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.

A federal court judge in Pennsylvania just ruled that the governor’s COVID-19 orders shutting down businesses and restricting gatherings are unconstitutional and therefore unenforceable. By striking them down, the judge set up a conflict between the court system and the governor’s office – leaving employers caught in the middle. Although this current conflict will not have much of an impact on businesses at the current time, it needs to be resolved before any possible “second…
A new law just went into effect that revises California’s test for determining whether a worker is considered an employee or an independent contractor, slicing off a number of various work arrangements from having to comply with the stringent ABC test. The bad news is that the new list of exemptions doesn’t go as far as most businesses would have liked. The good news is that the new law creates a better situation for “business…
Cal/OSHA recently cited 11 employers in the food processing, meatpacking, health care, agriculture, and retail industries for not protecting employees from potential exposure to COVID-19. The state safety enforcement agency targeted these industries after several employee complaints and a spike in infection rates. It then initiated a number of strategic enforcement efforts to ensure all employers have adequate workplace safety plans to address COVID-19-specific hazards. …
In a win secured by members of Fisher Phillips Wage and Hour Law Practice Group, a Colorado federal court just held that employers may “reasonably approximate” vehicle-related expenses for reimbursement purposes under federal wage law. The August 26 decision deals a significant blow to the viability of minimum wage claims brought under the FLSA’s “free and clear/anti-kickback” regulations that seek to tie reimbursement of delivery driver vehicle expenses to the IRS standard business mileage rate.…
The California legislature just closed the books on one of the most interesting sessions in the State’s history. Not only did it itself shut down completely on two different occasions due to the COVID-19 pandemic, the last few days of session featured the entire Republican contingent of the Senate quarantined and debating and voting on legislation remotely via video feed. Bizarre to say the least.…
The U.S. Department of Labor (USDOL) just released a Wage and Hour Opinion Letter today addressing the fluctuating workweek, reiterating its position that an employee’s work hours do not need to fluctuate above and below 40 hours for an employer to rely upon the fluctuating workweek method of calculating overtime. However, there remain some unanswered questions that should cause employers to tread cautiously when implementing this system.…
Federal courts across the country have been split on the issue of whether a court can exercise personal jurisdiction over out-of-state plaintiffs who want to opt-in into a Fair Labor Standards Act (FLSA) collective action. The Eastern District of Pennsylvania just issued a ruling siding with those courts that have minimized the number of members in a collective action, ruling that it lacked specific jurisdiction over FLSA claims of out-of-state opt-in plaintiffs who were not…
Just a few hours before they were subject to a court order forcing them to transform all of their drivers from independent contractors to employees, a California appeals court spared the nation’s two largest rideshare companies from having to immediately overhaul their fundamental business models. The court blocked a San Francisco judge’s order from taking effect while it heard the companies’ appeal, handing the gig economy giants a much-needed reprieve. But it comes at a…