and Enforceable in 2022

Employers routinely rely on restrictive covenants, such as non-compete agreements and non-solicitation agreements, to remain competitive and protect important confidential information and trade secrets. However, in the past year…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Non-Compete Agreements

See all updates »

Employers Need To Be Wary About Renewed Unemployment Fraud

Imagine learning that your organization has received an official notice from a state department of labor office noting that your application for unemployment benefits has been approved in connection with your recent layoff, and…more

Coronavirus/COVID-19, Fraud, Unemployment Benefits, Unemployment Insurance

See all updates »

How to Support Your LGBTQ+ Employees on International Business Trips: 5 Tips for Employers

A business trip abroad can be an exciting experience for your employees, but it also requires careful planning to ensure a smooth and safe journey. This is particularly true for your LGBTQ+ employees who may have more obstacles…more

Business Travel, Employee Training, Gender Identity, International Travel, LGBTQ

See all updates »

Have Your Dealership’s ADA Obligations Changed During The Pandemic?

Over the past several weeks – or months, depending on where you are located – dealerships have had to quickly respond to challenges stemming from the COVID-19 outbreak. From closing sales departments, to working with employees…more

Americans with Disabilities Act (ADA), Car Dealerships, Coronavirus/COVID-19, Disability Discrimination, Employer Liability Issues

See all updates »

Federal Immigration Officials Announce H-1B Cap Registration Updates and New Program Integrity Measures: Key Points for Employers

Employers should get ready for the 2025 H-1B cap registration to open at 12 PM EST on March 6 and run through 12 PM EST on March 22. Employers will continue to have the opportunity to complete and submit their registrations…more

H-1B, Highly-Skilled Workers Visa, Registration Fees, Registration Requirement, USCIS

See all updates »

Is Your Business Prepared for an I-9 Audit this Holiday Weekend? A 5-Step Action Plan

Last year, federal immigration authorities decided that summer holiday weekends were the perfect time to spring I-9 audits on unsuspecting employers – and signs point toward this trend repeating this coming July 4 and Labor Day…more

Audits, Employer Liability Issues, Employment Eligibility Verification, Form I-9, Hiring & Firing

See all updates »

NFTs Aren’t Just Revolutionizing Art, Sports, and Videogames – They’re Changing the Future of Employment

NFTs – or non-fungible tokens – are increasingly popular among artists, sports figures, and the video game industry. But NFTs (some selling for upwards of eight figures) are not just for gamers, Mark Cuban, and the ultra…more

Best Practices, Blockchain, Confidential Information, Data Privacy, Data Protection

See all updates »

Coming USCIS Furloughs Expected to Further Delay Petition Processing

Due to a dramatic decrease in revenue during the coronavirus pandemic, roughly 13,400 U.S. Citizenship and Immigration Services (USCIS) employees will receive notice of administrative furlough on or before July 2. USCIS has…more

Coronavirus/COVID-19, Delays, Furloughs, Hiring & Firing, Layoffs

See all updates »

Feds Ban Non-Compete Agreements: A 5-Step Plan for Employers

The federal government took an unprecedented step yesterday by finalizing a rule that seeks to ban non-competition agreements between nearly all employers and all workers. If the rule survives legal challenges, you will not only…more

Federal Trade Commission (FTC), Final Rules, Hiring & Firing, Non-Compete Agreements, Notice Requirements

See all updates »

Supreme Court Blocks Access to Company Property for Agricultural Union Organizing Absent Just Compensation

In an opinion authored by Chief Justice John Roberts, the Supreme Court yesterday issued a ruling that should result in a decrease in union organizing efforts for agricultural workers. In a 6-to-3 ruling in Cedar Point Nursery…more

Agricultural Workers, Cedar Point Nursery v Hassid, Farm Workers, Farms, Fifth Amendment

See all updates »

Do Your Employees Get Time Off to Vote? A State-By-State Guide for Employers

Election Day will be here before we know it, and with record-breaking turnout expected in some states, it's essential to understand your obligations regarding employee voting leave. Do you know the rules that apply to your…more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Regulations, Presidential Elections

See all updates »

California Determined to Take Lead on AI Regulation: A Glance at The State’s Proposed Artificial Intelligence Rules

California wants to rein in artificial intelligence – and that means employers and businesses need to step up and pay attention. State lawmakers are considering more than 30 AI-related bills across a wide range of topics while…more

Access to Information (ATI), Algorithms, Artificial Intelligence, California, Consumer Privacy Rights

See all updates »

Are You Thinking About Bringing Your Employees Back to the Office? Read This First

You may have read recent headlines about companies making moves to bring more workers back onsite. Even Zoom — the online meeting platform that got many people through the pandemic — is calling for a bigger in-person presence in…more

Employee Benefits, Employer Liability Issues, Employment Policies, Remote Working, Return-to-Work Agreements

See all updates »

Managed By Robots: Dystopian Fate Or Utopian Fantasy?

These days, technology occupies nearly every part of our lives. There is an app for everything, and we can order virtually anything we want on demand and have it arrive on our doorstep nearly immediately. We want things, we want…more

Automation Systems, Disability Discrimination, Employee Privacy Rights, Employee Tracking, Rest and Meal Break

See all updates »

The Dog Days of Sick Leave? NYC Considers Providing Workers Time Off to Care for Pets

Fido’s under the weather? Is Fluffy due for a check-up? A new bill introduced in the New York City Council aims to give employees time off to care for their furry (or scaley or feathered) friends. The proposed measure seeks to…more

City of New York, Corporate Counsel, Employee Retention, Mental Health, Paid Sick Leave

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide