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.

“Anything you can do, I can do better.” That’s essentially the sentiment floating around Albany these days as New York lawmakers look enviously towards California and its groundbreaking new law that will soon revolutionize the way workers are characterized as contractors or employees. In the wake of California’s AB 5 – a bill that will codify the stringent ABC test into state law and make it extremely difficult for companies to classify their gig economy…
Crazy Rich Pay Equity Dispute? Movie Co-Writer Quits Project After Claiming Pay Equity Problem Pay equity concerns in Hollywood are not limited to famous actresses (such as Michelle Williams) or comediennes (such as Mo’Nique). As reported this week by the Hollywood Reporter, the co-writer of smash hit “Crazy Rich Asians” rejected the chance to write two sequels to the movie after learning that she was slated to be paid about…
This is the second post in a five-part weekly series reviewing the legal landscape for transit employers considering automation.  Please click here to see the prior post in this series. When a transit authority considers automation, a duty to bargain with labor over the decision to automate and a duty to bargain over the effects of the decision may arise.  The source of the duty may be one of three types of labor laws that…
Negotiations continued right up until the end, but when the dust settled on California’s newest employment law, gig economy companies were not spared from the worst. Yesterday, state lawmakers passed AB 5, the state law that will not only codify the same ABC test introduced to the state in last year’s Dynamex decision but will take it a few steps further. Although we had long predicted that this law would pass in some form or
Employers have long operated under the premise that the North Carolina Workers’ Compensation Act provides the exclusive remedy for workers injured on the job. Indeed, section 97.-10.1 of the North Carolina Workers’ Compensation Act states that employers in compliance with the Act are protected from all other claims and remedies that could be brought by employees, dependents, next of kin, or representatives in the event of a workplace injury or death. Although intentional or willful…
This is the first post in a five-part weekly series reviewing the legal landscape for transit employers considering automation.  The series will address relevant statutes, the effects of existing collective bargaining agreements, the subjects over which an employer may be required to bargain, and steps an employer can take now to better position itself to automate. Autonomous vehicle technology has reached a place where certain technologies are market-ready or readily adaptable to transit operations, and…
Criminal Charges For OSHA Violations? State Prosecutors Are Taking Increased Interest Most employers are aware that the Occupational Safety and Health Administration can issue monetary penalties for health and safety violations occurring in the workplace. Many employers also know that in particular circumstances, OSHA can issue criminal sanctions. However, what employers may not know is that OSHA has also been referring workplace safety violations to state district attorney offices in fatality cases. A district attorney…
Former OSHA Head Says Contractor Should be Blacklisted For Safety Violations: Can the Government Do That? Harkening back to the “Blacklists” imposed by the Obama administration, Dr. David Michaels, former Assistant Secretary of Labor for the Occupational Safety and Health Administration, urged the government to ban a construction contractor from work on public lands in a tweet this week after the company pleaded guilty on charges related to the death of a worker. But can…
One Fewer Headache: NLRB Holds That Misclassification Won’t Lead To Labor Law Violations Chalk up in the win column for businesses. Yesterday the National Labor Relations Board ruled that companies found to have misclassified workers as contractors will not automatically face liability for an unfair labor practice. We wrote about this issue back in February 2018 when the NLRB sought briefing on the matter, and we said then that such a request “could be good…
In the world of automation, companies must take care to not forget about worker safety.  Planning for worker safety while planning for automation helps the transition for both.  In planning for worker safety, there are a few key areas to keep in mind. Education and training for employees working around robots or other automated equipment is an important first step.  Employees must understand their new roles as it pertains to automated equipment.  Employees should be…