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.

The California Supreme Court held yesterday that the ABC test announced in its landmark Dynamex decision – which makes it infinitely harder for businesses to classify workers as independent contractors – applies on a retroactive basis. This decision ended more than a year-and-a-half of waiting after the 9th Circuit Court of Appeals first held in May 2019 that the Dynamex test applied retroactively and then, a little less than three months later, withdrew its opinion…
The federal government just announced that all travelers returning to the United States soon must present a negative COVID-19 test, taken within three calendar days of departure, or proof of recovery from the virus within the last 90 days. This CDC order, announced yesterday and effective January 26, requires all airlines to confirm the negative test results or recent recovery for all passengers prior to boarding. Airlines may deny travelers that do not present the…
Just two months after 58% of Californians voted it into effect and not even one month after it became law of the state, a group of workers and a major union have filed suit to overturn the results of Proposition 22, the ballot measure that ensured that app-based rideshare and delivery drivers could be classified as independent contractors. The Service Employees International Union (SEIU) joined with a group of rideshare drivers to go straight to…
The COVID-19 remote work era is now in its tenth month, and employees continue to work away from the physical office, without in-person supervision, and perhaps outside of the company network. During this time, many employees have been adopting new practices for performing their jobs remotely and these practices can create new and increased threats to the protection of company trade secrets.…
As a result of the United Kingdom and the European Union reaching agreement on the terms of the EU-U.K. Trade and Cooperation Agreement on December 24, 2020, the U.K. and EU have agreed to continue allowing data transfers between the two for an up-to-six-month transition period. During this time, the European Commission will complete an adequacy assessment of the U.K.’s data protection laws. The adequacy assessment is a process by which the EU certifies that…
One of President-elect Biden’s first actions when he assumes office may be creating an emergency standard for COVID-19 through the Occupational Safety and Health Administration (OSHA). As Fisher Phillips noted in November when analyzing the workplace safety actions his administration was likely to take, Biden would be most likely to work with unions and worker advocacy groups to create this standard.…
If it had been released at some other point in time and under different circumstances, perhaps gig economy businesses would be celebrating the release of a federal rule that makes it easier to classify workers as independent contractors. But the fact that it wasn’t formalized until the waning days of the current administration means that the rule faces long odds of ever taking effect. We wrote about the rule in our Legal Alert that can…
The Mexican Senate recently voted to approve an amendment to the Federal Labor Law that reforms its provisions on teleworking, which will require employers to enter into written contracts with each remote worker, among other things. Although Mexican President Andrés Manuel López Obrador has the power to return the bill to Congress with suggested changes, he is expected to sign it and send it to be published in the Official Gazette of the Federation. What…
The president recently signed yet another Presidential Proclamation that extends the ability of certain foreign nationals from being able to enter into the U.S. until March 31, 2021. This move tacks several months onto the earlier Presidential Proclamations signed into effect in 2020 (both PP 10014 and 10052). What do employers need to know about this new proclamation signed on December 31, 2020, especially in light of the impending change in White House leadership?…