RICHARD R. MENEGHELLO · Oregon Employers Face Significant New Workplace Laws 8.16.17 July 2017: The Top 12 Labor And Employment Law Stories 8.1.17 June 2017: The Top 15 Labor And

www.fisherphillips.com © 2020 Fisher Phillips LLP

RICHARD R. MENEGHELLOSr. Director of Content, [email protected]

Portlandt: 503.205.8044f: 503.242.4263

PRACTICES

Americans with Disabilities Act

Disability Discrimination

Employment Discriminationand Harassment

Employment Discriminationand Related Litigation

Employment Policies andProcedures

Family and Medical Leave Act

Litigation

Retail Industry

Autonomous Vehicles

Gig Economy

Litigation of EmploymentDisputes

Workplace Safety andCatastrophe Management

EDUCATION

Georgia State UniversityCollege of LawJ.D. 1996, cum laude

Syracuse UniversityA.B. 1993

BAR ADMISSIONS

Oregon

Rich Meneghello is a member of the firm’s COVID-19 Taskforce, a cross-disciplinary team of attorneys dedicated to advising employers on themany workplace law aspects of the global coronavirus pandemic.

Rich Meneghello is probably writing something as you’re readingthis. As the firm’s Senior Director of Content, Rich focuses much ofhis time developing legal alerts, web articles, newsletter features,and blog posts for the Fisher Phillips website – in fact, he haspublished more than 225 such pieces in the last two years alone, andhas edited hundreds of others written by the firm’s wide collection oftalented writers.

His writing has gotten noticed. In each of the past four years, he wasnamed as a JD Supra Top Author in the JD Supra’s Readers’ ChoiceAwards due to the high level of visibility and engagement he attainedwith readers on the subject of workplace law. In 2020, he was one ofonly 235 authors in the country selected for this honor from amongover 50,000 considered.

Some of his favorite (and most popular) recent publications includehis “Magic 8-Ball” prediction for incoming Supreme Court justices,his annual May 4 blog posts on whether the government wouldclassify Star Wars characters as independent contractors oremployees, and his Die Hard survival guide to office holiday parties(which received the 2018 Law360 Distinguished Legal Writing Awardfrom The Burton Awards).


Washington

COURT ADMISSIONS

Oregon Court of Appeals

Supreme Court of Oregon

U.S. Court of Appeals for theNinth Circuit

U.S. District Court for theDistrict of Oregon

U.S. District Court for theEastern District of Washington

U.S. District Court for theWestern District of Washington

U.S. Supreme Court

Washington Court of Appeals

Washington Supreme Court

Rich has also been named as the Top Author in the country on theemerging topic of the Gig Economy. He edits the firm’s Gig Economyblog, which has been nominated by The Expert Institute for a BestLegal Blog award. He’s become recognized as one of the country’sforemost authorities on the gig economy, having been quoted on thesubject in The New York Times, U.S. News, Bloomberg, The LosAngeles Times, Wired, Yahoo! Finance, New York Magazine,Employment Law 360, National Law Journal, SHRM.org, Law.com,Legal Times, Business Insurance Magazine, Legal NewsLine, A.M.Best, and The Recorder in the recent past, and appeared on NationalPublic Radio to discuss the topic.

Rich is also an accomplished litigator. So far, the highlight of his 24-year career is winning a unanimous decision before the U.S.Supreme Court in the case of Albertsons v. Kirkingburg, an Americanswith Disabilities Act (ADA) case. He’s won cases for clients at theNinth Circuit Court of Appeals, the Oregon Supreme Court, and theOregon Court of Appeals; he’s also won trial victories in both stateand federal courts.

He also runs the popular twitter account @pdxLaborLawyer, wherehe not only shares his own writing but also provides regular updateson a variety of workplace law topics. He has served on the firm’sDevelopment Committee since 2015, and worked as the RegionalManaging Partner of the Portland (OR) office from 2009 to 2013.

Reported Cases

■ Earned a summary judgment dismissal of a retaliation claimfiled by a terminated employee in Oregon state court, upheldby both the Oregon Court of Appeals and the Oregon SupremeCourt (Cramer v. Sky Lakes Medical Center, 2014).

■ Secured a victory for an employer that terminated anindividual after he was arrested for DUII while operating acompany vehicle, defeating an ADA disability claim allegingalcoholism discrimination at summary judgment in Oregonfederal district court (Servo v. Junginger, 2014).

