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
3/14/2023
/ Business Operations ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Furloughs ,
Hiring & Firing ,
Involuntary Reduction in Force ,
Labor Relations ,
Layoffs ,
Liquidity ,
Notice Requirements ,
Unemployment Benefits ,
Wage and Hour
“For too long, workers have been getting stiffed. But not anymore. We’re beginning to restore the dignity of work.” With these words, spoken by President Biden midway through his State of the Union address Tuesday night,...more
2/10/2023
/ Biden Administration ,
Employee Benefits ,
Hiring & Firing ,
Immigration Reform ,
Labor Reform ,
Labor Relations ,
Medical Leave ,
Minimum Wage ,
Non-Compete Agreements ,
Paid Leave ,
State of the Union ,
Wage and Hour
When the US Department of Labor’s Wage and Hour Division published a Final Rule on the regular rate in late 2019, it gave employers the freedom to more easily offer perks and benefits to their employees without running afoul...more
1/4/2023
/ Bonuses ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Contributions ,
Fair Labor Standards Act (FLSA) ,
Gifts ,
Holiday Pay ,
Look-Back Measurement Period ,
Over-Time ,
Premium Pay ,
Profit Sharing ,
Rate of Pay ,
Stock Options ,
Tipped Employees ,
Vacation Pay ,
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 “the...more
1/3/2023
/ Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Form I-9 ,
Hiring & Firing ,
Job Applicants ,
Labor Law Violations ,
Labor Relations ,
OSHA ,
Over-Time ,
Privacy Laws ,
Restrictive Covenants ,
Wage and Hour ,
Workplace Safety
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
As you plan your 2023 budgets, you may want to account for a potential increase in the exempt salary threshold under an anticipated new federal overtime rule. The Department of Labor (DOL) initially aimed to release the...more
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 COVID-19 pandemic altered where our employees work, with many businesses shifting to full-time remote work or hybrid models that allow employees to split their time between home and the office. But this seismic shift...more
Like many employers, you may have shifted to a remote work or hybrid model allowing employees to work from home full time or split their time between home and the office. But have you decided how you will pay remote workers,...more
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...more
9/9/2022
/ Business Closures ,
Corporate Counsel ,
Disaster Preparedness ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Visas ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Safety
COVID-19 changed work as we know it. For more than two years, countless employees have worked remotely from the comfort of their homes and have not stepped foot into an office. Although some debate its benefits, there is...more
We recently provided our predictions for what employers could expect to see in the wage and hour field over the next year as part of our FP Forecast series – but we had too many insights to fit into that edition. So we’ve...more
2/18/2022
/ Bonuses ,
Class Action ,
Collective Actions ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Labor Shortage ,
Misclassification ,
Over-Time ,
Remote Working ,
Retaliation ,
Wage and Hour
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
2/17/2022
/ Affirmative Action ,
Artificial Intelligence ,
Automation Systems ,
Corporate Governance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Environmental Social & Governance (ESG) ,
Federal Contractors ,
Greenhouse Gas Emissions ,
Hiring & Firing ,
Indictments ,
Infrastructure ,
Labor Shortage ,
Manufacturers ,
Minors ,
Misclassification ,
No-Poaching ,
Remote Working ,
Sustainability ,
Wage and Hour ,
Whistleblowers
As we predicted, on February 10, 2022, Congress passed the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act" (the Act) with strong bipartisan support, thus amending the Federal Arbitration Act (FAA) to...more
Despite being described as “more deeply divided than ever,” Congress is poised to pass a #MeToo-inspired bill with bipartisan support that would prevent employers from enforcing pre-dispute arbitration agreements without the...more
The Supreme Court just blocked OSHA’s vaccine ETS from being enforced for the foreseeable future, meaning your compliance to-do list has gotten significantly shorter – but it has by no means disappeared. While today’s 6 to 3...more
In a terse 22-page opinion, the U.S. Court of Appeals for the Fifth Circuit reaffirmed its preliminary stay that blocked the mandate-or-test Emergency Temporary Standard (ETS) late Friday, further complicating the status of...more
As employers implement their own internal COVID-19 protocols and procedures, many have the additional burden of complying with third-party vaccine policies or enforcing their own vaccine policies upon non-employees such as...more
10/27/2021
/ Confidential Information ,
Coronavirus/COVID-19 ,
Customers ,
Documentation ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Public Accommodation ,
Reasonable Accommodation ,
Religious Accommodation ,
Temporary Employees ,
Vaccinations ,
Vendors ,
Visitors ,
Workplace Safety
As more businesses are requiring proof of vaccination for their employees and customers, a question that often arises is whether it is lawful to ask an applicant about their vaccine status. While we are generally hesitant...more
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
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
After several weeks of tense negotiations and legislative twists and turns, President Biden’s latest COVID-19 stimulus package – the American Rescue Plan – has been passed by Congress and will become law once the president...more
3/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Multiemployer Plan ,
Pensions ,
Popular ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Benefits ,
Unions ,
Vaccinations ,
Wage and Hour
In the early morning hours of Saturday, February 27, the U.S. House of Representatives passed President Biden’s $1.9 trillion latest COVID-19 stimulus bill, containing a slew of employment-related initiatives that could have...more
3/1/2021
/ Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Multiemployer Plan ,
Pensions ,
Popular ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Benefits ,
Unions ,
Vaccinations ,
Wage and Hour
President-elect Biden has unveiled an ambitious legislative package that would serve to not only provide a third wave of economic stimulus relief to address the impacts of the COVID-19 pandemic but also transform the American...more
1/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Paid Leave ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Insurance ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
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
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death
The U.S. Department of Labor, Wage and Hour Division (DOL) issued an Opinion Letter on August 31 concluding that, under the Fair Labor Standards Act (FLSA) and its implementing regulations, employers are permitted to...more