Rachel Fischer

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Rachel S. Fischer is an associate in the Labor & Employment Law Department. She handles a wide range of employment litigation matters, including wage-and-hour issues, reductions in force and unlawful discrimination.

Rachel graduated from Columbia Law School in 2011, where she was a staff member on the Columbia Journal of Transnational Law. While in law school, Rachel interned for U.S. Magistrate Judge Esther Salas in the District of New Jersey. Prior to that she was a paralegal at the UJA-Federation of New York.

Latest Articles

The Department of Labor’s Administrative Review Board (ARB) recently held that a former employee of Exelis Systems Corporation who was employed in Afghanistan could bring a SOX claim even though he worked exclusively outside of the United States.  Blanchard v. Exelis Systems Corp./Vectrus Systems Corp., ARB Case No. 15-031 (August 29, 2017).  In so ruling, the ARB opened the door to the potential extraterritorial application of SOX, reversing course from its prior decision addressing this…
On September 29, 2015, the U.S. Commodity Futures Trading Commission (CFTC) announced that it will make its second award as part of its whistleblower program, which was created by Dodd-Frank.  The tipster will receive a bounty of approximately $290,000.  Notably absent from  the CFTC’s press release regarding the award were any details about the whistleblower or the information that led the enforcement action. …
The subject of workplace violence has unfortunately made headlines once again after a news anchor and cameraman were killed by a former co-worker in Virginia last week. Employers are understandably concerned and have questions about what they can do to help prevent workplace violence. The Occupational Safety and Health Act (OSHA) requires employers to maintain a place of employment that is “free from recognized hazards that are causing or are likely to cause death or…
In Wallace v. Tesoro Corp., the Fifth Circuit revived a SOX whistleblower complaint that was dismissed by the U.S. District Court for the Western District of Texas, finding that the plaintiff’s alleged belief that the company violated SEC rules was not objectively unreasonable (as plead in the complaint).  (Case No. 13-cv-51010, July 31, 2015).  The Fifth Circuit also affirmed the dismissal of claims not included in the OSHA complaint on the grounds that they were…
A Wall Street Journal article (subscription required) dated May 4, 2015 reports that a backlog of tips received by the SEC Office of the Whistleblower as part of its bounty program has resulted in a delay in paying awards to tipsters.  According to the article, of the 297 tipsters who have applied for awards since 2011, 83% have not received a decision as to whether they will receive a monetary award. …
The ARB recently addressed the standard for proving that protected activity was a “contributing factor” in adverse employment actions.  It concluded that evidence showing that an employer would have made the same adverse action decision in the absence of protected activity does not bear on whether the protected activity “contributed” to the adverse action.  Powers v. Union Pacific Railroad Co., ARB Case No. 13-034 (Mar. 20, 2015) (3-2 decision).…
New York recently passed a new leave law mandating unpaid leave for emergency responders.  The law took effect December 22, 2014.  Under the law, employers must provide unpaid leave to employees who serve as volunteer firefighters or volunteer ambulance personnel when the governor declares a state of emergency, unless the employee’s absence would impose and undue hardship on the employer’s business, as defined by the New York State Human Rights Law. The new law, which…
We have seen a number of substantial whistleblower awards make headlines this year, but a recent article on nytimes.com discusses the potential downsides of government-sponsored bounty programs: rewarding whistleblowers by paying them millions of dollars for information may lead to perverse incentives by allowing wrongdoers to win significant sums of money with little government accountability for the awards. …