■ Received a full defense verdict in a wage and hour trial inOregon state court, defeating a claim by a former worker thatshe was improperly classified as an independent contractor

Richard R. Meneghello


and owed more than $100,000 in back wages (Foster v. North House Enterprises, 2010).

■ Won a unanimous jury defense verdict in Oregon's federal district court on behalf of IndianHead Industries in a disability discrimination lawsuit brought by a terminated employee (Steinv. Indian Head, 2009).

■ Albertsons, Inc. v. Kirkingburg, 557 U.S. 555 (1999) - unanimous decision in favor of employeron ADA case before United States Supreme Court.

■ Cornwall v. Electra Central Credit Union, 439 F.3d 1018 (9th Cir. 2006) - appellate victory at 9thCircuit Court of Appeals on behalf of employer and CEO in discrimination claim.

■ Mott v. Office Depot, 390 Fed.Appx. 658 (9th Cir. 2010) - successful defense of appeal at 9thCircuit Court of Appeals after securing dismissal of harassment and family leavediscrimination lawsuit.

■ Martin v. DHL Express, 234 P.3d 997 (Or. App. 2010) - Oregon Court of Appeals victory onbreach of contract matter after successful trial court decision.

■ Foster v. North House Industries, 260 P.3d 856 (Or.App. 2011), rev. denied, 271 P.3d 115 (Or.2011) - Oregon Court of Appeals victory on independent contractor misclassification matterafter successful trial court decision, upheld by Oregon Supreme Court.

■ Cramer v. Sky Lakes Medical Center, Inc., 263 Or. App. 714 (2014), 365 Or. ___ (2014) – OregonCourt of Appeals and Oregon Supreme Court decisions affirming summary judgment victoryin retaliation claim filed by terminated employee.

■ Servo v. Junginger, 2014 U.S. Dist. LEXIS 108722 (D. Or. Aug. 6, 2014) – U.S. District Court forthe District of Oregon victory on ADA disability discrimination claim at summary judgment,defeating claims of alcoholism discrimination.

Representative Work

Arbitrator Rejects Failure to Accommodate Claim

Exotic Dancer Loses Misclassification Case

Trial Victory for Employer in Bonus Dispute

Complete Defense Verdict Obtained in $11M Wrongful Termination Case

Honors & Awards

■ Recognized in The Best Lawyers in America (2021)

■ Recognized in JD Supra’s 2018 Readers’ Choice Awards as a JD Supra Top Author on thesubject of Employer Liability.



■ Received the Burton Awards program Law 360 Distinguished Legal Writing Award for “The DieHard Survival Guide to This Year’s Office Holiday Party” in 2018.

■ Listed in Chambers USA, America's Leading Business Lawyers since 2007, in Oregon SuperLawyers since 2009, and in The Best Lawyers in America since 2010.

■ Recognized in JD Supra’s 2017 Readers’ Choice Awards as a JD Supra Top Author on thesubject of Employer Liability and the topic of the Gig Economy.

■ Named one of Oregon's "Top 40 Under 40" by the Portland Business Journal, an awardhonoring local business leaders, in 2006.

■ Selected as a "Rising Star" in the national employment law community by EmploymentLaw360.com in 2011.

■ "AV" Peer Review Rated by Martindale-Hubbell since 2004.

Professional Activities

■ Has served on Associated Oregon Industries' (AOI) Labor and Employment Practice SteeringCommittee since 2008.

■ Served on Oregon State Bar Labor and Employment Law Executive Committee from 2008 to2011.

■ Elected to serve on Oregon State Bar's Board of Bar Examiners, 2006 to 2009; also served asa Special Prosecutor for the Board from 2015 to 2017.

■ Testified before the Oregon State Legislature on impact of disability discrimination laws onemployers, 2006.

■ Elected Chairperson of the Oregon State Bar Disability Law Executive Committee in 2001 andserved on that committee from 1998 to 2003.

