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HTMLSwipe Right For Unions? Companies Should Brace Themselves For Labor Organizing Version 2.0
José A. Klein, Todd A. Lyon; Fisher & Phillips LLP;
Legal Alert/Article
September 4, 2015, previously published on September 1, 2015
Unless you’ve been hibernating, hiding under a rock, or vacationing in a location without Wi-Fi reception, you may have noticed that the last several months have been kinder to labor unions than any in recent memory. Changes in labor laws have provided an opening for labor unions to reassert...

 

HTMLDon't Get Deflated: Four Things Employers Can Learn From the Tom Brady "Deflategate" Ruling
Richard R. Meneghello; Fisher & Phillips LLP;
Legal Alert/Article
September 4, 2015, previously published on september 4, 2015
On Thursday, September 3, 2015, a federal judge overturned the NFL’s four-game suspension imposed on star quarterback Tom Brady, ruling that the league couldn’t discipline him for allegedly deflating footballs in order to make them easier to throw. Employers can learn a few valuable...

 

HTMLDeath Threats Lead To Employer's ADA Victory
James J. McDonald; Fisher & Phillips LLP;
Legal Alert/Article
September 3, 2015, previously published on September 1, 2015
It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability discrimination claim filed by an employee who was fired for...

 

HTMLDon't Forget State Law: Why Busk Does Not Save All Retailers
Megan E. Walker; Fisher & Phillips LLP;
Legal Alert/Article
September 3, 2015, previously published on September 1, 2015
Expansion is the lifeblood of a growing business. But with expansion comes a diverse landscape of state laws governing all aspects of the employment relationship. It is vital when entering new jurisdictions to understand the specific laws that will govern your business and may require change to...

 

HTMLA Workforce In Transition: Working With Transgender Employees
Janet A. Hendrick; Fisher & Phillips LLP;
Legal Alert/Article
September 3, 2015, previously published on September 1, 2015
Since Caitlyn Jenner made her very public debut in June and brought transgender issues into the limelight, a national conversation on the topic has been sparked. Employers have plenty of compelling reasons to join this conversation, including an increasing number of transgender discrimination...

 

HTMLAre Your Contractors Actually Employees? DOL Says Probably Yes
Ted Boehm, Andria Lure Ryan; Fisher & Phillips LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
Last month, the U.S. Department of Labor (USDOL) issued an Administrator's Interpretation aimed at addressing what it characterizes as the “problematic trend” of employers misclassifying workers as independent contractors rather than employees. In issuing this guidance, the USDOL sent a...

 

HTMLProposed OT Regulations Will Hit Hospitality Industry Hard
Andria Lure Ryan; Fisher & Phillips LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
At long last, the anxiously awaited proposed changes to the regulations defining federal wage and hour law have been published by the U.S. Department of Labor (USDOL). The changes, if adopted, would impact the determination of which of your employees has to be paid overtime. These regulations will...

 

HTMLNLRB Starts Down The Slippery Slope With Controversial New Joint Employer Ruling
Steven M. Bernstein, Matthew R. Korn, Richard R. Meneghello; Fisher & Phillips LLP;
Legal Alert/Article
August 28, 2015, previously published on August 28, 2015
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 Industries of California, Inc. Under this new standard, joint...

 

HTMLERISA Plan Can't Shrink Deadlines Without Providing Notice, Says 3rd Circuit Court of Appeals
David J. Treibman; Fisher & Phillips LLP;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
The 3rd Circuit Court of Appeals just ruled that an ERISA plan can’t shorten the deadline for filing a legal action challenging a denial of benefits unless the participant receives written communication of the plan’s altered deadline. Mirza v. Insurance Administrator of America, Inc.

 

HTMLWashington Supreme Court Extends Minimum Wage
Nicholas Beermann; Fisher & Phillips LLP;
Legal Alert/Article
August 26, 2015, previously published on August 26, 2015
In a narrow 5-4 decision on August 20, 2015, the Washington Supreme Court reversed a lower court ruling and applied the City of SeaTac’s $15 minimum wage law to all workers at Seattle-Tacoma International Airport.

 


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