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HTMLCan I Get A Witness (Or At Least A Witness Statement)? NLRB Rules Witness Statements Are Now Fair Game
Suhaill M. Morales; Fisher & Phillips LLP;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
For over 35 years, the National Labor Relations Board (NLRB) held that witness statements obtained by unionized employers during pre-arbitration investigations were exempt from disclosure to the union. However, on June 26, 2015, the NLRB reversed its own long-standing precedent and ruled that such...

 

HTMLRisky Business: A Three-Step Plan For Addressing Harassment By Nonemployees
Ted Boehm; Fisher & Phillips LLP;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
Employers have long understood that they face potential liability when an employee is sexually harassed by another employee and they do nothing to prevent or fix the known problem. It is also true, but perhaps less well known, that similar liability can result when employees are harassed by...

 

HTMLWashington Employers Must Pay Piece Rate Workers Additional Rest Break Compensation
Catharine M. Morisset; Fisher & Phillips LLP;
Legal Alert/Article
August 5, 2015, previously published on July 23, 2015
With some limited exceptions, Washington State wage and hour rules require that workers receive a paid 10 minute rest break for every four hours worked. The Washington Supreme Court has now expanded employer obligations in this regard by ruling that employers must pay piece rate workers additional...

 

HTMLIs Your Health Plan HIPAA Compliant?
Tabatha L. George; Fisher & Phillips LLP;
Legal Alert/Article
August 4, 2015, previously published on August 3, 2015
Data breaches with respect to medical information are on the rise, given that such information is generally more valuable on the black market than stolen credit card data. The 2015 breach of healthcare company Anthem, Inc., which saw over 37.5 million records exposed, affected one in four...

 

HTMLThe ACA Is (Apparently) Here To Stay: What Employers Need To Know
Jeffrey D. Smith; Fisher & Phillips LLP;
Legal Alert/Article
August 4, 2015, previously published on August 3, 2015
Now that the Supreme Court has, for the second time, upheld a major portion of the Affordable Care Act (ACA), it might be a good time to review your practices to ensure you are in compliance. The ACA’s new concept of what it means to be a full-time employee can significantly change how you...

 

HTMLNew California Law Expands Retaliation Coverage
Lizbeth Ochoa; Fisher & Phillips LLP;
Legal Alert/Article
July 31, 2015, previously published on July 21, 2015
On July 16, 2015, Governor Brown signed into law AB 987, amending the California Fair Employment and Housing Act (FEHA) to reflect what many already believed to be the law: employers and other covered entities cannot retaliate against employees or other persons who request a religious accommodation...

 

HTMLCalifornia Enacts "Fix-It" Legislation to Cure Ills of Paid Sick Leave Law
John T. Lai, James J. McDonald; Fisher & Phillips LLP;
Legal Alert/Article
July 15, 2015, previously published on July 14, 2015
California’s paid sick leave law went into effect on July 1, 2015, but soon found itself in the emergency room with many unpleasant side effects. On July 13, Governor Brown signed AB 304 into law, which fixes many of the defects and ambiguities in the original law (AB 1522) that confounded...

 

HTMLEvaluating The Impact of USDOL's Salary Proposal
John E. Thompson; Fisher & Phillips LLP;
Legal Alert/Article
July 15, 2015, previously published on July 10, 2015
The U.S. Labor Department has of course proposed a substantial increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or a derivative exemption under the federal Fair Labor Standards Act's Section 13(a)(1).

 

HTMLNew Guidance On Wellness Programs
Mathew A. Parker; Fisher & Phillips LLP;
Legal Alert/Article
July 6, 2015, previously published on May 1, 2015
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued proposed new rules clarifying its stance on the interplay between the Americans with Disabilities Act (ADA) and employer wellness programs. Officially called a “notice of proposed rulemaking” or NPRM, the new rules...

 

HTMLWill Your No-Smoking Policy Get Vaporized?
Claud L. (Tex) McIver; Fisher & Phillips LLP;
Legal Alert/Article
July 3, 2015, previously published on May 1, 2015
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.

 


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