Community Activities

■ Currently serves as legal advisor to Greater Portland Soccer District's Board of Directors(2009 to present)

■ VP of Student Involvement, Greater Portland Syracuse University Alumni Club (2015 topresent)

■ St. John Fisher School Advisory Committee (2010 to 2013)

■ Past Co-Chair of St. John Fisher School Parent-Teacher Club (2008 to 2010)

■ Mock trial organizer and coach: Madison High School (1999 to 2000), St. John Fisher School(2015)



News

Supreme Court Nominee’s Rulings May Offer Insight on Gig Work and other Workplace Issues10.15.20

Fisher Phillips Attorneys Receive Top Honors in Best Lawyers in America©More Than A Quarter of the Firm’s Attorneys Recognized in 2021 Edition8.20.20

Fisher Phillips Partner Interviews with Law360 on Changes to COVID-Related Emergency Paid SickLeave8.5.20

Fisher Phillips Provides Employers with Post-Pandemic Back-to-Business FAQs4.20.20

Federal Aid for Gig Workers in Response to COVID-19 May Benefit Employers4.3.20

California Ruling Likely to Impact the Gig Model2.25.20

Best Lawyers in America® Honors 96 Fisher Phillips Attorneys in 2020 Edition8.15.19

New York Proposal to Allow Unionization of Gig Economy Workers6.20.19

Fisher Phillips Attorneys Interview on Legislation Codifying ABC Classification Test5.31.19

NLRB Publishes Memo Limiting Independent Contractor Rights for Unionizing5.14.19

Wired Interviews Portland Partner on Misclassification of Gig Employees4.29.19

Chambers USA Recognizes 40 Fisher Phillips Attorneys in 2019 ListFirm Also Ranked Among the Best in the U.S. for Labor & Employment Law4.25.19

Legal Standards Are Still Developing For Gig Employers, Says Fisher Phillips Partner4.12.19



Fisher Phillips Partner Explains Trucking Industry Challenges to Dynamex4.10.19

Fisher Phillips Partner Richard Meneghello Named to JD Supra Readers’ Choice Awards for ThirdStraight Year3.26.19

Attorney Walks Readers Through Steps to Take During an OSHA Investigation12.7.18

Fisher Phillips Analysis of Midterm Results Cited by The National Law Journal and CorporateCounsel11.8.18

Portland Partner Comments on the Impact of Proposed Joint Employer Rule Change10.24.18

Portland Attorney Examines Ninth Circuit Decision in Uber Arbitration Case10.1.18

Ninety-Five Fisher Phillips Attorneys Selected to The Best Lawyers in America 20198.15.18

Reporters Turn to Fisher Phillips for Insight into Supreme Court Nominee’s Record7.12.18

Attorney Comments on Postmates Ruling6.22.18

Attorney Quoted on DOL Data on 'Gig Economy'6.7.18

Forty-Two Fisher Phillips Attorneys Ranked Among the Top in Chambers USA 2018Firm Also Ranked Among the Best for Labor & Employment Law5.3.18

Attorney Comments on New California State Supreme Court Ruling5.2.18

Gig Economy Practice Leader Interviewed On New California State Supreme Court Ruling5.1.18

Gig Economy Business Model Dealt a Blow in California Ruling3.30.18



Fisher Phillips’ Katherine Sandberg and Rich Meneghello Receive the 2018 Burton Award forExceptional Legal Writing3.27.18

Richard Meneghello of Fisher Phillips Receives Prestigious National Awards for Legal WritingPortland Partner Honored for JD Supra Reader’s Choice and Burton Award3.19.18

Gig Economy Renews Debate Over Whether Contractors Are Really Employees 3.7.18

In Pennsylvania, You Can Drive an Uber While Still Collecting Unemployment2.12.18

GrubHub Win Doesn't Settle Debate Over Gig Workers' Status2.9.18

GrubHub Wage Case May See New Delivery: Worker Status Test Redo1.25.18

Kolker Sides with State Labor in Vacating Rauner's Nullification of 'Fair Share'1.2.18

New Overtime Rules Likely On the Way9.1.17

Eighty-Nine Fisher Phillips Attorneys Selected to The Best Lawyers in America 20188.15.17

'We Are Constantly in an Adversarial State'7.18.17

Super Lawyers Recognizes Five Portland Fisher Phillips AttorneysLeading Lawyers Honored for their Achievements in Employment & Labor Law7.11.17

Forty-Three Fisher Phillips Attorneys Ranked Among Top in Chambers USA 2017Firm Also Ranked Among the Best for Labor & Employment Law5.30.17

Lawyers Are Back: The Great Restructuring5.1.17



Lawyers Are Back: Politics and New Practice Areas5.1.17

States Take On Battle Over Regulating the Gig Economy4.27.17

Fisher Phillips Attorney Ranked Among Top AuthorsRich Meneghello is recognized by JD Supra’s Readers’ Choice Awards3.22.17

