In a ruling sure to leave businesses and gig economy companies crying foul, the National Labor Relations Board concluded that workers producing electronic video display content for the NBA’s Minnesota Timberwolves were...more
8/30/2017
/ Basketball ,
Classification ,
Corporate Counsel ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
NBA ,
NLRB ,
Popular ,
Union Organizers
There’s good news for Oregon employers about the recently concluded 2017 legislative session: unlike years past, there were only a very small number of workplace laws passed. In fact, the Oregon Legislature only passed four...more
8/17/2017
/ Business Justification ,
Earned Sick Time ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Fair Workweek ,
Gender-Based Pay Discrimination ,
Governor Brown ,
New Legislation ,
Over-Time ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
Unions ,
Wage and Hour ,
Work Schedules
In what appears to be a first-of-its kind decision, the National Labor Relations Board recently determined that an employer committed an unfair labor practice when one of its managers asked a pointed question via text message...more
6/14/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Interrogations ,
Leave of Absence ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Text Messages ,
Unfair Labor Practices ,
Union Elections ,
Unions
Earlier this week, the U.S. Department of Labor dropped a bit of a bombshell when it announced the immediate withdrawal of two informal guidance letters issued back when President Obama governed the executive branch. The 2015...more
6/12/2017
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Wage and Hour
A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more
5/26/2017
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability ,
Disability Discrimination ,
Disability Leave ,
Dismissals ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Extensions ,
Interactive Process ,
Medical Leave ,
Reasonable Accommodation
Whenever the topic of sexual harassment reaches mainstream media outlets, people are bound to take notice. And when sexual harassment allegations involving a prominent public figure like Bill O’Reilly appear in the headlines...more
This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more
I coauthored an article last week about Uber’s big misclassification victory in a California court. This decision has not (yet) received the national attention it deserves, probably because of the procedural quirks involved...more
The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more
3/4/2017
/ Appeals ,
Commission on Human Rights ,
Damage Caps ,
Dismissals ,
Employer Liability Issues ,
Exclusive Remedy ,
Exhaustion Doctrine ,
Preemption ,
Reversal ,
Sexual Assault ,
Sexual Harassment ,
State Law Tort Claims ,
TX Supreme Court ,
Vicarious Liability
A California court quietly granted ride-sharing giant Uber a significant victory last week in the ongoing misclassification battle over whether its drivers are properly classified as independent contractors. Although this...more
January 2017 is one of those rare months including a Friday the 13th, which might bring to mind a horror movie where a seemingly vanquished killer somehow rises to his feet – once again! – to wreak havoc on his stunned...more
This Monday after Thanksgiving – also known as Cyber Monday – is expected to be the largest online shopping day in history. Last year, an estimated 52% of Americans participated in Cyber Monday and spent over $3.1 billion,...more
The federal appeals court in New York just adopted a broad standard for employer liability as a consequence of discriminatory acts by their employees. This standard opens the door to a significant increase in claims being...more
The federal Securities and Exchange Commission (SEC) has issued six-figure fines to two different employers in the past several weeks, claiming that each crafted restrictive severance agreements that violated agency rules...more
In a surprising development, a federal court judge rejected a proposed settlement yesterday which would have seen gig giant Uber pay up to $100 million to resolve a series of legal claims challenging its classification model,...more
An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more
Three Things You Should Know About Latest Court Decision -
A federal court recently upheld the validity of an employer’s class action waiver, forcing a disgruntled worker into arbitrating his case individually instead of...more
But Decision Provides Ample Warning To Employers -
A federal court of appeals recently announced that it had no choice but to deny an LGBT plaintiff’s request to proceed with a sexual orientation discrimination claim...more
The New Jersey Supreme Court just ruled that employers are not permitted to shorten the time frame that workers have to file a discrimination claim under the New Jersey Law Against Discrimination (NJLAD), reversing a 2014...more
The ride-sharing company Uber recently announced a preliminary $100 million agreement to settle claims alleging that it improperly classifies its workforce as independent contractors. Because the settlement involves the...more
For the first time, a federal appeals court has dealt a serious blow to class and collective action waivers in arbitration agreements. In Jacob Lewis v. Epic Systems Corporation, the 7th Circuit Court of Appeals held that a...more
It’s an expression you hear often among police officers and other sworn employees: “You Lie, You Die.” That is, if you are caught being deceptive about any work-related subject, you will be terminated and your career will be...more
Of all the heartfelt gestures you can make this Valentine’s Day – sending roses, a box of chocolates, or even just a greeting card – perhaps nothing means more than simply saying “I love you.” But an employer who did just...more
What better way to prepare for the new year than to review the biggest developments in the world of labor and employment law that took place over the past 12 months? Presenting Fisher & Phillips’ annual end-of-the-year...more
The Portland City Council passed its own version of a “Ban The Box” law right before the Thanksgiving holiday, which will require most businesses operating in the city to adjust their hiring practices. Under the strict new...more