Fisher Phillips LLP

Employers often must take a stand: in court, with employees and unions, with competitors. Fisher Phillips has the experience and resolve to back you up. That’s why some of the savviest employers come to us to handle their toughest cases.

Fear of the coronavirus and flu may cause anxiety among employees who frequently encounter other people, which may lead them to request permission to wear – or to simply wear without permission – a medical mask or respirator. While this may address the anxieties of employees, it could lead to other problems, such as causing customers or coworkers to panic. To avoid these issues, some employers in industries such as retail have prohibited their employees…
On February 10, 2020, the Attorney General issued revisions to the proposed regulations to the California Consumer Privacy Act (the CCPA) which were originally published in October of last year. While the Attorney General cannot bring an enforcement action until July 1, 2020, these revisions indicate that the office is gearing up to start bringing CCPA enforcement actions in July. Further, while employers won a brief reprieve for their employee and applicant personal information due…
The federal agency overseeing mine safety and health has been undergoing a bit of a transformation over the past several years, and employers can expect to see the most significant change in a matter of weeks. The Mine Safety and Health Administration (MSHA) is caught up in the Winds of Change as it streamlines operations, and it will soon revamp its entire organizational structure. What do you need to know about the impending changes and…
The U.S. House Wants The ABC Test Adopted On A National Scale. The Senate? Not So Much. My colleague Todd Lyon wrote an excellent piece earlier this week about the House of Representatives passing the PRO Act, essentially a “wish list” for labor advocates seeking to tip the scales back towards unions. One of the items tucked away in that long laundry list of provisions that would come to pass should this bill become law:…
By March 2, 2020, employers must submit their Form 300A information through OSHA’s Injury Tracking Application (ITA).  Form 300A is the second page of the OSHA Form 300 and serves as a summary of all recordable work-related injuries and illnesses that occurred in 2019.  OSHA defines a recordable injury or illness as follows: Any work-related fatality. Any work-related injury or illness that results in loss of consciousness, days away from work, restricted work, or…
The government just sent a stern reminder to all employers, especially those involved in providing healthcare, that they must still comply with the protections contained in the HIPAA Privacy Rule during the Coronavirus outbreak. The Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) issued a reminder this month after the World Health Organization declared a global health emergency. In fact, the Rule includes provisions that are directly applicable to…
California employers breathed a bit easier once a federal judge pressed the indefinite pause button on the newly enacted law aimed at preventing employers from utilizing mandatory arbitration agreements. Now, a few weeks later, U.S. District Court Judge Kimberly J. Mueller issued an order fully explaining her reasons for granting the preliminary injunction that blocked AB 51. The 36-page order, issued on February 7, said that that the law not only would have placed arbitration…
CareerSource Florida, a government agency serving the state of Florida, recently released a report highlighting the growth of the gig economy in the state and emphasizing the positive impact it has had on the state’s economy. “The Study on the Gig Economy and Florida’s Workforce System” details information about the size and impact of the gig economy on the nation’s third-largest state. The report defines gig workers as those involved in nontraditional work…
A federal court judge today denied a request by several gig economy giants (and a few contractors) to block AB-5, the new misclassification law in California that codifies the ABC test and makes it much more difficult to classify workers as independent contractors. That means that gig economy companies across the state have no immediate avenues to escape the grasp of the ABC test, which became state law on January 1. If you were waiting…
A gig economy business just prevailed in the first round of a misclassification legal battle worth keeping your eye on. A state court judge in California rejected San Diego’s effort to use the state’s unfair competition law to force Instacart to immediately reclassify its gig workforce as employees, denying a request for a temporary restraining order (TRO) on February 4 and handing a victory to gig economy businesses across the state. But the battle is…