Workplace Law Regs On White House Chopping Block2.28.17

Acosta's Record Supporting Minorities at Justice Raises Questions About Immigration Enforcement2.27.17

Gorsuch Would Bring Conservative Bona Fides to Labor Cases2.1.17

Supreme Court Nominee Gorsuch Could Please Risk Managers2.1.17

Uber Driver Fight Helps to Shape Sharing Economy12.6.16

Oregon Employers Rocked as Judge Blocks Obama-backed Rule Extending Overtime Pay11.23.16

At Work, Application of Pot Laws Remains Hazy10.25.16

GC Cheat Sheet: The Hottest Corporate News Of The Week10.21.16

On-Demand Employers Should Expect More EEOC Scrutiny10.19.16

Why the Gig Economy Is a Game Changer for Employers9.20.16

Uber Sees $100 Settlement Rejected But Wins Appeal of Arbitration Issue9.19.16



Class Waiver Battle Appears Destined For Supreme Court8.24.16

Attorneys Selected to The Best Lawyers in America 20178.15.16

Four Ways Employers Can Prepare For EEOC Pay Data Expansion8.3.16

Should Employers Accommodate Pasta Worshippers?7.6.16

Forty-Three Fisher Phillips Attorneys Ranked Among Top in Chambers USA 20165.27.16

Cases Left on Supreme Court Docket May Lead to Tie Votes2.19.16

Safe Bets: Super Bowl Gambling, Monday Absenteeism2.5.16

An Employer Mandate for Wellness2.1.16

Court: Employers Can Require Health Screenings for Insurance1.8.16

Employer Requiring Wellness Program Participation Prevails Over EEOC1.8.16

A Look Ahead1.7.16

Why 2016 May Be a Rough Year for Litigation1.3.16

How the Daily Fantasy Sports Clampdown Could Affect Oregon12.24.15

Minimum Wage Changes Could Have Maximum Impact on Pay Scales12.23.15

Spokeo's Challenge to 'No Injury' Suits Likely to Impact Employment Claims11.2.15



Supreme Cases to Watch10.13.15

Five Supreme Court Cases HR Leaders Need to Watch9.17.15

Fisher Phillips Attorneys Selected to The Best Lawyers in America 20168.17.15

Independent Contractor Issues: A Tale of Drivers, Strippers and Lawsuits7.16.15

Six Attorneys in Portland Listed in 2015 Oregon Super Lawyers & Rising StarsMitch Baker, Clarence Belnavis, Todd Lyon and Richard Meneghello Honored in Super Lawyers,Laura Jordan and Alexander Wheatley in Rising Stars7.8.15

Forty-Three Attorneys Ranked Among Top in Chambers USA 20155.19.15

Intel's Parental ‘Bonding' Leaves Sets New Standard, But Other Oregon Employers Unlikely To Add It1.25.15

Fisher Phillips Attorneys Selected to The Best Lawyers in America 20158.18.14

Four Fisher Phillips Attorneys in Portland Listed in 2014 Oregon Super Lawyers & Rising Stars7.9.14

High Court's Recent Term Leaves Employers Sitting Pretty7.2.14

Beating the Workplace-Risk Heat This Summer6.12.14

Can An Employee Be Worked To Death?3.4.14

Commentary: Think Twice Before Sending That Text2.9.14

What Affected HR's Job The Most In 2013? Top 6 Trends12.27.13



Wal-Mart Worker Fired Over Medical Marijuana6.28.13

Facebook Harassment: Employers Should Address Inappropriate Behavior on Social Sites2.18.13

Relationships Pose Many Risks, Require Vigilance From HR12.11.12

Five Fisher Phillips Attorneys in Portland Listed in 2012 Oregon Super Lawyers & Rising StarsClarence Belnavis, Corbett Gordon and Rich Meneghello Honored in Super Lawyers, Laura Jordanand Erin Sweeney as Rising Stars7.10.12

Portland's Open-Shop Contractors Complain Of Union Intimidation8.25.11

Workers Say Store Failed to Stop Groper7.14.11

Fisher Phillips Partner Named "Employment Lawyer Under 40 to Watch"3.24.11

Fisher Phillips Transitions Managing Partner in Portland to Richard MeneghelloExperienced Portland Labor & Employment Attorney Assumes Role June 16.1.09

Seminars & Speaking Engagements

Trump’s in Office – Now What? The Key Workplace Law Issues Facing Hospitality EmployersPresented by Fisher Phillips and the Oregon Restaurant & Lodging Association

