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
8/21/2020
/ Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Charitable Donations ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Data Privacy ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Force Majeure Clause ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Health and Safety ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
Highly-Skilled Workers Visa ,
HIPAA Privacy Rule ,
Hiring & Firing ,
Hurricane Season ,
Infectious Diseases ,
Labor Relations ,
Medical Leave ,
Military Leave ,
Military Service Members ,
Natural Disasters ,
NLRB ,
OSHA ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers ,
State Labor Laws ,
Unemployment Benefits ,
Unemployment Compensation System ,
Unions ,
USCIS ,
USERRA ,
Visa Applications ,
Visas ,
Volunteers ,
Wage and Hour ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
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
6/2/2020
/ Electronic Communications ,
Email ,
Email Policies ,
Employer Liability Issues ,
Federal Labor Laws ,
Information Technology ,
NLRA ,
NLRB ,
Purple Communications ,
Reversal ,
Section 7 ,
T-Mobile ,
Union Organizers ,
Unions
On the eve of their scheduled implementation date, a federal court judge in Washington, D.C. struck down significant portions of the National Labor Relation’s Board new union representation procedures – handing a significant...more
The Fisher Phillips COVID-19 Taskforce has assembled this guidance document, containing answers to a series of Frequently Asked Questions, especially designed for unionized employers. The Taskforce also maintains a...more
3/23/2020
/ Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Force Majeure Clause ,
Infectious Diseases ,
Information Requests ,
Unfair Labor Practices ,
Union Elections ,
Unions ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
Fisher Phillips has assembled a cross-disciplinary taskforce of attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 coronavirus – especially now that the...more
3/3/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Foreign Workers ,
Global Workforce ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
Labor Relations ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Traveling Employee ,
Wage and Hour ,
WARN Act ,
Workplace Safety
The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more
2/26/2020
/ Burden of Proof ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Employment Contract ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
New Rules ,
NLRA ,
NLRB ,
Staffing Agencies ,
Terms and Conditions ,
Wage and Hour
Thanks to a constitutional provision that requires Florida to adjust its minimum wage each year to match inflation, employers in the Sunshine State must now pay their employees at least $8.56 per hour. The 10-cent increase...more
Labor Board Further Tightens Union Access To Employer Property -
In yet another ruling that levels the labor relations playing field, the National Labor Relations Board ruled on Friday that employers could rightfully...more
9/10/2019
/ Anti-Discrimination Policies ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
Non-Solicitation Agreements ,
Private Property ,
Property Access ,
Union Organizers ,
Union Representatives ,
Unions
Immigration and Customs Enforcement (ICE) threatened to start to carry out a series of immigration raids this weekend seeking to identify and apprehend undocumented individuals – with some potentially occurring at the...more
7/16/2019
/ Audits ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
NLRA ,
Raids ,
Search Warrant ,
Undocumented Immigrants
The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more
4/2/2019
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
NLRB ,
Proposed Regulation ,
Proposed Rules ,
Terms and Conditions ,
Unions ,
Wage and Hour
In a significant ruling which will benefit companies, the National Labor Relations Board on January 25th, revised the test it uses for determining whether workers are employees or independent contractors by making it easier...more
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
10/11/2018
/ #MeToo ,
Background Checks ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Epic Systems Corp v Lewis ,
Governor Brown ,
Hiring & Firing ,
Joint Employers ,
Lactation Accommodation ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Sexual Harassment ,
Unions
Employee walkouts and protests are likely to occur on a large scale starting yesterday and lasting through Thursday, spurred on by the union-supported “Fight for $15” movement and in anticipation of the upcoming midterm...more
10/3/2018
/ Attendance ,
Caregivers ,
Collective Bargaining Agreements (CBA) ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Fast-Food Industry ,
Hospitality Industry ,
Janitorial Services ,
Minimum Wage ,
NLRA ,
Private Property ,
Professors ,
Protected Concerted Activity ,
Protests ,
Restaurant Industry ,
SEIU ,
Social Media Policy ,
Strike ,
Unions ,
Wage and Hour
In a move that has been anticipated for several months, the National Relations Labor Board today published a proposed rule that would fundamentally alter the definition of joint employment, making it more difficult for...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Franchisee ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Rulemaking Process ,
Staffing Agencies ,
Terms and Conditions
With the Senate’s confirmation of John Ring to the National Labor Relations Board on April 11 and the administration’s subsequent announcement on April 12 that he will be designated as the agency’s Chair, the Board is once...more
If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more
1/18/2018
/ Budget Reconciliation ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Shutdown ,
Green Cards ,
Labor Relations ,
NLRB ,
OSHA ,
PERM ,
Small Business ,
Trump Administration ,
US State Departments ,
USCIS ,
Visas ,
Wage and Hour ,
Work Visas ,
Workplace Safety
There is little doubt that the National Labor Relations Board (NLRB) is making its impact felt – even if your company never sees a union. By expanding its concept of “concerted protected activity,” the Board has staked out...more
Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more
11/6/2015
/ Best Management Practices ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Fast-Food Industry ,
Joint Employers ,
Minimum Wage ,
NLRB ,
Restaurant Industry ,
Right to Control ,
SEIU ,
Strike ,
Unions
In a 3-2 decision, the National Labor Relations Board (NLRB) announced yesterday a broad new standard for determining whether two businesses are “joint employers” for purposes of collective bargaining. Browning-Ferris...more
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...more