Fisher Phillips News

Incorporating Pay Equity Reviews in Your Year-End Compensation Practices

This article was published in the October edition of the On the Front Lines Newsletter By Kathleen McLeod Caminiti in New York and New Jersey, and Sarah Wieselthier in New Jersey.

With the end of the year soon approaching, now is the perfect time to evaluate your pay practices and minimize risk for litigation. Many states have pay equity laws that prohibit discrimination in wages on the basis of gender, race, ethnicity, and religion. To ensure that your organization complies with state and federal laws, you can review your compensation policies, award bonuses to level the playing field, and make sure you have a plan outlined for the future.

Move Over Millennials: Generation Z Comes to the Workplace

This article was published in the October edition of the On the Front Lines Newsletter by Megan Walker in San Diego.

As you begin to see more Gen Z workers enter your workforce, what does it mean for your company and your management styles? Gen Z workers tend to value diversity, honesty and transparency, frequent feedback and mentoring, and a company culture that promotes treating their employees like people and providing opportunities for growth. This article takes a closer look at where these values come from, and what you need to know about Gen Z as employees in order to best benefit your workplace.

Legal Alert: Independent Contractor Rules Rewritten in California

This legal alert was posted on September 11^th 2019, by James Fessenden in San Diego.

It looks at a new California law that would make it much more difficult for businesses to treat workers as independent contractors and hire small businesses, and would grant workers across the state increased pay, benefits, and protections. While there are exceptions that may apply, businesses that do not comply with the new law or misclassify their workers risk significant legal exposure.

“Just Text Me” Job Interviews By Today’s Preferred Communication Tool

This article was published in the September edition of the On the Front Lines Newsletter by Erin Price in Sacramento.

Instead of traditional in-person interviews, some companies are opting for text-based chatting in order to streamline the interview process, cut down on travel costs, and increase candidate engagement. This article looks at the growing trend of conducting interviews through text messages, discusses when texting is an appropriate approach to hiring, and what other benefits employers looking to implement this technology can expect.

Managed By Robots: Dystopian Fate or Utopian Fantasy?

This article was published in the September edition of the On the Front Lines Newsletter by Miranda Watkins in San Diego and Sara Zimmerman in Irvine.

It looks at how new monitoring technologies can affect employees and what they might mean for employers. These technologies, such as wristbands that can record the actions of an employee, might be useful for efficiency, but can lead to concerns about disability discrimination, employee morale, privacy, and more. So how can employers benefit from this technology while reducing their legal risks? To quote from this article’s conclusion: “A workplace that incorporates technology with a human approach is likely to strike the right balance between making employees feel valued and streamlining its processes.”

"What's That Buzzing Overhead?" Don't Get Stung by an OSHA Safety Inspection Drone

This article was published in the September edition of the On the Front Lines Newsletter by Chantell C. Foley and Todd B. Logsdon in Louisville.

In a memorandum released last year, the Occupational Safety and Health Administration (or OSHA) announced that inspectors can now use drones to collect evidence. In order to not be surprised by one of these inspections, it is a good idea to prepare a response strategy just as you would for any other OSHA inspection. You should also know that OSHA cannot initiate a drone inspection without employer consent, and you may be able to limit inspections to exclude the use of a drone. To quote from this article’s conclusion: “You should educate your organization on these new developments to ensure your key personnel at least know enough to prepare for future OSHA drone inspections.”

Employee Burnout: A Workplace Safety Hazard?

This article was published in the August edition of On the Front Lines, By Chantell C. Foley and Todd B. Logsdon (Louisville).

It looks at employee burnout, which is now an officially diagnosable condition. While there are no OSHA standards to govern burnout, some studies indicate that burned-out employees have less awareness of their surroundings and struggle to maintain workplace safety practice. To quote from this article’s conclusion: “Creating awareness campaigns and training initiatives to recognize symptoms of employee burnout and the safety hazards caused by fatigue or lack of concentration may save your workplace from injuries and illnesses down the road.”

Legal Alert: Scalia To Take Labor Department Reins: What Does It Mean For Employers?

This Legal Alert was published on July 22, 2019, by Cheryl Behymer (Columbia), Ted Boehm (Atlanta), Edwin Foulke Jr. (Atlanta/D.C.), Christine Howard (Tampa/Atlanta), Todd Lyon (Portland/Seattle), Richard Meneghello (Portland), John Polson (Irvine), Shanon Stevenson (Atlanta), and Travis Vance (Charlotte).

It looks at what Eugene Scalia’s recent appointment as Secretary of Labor means for the business community. Fisher Phillips attorneys predict how he will act regarding Pay Equity And Affirmative Action, Workplace Safety, Wage And Hour Division, Joint Employment, Family And Medical Leave, immigration, and more. Quote: “The consensus opinion? Scalia will aggressively battle against intrusive and overreaching regulations that hamstring the country’s employers, and will quickly endear himself to the business community.”

Legal Alert: Answers to Employer Questions in Wake of Threatened ICE Raids

This legal alert was published on July 15, 2019, by Davis Bae (Seattle), Steven Bernstein (Tampa), Todd Lyon (Portland/Seattle), and Shanon Stevenson (Atlanta).

It looks at how your workplace might be affected by ICE raids or audits and how you can be prepared if one were to take place. If you receive a Notice of Inspection for an audit, contact legal counsel immediately to ensure efficiency and accuracy during the process. If your workplace is the target of a raid, you can manage the situation by staying calm, documenting the actions taken by ICE without interfering with their investigation, and by not giving any statements to ICE agents without first speaking with legal counsel. To be prepared, be sure to stay up-to date with your I-9 compliance programs, and make sure all I-9 forms are present and complete.

Honesty Is The Best Policy: An Employers Guide to Combatting FMLA Fraud and Abuse

This article by Grant Wills (Columbia) was published in the July edition of On The Front Lines.

It looks at the Honest Belief Defense, which can be a valuable tool to employers in a litigation setting if they terminate an employee for misuse of FMLA. In order to build a successful Honest Belief Defense, as well as curb FMLA misuse, employers should detect the abuse, thoroughly investigate the situation, consider 3rd party assistance, and use FMLA protections to the employer’s advantage.