Bridgeport Brewing1313 NW Marshall StPortland, OR 97209, 3.13.17

2016 Workplace Law Seminar: Evolving with the Changing TimesPortland Annual Seminar

Hotel Monaco506 SW Washington StreetPortland, OR 97204, 7.19.16



Oregon Breakfast Briefing: Paid Sick Leave And More7.30.15

Social Media and the Employee – Chicago, IL5.23.11

Presented at Oregon Restaurant Association's Leadership Conference2007, 2009

Washington Lodging Association's Annual Conference2010

The Governor's Occupational Safety and Health Conference2005

Oregon Bureau of Labor & Industries' Annual Conference for Employers1998 to present

Guest lecturer at law school labor and employment classesLewis & Clark Law School Portland, OR

Willamette University School of LawSalem, OR

Articles

Calif. High Court Will Likely Apply Dynamex Retroactively8.1.19

Trio of Firm Attorneys Examine Supreme Court’s Upcoming LGBT Discrimination Cases5.15.19

Fisher Phillips Attorneys Preview Congress’, Administration’s Priorities Post-Midterm Elections11.7.18

Fisher Phillips Attorneys Author Article for Law360 on New York’s New Ride-Sharing Regulations9.5.18

OP-ED: Just (Don’t) Do It: A Warning Against ‘Cat’s Paw’ Retaliation3.1.18

Champing at the Bit: Can You Pay Your Workers in Bitcoin?2.12.18

‘M,’ ‘F,’ or ‘X’? Nonbinary Gender Designations in the Workplace1.11.18



Workplace Best Practices for Using AI and Robots | Counseling Employers on the Legal Implicationsof Artificial Intelligence and Robots in the Workplace12.20.17

The Purge. The Gig Economy Is Here To Stay. Here's How To Manage.1.10.17

DOL's Stance On Worker Misclassification Belies The Modern Business World7.8.16

Five Employment Law Cases to Pay Attention to3.23.16

Don't Let the Super Bowl Cause Super Problems2.5.16

Winter is Here! Employers, Take Action1.4.16

An End-of-the-year Labor and Employment Checklist12.25.15

OP-ED: Ringing in the New Year with New Laws12.4.15

Frequently Asked Questions About Tip Credit in Oregon11.25.15

When Alcohol Abuse Enters the Workplace11.5.15

The Modern Workforce In Transition: Strategies for Employers Handling Transgender and SexualIdentity Issues11.2.15

Lessons From the ‘Deflategate' Scandal10.19.15

Commentary: Workplace Appearance Policies: One Size Doesn't Fit All9.22.15

'At Will' Employment Works Well for Workers and Businesses in Oregon (OPINION)8.20.15



Sticks and Stones May Break Bones, But Words Can Get You Fired8.7.15

Appearance Policies: One Size Doesn't Always Fit All7.1.15

The Fine Line of Monitoring Workers via GPS6.4.15

OP-ED: Oregon Legislature May Choose to ‘Ban the Box'4.1.15

Don't Give Employees the Mark of the Beast3.5.15

Starbucks Allows Visible Tattoos; Who's Next?2.5.15

OP-ED: Should Businesses Beware of Service Dogs?12.3.14

OP-ED: Ease Those Ebola Fears, Employers11.5.14

Guest Opinion: Your Employees Are Ready For Football Season. Are You?9.12.14

Social Media Mayhem - How Snapchat, Texting And Instagram Are Transforming The Workplace9.1.14

Technology And Your Employees: How Snapchat, Texting and Instagram Are Transforming theModern Workplace7.9.14

