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.

Gig economy businesses might be unaware of a new requirement in the latest American Rescue Plan stimulus package that is designed to help workers keep track of and correctly pay their taxes each year. The new requirement is the result of an amendment to the United States Tax Code which requires platform companies to inform contract workers of how much money they have made on their platforms. The requirement goes into effect at the beginning…
A unique legislative proposal pending in Connecticut would upend the way that gig economy businesses interact with their workers – and has drawn both strong support and vocal dissent from the very group of individuals it is intended to assist. Senate Bill 1000 would permit rideshare and delivery drivers for gig economy businesses to form a hybrid type of union and engage in bargaining with their hiring entities without being classified as employees. However, this…
We knew it had been coming, but the Biden recently made it official: the Department of Labor announced it wants to rescind the gig economy rule that was originally crafted under President Trump’s tenure and was about to make it far easier for businesses to classify their workers as independent contractors. In its place, the DOL will almost certainly aim to implement a new rule that would more closely align with the Biden administration’s aim…
March is Women’s History month, usually a cause for celebration in the workplace. But this year, unfortunately, most of the news regarding women in the workforce has been COVID-related and negative in nature. Over the last year, positions traditionally held by women, such as those in the service or retail industry, have disappeared, some seemingly overnight. At the same time, women have also been called upon like never before to step in as virtual school…
The Occupational Safety and Health Administration (OSHA) conducts workplace safety inspections and issues citations, and, as previously discussed, all penalties assessed after January 15 include increased amounts – with Citations classified as “Serious” having a maximum penalty of $13,653 and Citations classified as “Willful” or “Repeat” having a maximum penalty of $136,532. And while employers may contest these citations, there will be times when you have to pay some penalty amounts to OSHA — often after a…
Florida is currently considering data privacy legislation that would require covered businesses to implement comprehensive policies and procedures to provide privacy rights to consumers. The proposed legislation, House Bill 969, is based in significant part on the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act (CPRA). If passed, HB 969 would become effective on January 1, 2022.…
The application of a key Supreme Court decision remains an important issue for multi-state employers defending federal collective action wage and hour claims – but are we any closer to getting clarity on what remains a frustrating patchwork standard? Many courts that have applied the 2007 SCOTUS decision in Bristol-Myers Squibb Co. v. Superior Court of California (BMS) in Fair Labor Standards Act (FLSA) cases have recognized the inherent problems associated with out-of-state plaintiffs’ efforts…
First Europe installed a strict data privacy scheme when it enacted its General Data Protection Regulation (GDPR), then the trend crossed the Atlantic as California lawmakers passed their own data privacy law known as the California Consumer Privacy Act (CCPA). Up next is …Virginia? The Commonwealth of Virginia is poised to enact the Consumer Data Protection Act (CDPA), which would take effect and impact many businesses across the state beginning in January 2023. What do…
The new administration’s efforts to reverse course on many of the gains that gig economy businesses achieved under previous White House leadership took another step today as the Department of Labor (DOL) withdrew a guidance letter that indicated typical gig workers are independent contractors. By scrapping the April 29, 2019 letter, the Biden DOL sent yet another signal to businesses that they will have an uphill battle in classifying workers as contractors for at least…
As we predicted, the Biden administration signed an order immediately after taking charge of the White House halting the advancement of the Department of Labor’s new independent contractor rule. Now for the next step: the Assistant to the President and Chief of Staff just published a memorandum titled, “Regulatory Freeze Pending Review,” proposing to postpone the rule by 60 days to allow the new administration to review it. The effective date of the proposed…