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...more
While many federal and state laws protect employees against harassment, workplace bullying often isn’t covered unless it is based on a protected characteristic, such as race or gender. But that doesn’t mean employers should...more
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,...more
Many restaurants utilize tip pools to encourage teamwork, consistency, and customer-focused service – but you may be confused about who can and can’t participate in the pool. You feel confident that your servers and...more
5/17/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
While we respect Taylor Swift’s accomplishments for so many reasons, your #FPSwifties particularly admire Ms. Swift as an employer. From employee appreciation (those legendary tour bonuses sound really nice!) to her...more
Singer-songwriter Lizzo was all over the headlines last week — but not for one of her latest hit songs. Instead, the Grammy-award-winning entertainer was sued by three former dancers asserting various claims, including...more
Employers should review their diversity, equity, and inclusion (DEI) and anti-discrimination policies as federal and state laws protecting transgender workers continue to take shape. Earlier this month, the Equal Employment...more
5/8/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Best Practices ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Title VII ,
Transgender
Employers in the hospitality industry have been through it all in recent years – from the devastation of the pandemic to ongoing labor shortages to an impending recession. These challenges and dramatic changes have surely...more
1/19/2023
/ Bonuses ,
Employer Liability Issues ,
Hospitality Industry ,
Managers ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
Salaried Employees ,
Service Charges ,
Supervisors ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Unpaid Overtime ,
Wage and Hour
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
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The seemingly never-ending pandemic has affected all aspects of the workplace, with employee mental health and well-being becoming one of the top employee-related issues you need to deal with on a daily basis. The EEOC...more
5/3/2022
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Assistance Programs ,
Employee Training ,
Employer Liability Issues ,
Interactive Process ,
Mental Health ,
Reasonable Accommodation ,
Remote Working ,
Wellness Programs ,
Work-Induced Stress
You may recall the Seinfeld episode where Elaine Benes consumes a $29,000 piece of cake from the 1937 wedding of the Duke and Duchess of Windsor. A birthday cake from an office party in Kentucky may have that pricey wedding...more
Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more
1/26/2022
/ Bitcoin ,
Blockchain ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Incentives ,
Infectious Diseases ,
Non-Fungible Tokens (NFTs) ,
OSHA ,
Tax Liability ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Federal workplace safety officials just released the mandate-or-test workplace vaccine emergency rule, and employers are sure to have questions. The Emergency Temporary Standard (ETS) developed by the Occupational Safety and...more
11/5/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Federal Contractors ,
Healthcare Workers ,
Joint Employers ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Accommodation ,
Remote Working ,
Reporting Requirements ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Illness and Injury Reporting ,
Workplace Safety
As vaccine mandates increase, employers may face yet another headache in the continuing stream of pandemic-related concerns: employees presenting fake cards when asked to establish proof of vaccination. What can you do if you...more
Although the COVID-19 vaccines are expected to receive full FDA approval – perhaps as soon as later this month – an increasing number of businesses are not waiting for full authorization and are pressing forward to require...more
The Department of Labor started off 2020 by focusing its enforcement efforts on child labor law compliance. In January, several large quick-service franchisee restaurants were slapped with hefty penalties for violating child...more
You’ve got a packed restaurant dinner rush and now a lactating employee you are legally required to accommodate. The problem is there is no time in the schedule for someone to leave the floor and nowhere to put her. What do...more