Workplace Battle Lines Are Being Challenged By NLRB6.6.14

Could That Dress Code Be Worthless?5.7.14

Weighing Whether To Fight Unemployment Claims4.4.14



Can An Employee Be Worked To Death?3.4.14

Commentary: Federal court upholds termination sparked by Facebook rant12.11.13

"Bronies" and a Machete Make for Interesting HR11.1.13

More U.S. Supreme Court Decisions Expected To Affect Employers10.2.13

That Independent Contractor Agreement Might Be Worthless9.5.13

For sale: Two Extra Vacation Weeks7.2.13

Does It Smell Like A Lawsuit?6.5.13

So, What Is Harassment Really?5.1.13

Best Employment Practices from the Wide World of Sports4.3.13

Count the Cost Before Waging the War1.31.13

Will Paid Sick Leave Make Employers Sick In 2013?12.6.12

Courts Provide Employers With Whistleblower Lessons11.1.12

Business Going To The Dogs?10.4.12

Be Careful, Employers: You're In The ‘Red Zone'9.6.12

25 Million Reasons To Stop Workplace Bullying8.2.12



Court Provides Guidance On Managing Employee Attendance5.31.12

Criminal Background Checks Just Got A Little Harder5.3.12

Can You Get Fired For Wearing An Orange Shirt To Work?4.5.12

Oregon Employers Have Something New To Worry About3.1.12

Recent Legal Battles Provide Lessons2.2.12

What Oregon Employers Need To Know About Stalking12.1.11

The Dilemma Of Unemployment Claims9.1.11

What's the Latest With ‘Obamacare?'5.5.11

You Think Your Company's Dress Code Is Bad?2.3.11

Supreme Court Will Be Busy With Employment Law1.6.11

Religion, Holidays and the Workplace12.3.10

For Terminations, Timing is Everything11.4.10

Talking Politics at Work: Where Can Employers Draw the Line?10.1.10

5 Ways to Keep Employees Happy (in Time for Labor Day)9.2.10

Are Your Independent Contractors Really Independent Contractors?8.5.10



When Can Employers Be Liable For Employees' Online Conduct?7.19.10

Supreme Court Rules on Texting, Sexting at Work7.1.10

Summertime Means Heightened Workplace Safety Concerns6.21.10

Oregon Law Restricts Anti-Union Communication to Employees5.24.10

Employers Hazy Over Medical Marijuana in the Workplace5.10.10

Oregon Employers Claim Victory in Medical Marijuana Battle5.6.10

Employees With Medical Marijuana4.1.10

New Rules On Credit Checks Are In The Works3.11.10

Be Proactive to Ensure Employee Safety2.5.10

The New Internet Danger: Employers Can Be Liable For Employees' Online Conduct1.26.10

For Employers, How to Avoid Lawsuits1.12.10

Time to Prepare for a New Civil Rights Law11.17.09

FAQs About Swine Flu in the Workplace11.5.09

Many Illegal Drug Users Are Working10.1.09

Cell Phone Legal Sins Include Driving, Textual Harassment9.11.09



New Workplace Worry: ‘Textual Harassment'8.6.09

Five Essential Tips: Managing Your Workforce In A Slumping Economy8.2.09

Beware: Sensitive Data is a Frequent Target7.3.09

Tension Grows as Lawmakers Ignore Medical Marijuana6.26.09

Don't Risk Letting Employees Get Burned6.5.09

OSHA May Soon Start Flexing Its Muscle5.1.09

Onerous Employee Free Choice Act Weighs Down Companies4.10.09

Prepare for Workers to Be Deployed: Four Things That All Oregon Employers Need to Know aboutMilitary Leave4.3.09

Don't Get Caught With a Smoking Gun in Employment Cases: Ask Managers to Be Honest andThoughtful When Giving Evaluations of Employees3.27.09

Networking Web Sites Can Be Snares: Employers Should Weigh Pros and Cons Before InvestigatingEmployees Online3.6.09

Valentines Thoughts about Workplace Love Contracts2.16.09

Five Steps to Keep Layoffs Legal1.2.09

Five More Ways to Guarantee a Lawsuit11.7.08

Five Ways to Guarantee a Lawsuit11.6.08



E-Verify: Immigration Solution or Problem?10.3.08

The Long, Strange Trip Continues7.7.08

Hey Boss, Check Out My New Tattoo!5.2.08

Employers Have Vote on Politics at Work3.10.08

Checking References in the MySpace Era2.1.08

Some Bad News on Horizon for Oregon Employers in 20081.4.08

Writing It Doesn't Always Make It Right12.7.07

Gen. Y: Employment At Will Now A Two-Sided Proposition10.26.07

Immigration Battle Could Be Coming To Your Office10.5.07

Don't Cast Too Wide a Net When Restricting Blogging9.7.07

A Good Handbook Can Guide You From Litigation8.3.07

Court Ruling Opens Door for Lawsuits6.15.07

Can Sexual Orientation Talk Spark Harassment Claim?6.8.07

Happy Admin Professional's Day, now please don't sue5.4.07

Want To Solve The 'Problem Employee' Problem? Declare War3.2.07



Are You Ready for Some Football? Your Employees Are9.7.06

The Hidden Perils of Disability Access

Legal Alerts

What Employers Need To Know About SCOTUS Nominee Amy Coney Barrett9.28.20

Proposed Federal Rule Aims To Make It Easier To Classify Workers As Independent Contractors9.22.20

