Fisher Phillips News

Legal Alert: 10-Point Plan To Protect Your Business From Zoom-Bombs And Other Videoconferencing Privacy Concerns

This legal alert was posted on April 24th, 2020 by Risa B. Boerner (CIPP/US) and Luke E. McDaniels in Philadelphia.

The COVID-19 pandemic has caused many employers now operating remotely to conduct meetings via video conference – which has created a whole new set of various privacy and cybersecurity concerns. While these remote work tools have facilitated a more personal connection and interactive experience, their use is fraught with privacy concerns you may never have before considered. If your organization is weighing its options or unaware of the risks these services may create, this article provides a 10-point plan to protect your personal and confidential information and ensure you remain compliant with various federal and state privacy laws.

Legal Alert: 5 Steps To Reopen Your Workplace, According To CDC’s Latest Guidance

This legal alert was posted on April 20, 2020 by Nicholas S. Hulse in Charlotte.

The Centers for Disease Controls and Prevention (CDC) just released guidance to assist employers in making decisions regarding reopening during the COVID-19 pandemic. Besides continuing to follow the recommendations issued by state and local health departments when determining the most appropriate actions to take, you should pay particular attention to these five steps.

Legal Alert: 4-Step Plan For Handling Confirmed COVID-19 Cases When Your Business Reopens

This legal alert was posted on April 20, 2020 by Travis W. Vance in Charlotte.

Businesses will soon reopen, presenting employers with new challenges as part of the next phase of the COVID-19 pandemic. With no known vaccine or treatment currently available for the novel coronavirus, reopened employers will likely experience confirmed cases of the illness in their workplace. Now is the time to develop plans to address this inevitable situation.

Legal Alert: EEOC Clarifies Employer Rights During COVID-19 Outbreak

This legal alert was published on March 18, 2020 by Shayna Balch (Phoenix/Los Angeles).

The Equal Employment Opportunity Commission just weighed in on the impact that the COVID-19 coronavirus is having on American workforces and issued a press release today titled “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19.” The publication takes a Q&A format and tackles some common areas of concern for employers.

Legal Alert: Labor Department Throws COVID-19 Curveball In Latest Guidance, Suggests Shut Down Employees Won’t Qualify For Leave

This legal alert was published on March 29, 2020 by Steven Bernstein (Tampa), Benjamin Ebbink (Sacramento), Samantha Monsees (Kansas City), Samantha Saltzman (Irvine), and J. Hagood Tighe (Columbia).

The Department of Labor (DOL) continues to update its guidance document on implementation of the Families First Coronavirus Response Act (FFCRA), and the latest update caught many employers by surprise. The updated document released by the agency appears to suggest that employees who cannot work because their businesses are subject to a government shutdown order or they are ordered to shelter at home will not qualify for Emergency Paid Sick Leave or Emergency FMLA. This clarification should now be integrated into employers’ plans for developing best practices and compliance tools to deal with the rapidly changing situation.

The New Plus-One: Babies in the Workplace

This article was originally published in the March 2020 issue of the “On the Front Lines” newsletter by Erin Price in Sacramento.

With the rising cost of child care, and the fact that both parents are employed in more than half of two-parent families, the option for employers to allow employees to bring their infant children with them to work is becoming increasingly popular. This article looks at the pros and cons of such an arrangement and discusses what kinds of policies and procedures can help set expectations and maximize benefits.

The Four-Day Workweek: Helpful Innovation or Expensive Risk?

This article was originally published in the March 2020 issue of the “On the Front Lines” newsletter by April Perkins in Sacramento.

It looks at the four-day work week, examining some of its potential benefits (such as employee retention, increased productivity, decreased operational costs, and reduced greenhouse gas emissions) and its potential downsides (including unpredictable outcomes and conflicting or rigid compensation laws).

Labor Department's New 4-Factor Rule Attempts to Limit Joint Employment

This legal alert was published on January 13^th, 2020 by Marty Heller in Atlanta, Richard Meneghello in Portland, and John Polson in Irvine.

The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead to fewer businesses being found to be joint employers by a court or agency when it comes to minimum wage, overtime, and other similar liability under the Fair Labor Standards Act (FLSA). However, many questions still remain about various aspects of this rule, particularly how courts will apply the test’s four factors as well as the alternative “catch-all” test. You should now reexamine your business models to capitalize on the new standard, which should take effect on or about March 16, 2020.

A Case for Confidentiality: Why Recent Arguments Against Arbitration Anonymity May Be Misguided

This article was originally published in the February issue of the “On the Front Lines” newsletter by Annie Lau and Anthony E. Guzman II in San Francisco.

The assault on arbitration is old news. Recently, however, courts and commentators alike have seemed to stake out a new area for contest in the ongoing back and forth debate about this valuable litigation alternative: confidentiality clauses. For decades, confidentiality clauses have been a staple of most arbitration agreements, as well as most contracts. So as proponents of excluding confidentiality clauses argue that these clauses tend to “silence employees” or “hide wrongdoings” begin to emerge at both the national and state level, we should take care to critically examine these arguments and remember that confidentiality clauses have been the status quo for good reason. This article looks at why these arguments are being made, why there may still be good reason for confidentiality clauses despite these arguments, and how to account for these dueling perspectives in our own practices moving forward.

Workplace Safety is the Next Focus in the #EmpowermentEra

This article was originally published in the February issue of the “On the Front Lines” newsletter by Travis Vance in Charlotte.

Employee safety has always been important, but the recent public shaming of allegedly hazardous workplaces reveals that the public’s disdain for companies that provide unsafe environments for their employees is increasing. No longer can you ignore the public cries to eliminate or minimize occupational hazards, as you risk becoming the latest public face of what has essentially become the “Empowerment Era” – a time when people from all walks of life not only feel emboldened to expose “bad players” but now have the digital means by which to amplify and give power to their voices. This article looks at the different stages of the Empowerment Era – starting with the Fight for $15, followed by the #MeToo movement, and finally the #WorkSafe movement, and what employers can do to be prepared.