Federal Judge Strikes Down Key Parts Of New Joint Employer Rule9.9.20

What Employers Need To Know About DOL’s New Guidance On Return-To-Work, Remote Work, AndWage And Hour Issues7.23.20

5 Most Likely FMLA Changes That Could Be On The Horizon, Per DOL Information Request7.21.20

How Should Your Business Handle Anti-Mask Guests? A 5-Step Action Plan7.16.20

SCOTUS Rejects Review Of Salary History Defense To Pay Equity Claims7.6.20

FP COVID-19 Employment Litigation Tracker Reveals 43% Explosion Of Workplace Claims In June7.2.20

EEOC Warns Against Age Discrimination And Other Workplace Concerns During Back-To-BusinessPush6.12.20

Employers Get EEO-1 Reporting Reprieve In 20205.7.20

Top 10 Things Employers Need To Know About DOL’s New COVID-19 Rules4.3.20

Federal Court Preserves Use Of Mandatory Arbitration Agreements In California1.31.20



Sexual Harassment Payouts Hit All-Time High In 20191.28.20

The Super Bowl Shouldn’t Be A Super Headache For Employers1.21.20

Labor Department’s New 4-Factor Rule Attempts To Limit Joint Employment1.13.20

EEOC Scraps Policy That Took Aim At Mandatory Workplace Arbitration12.17.19

Cyber Monday And Online Shopping: 3 Things Employers Need To Know11.25.19

Scalia To Take Labor Department Reins: What Does It Mean For Employers?7.22.19

What Labor Secretary Acosta’s Departure Means For Employers7.15.19

What Employers Need To Know About The New EEOC Chair5.10.19

Department Of Labor Says Certain Gig Workers Are Contractors4.29.19

Supreme Court To Take Up LGBT Workplace Bias Cases For First Time4.22.19

Sexual Harassment Charges Increase Once Again, According To EEOC Stats4.12.19

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment4.1.19

Dueling Paid Leave Plans Introduced In Congress3.19.19

Late Night Shocker: EEO-1 Once Again Poised To Gather Pay Data Information3.5.19

Labor Board Makes It Easier To Classify Workers As Independent Contractors1.25.19



The Employer’s Essential Guide To This Year’s Super Bowl1.23.19

Longest Government Shutdown In History Is Impacting Workplace Law1.14.19

Federal Court Upholds Unworkable Joint Employer Test12.28.18

How The Government Shutdown Is Affecting Your Workplace12.27.18

November 2018: The Top 12 Labor And Employment Law Stories12.4.18

Cyber Monday And Beyond: 3 Things Employers Need To Know11.20.18

Top 10 Things Employers Need To Know About Midterm Election Results11.7.18

Top 10 Ways Employers Can Avoid Getting Ghosted This Halloween…And Beyond10.23.18

Labor Department Will Tackle Joint Employment And Overtime Issues…But When?10.17.18

New SCOTUS Term Starts With A Whimper…Will It End With A Bang?10.4.18

Inartful Wording Dooms Employer’s Arbitration Agreement8.17.18

Will SCOTUS Justice Kavanaugh Treat Employers Well? The Magic 8-Ball Says: “You May Rely On It”7.10.18

What Do Employers Need To Know About Justice Kennedy’s Retirement?6.29.18

Labor Board Will Soon Issue New Rule To Solve Joint Employment Dilemma5.11.2018

Federal Appeals Court Makes It Easier For Workers To Advance Class Claims5.7.18



Spring Is In The Air! But Telling Your Employees You Love Them Could Cost You $5 Million4.30.18

Labor Board Poised To Even Playing Field Once Again4.13.18

Another Misclassification Win For Gig Economy Businesses4.12.18

Appeals Court Says Salary History Can’t Block Equal Pay Act Claims4.9.18

Goodbye, Guidance? Feds Limit Power Of Agency Guidance Documents2.20.18

States Ask Congress To Prohibit Arbitration In Sex Harassment Claims2.13.18

Victory For Grubhub In First-Ever Gig Economy Trial2.8.18

What Every Employer Needs To Know About The Super Bowl1.29.18

What A Government Shutdown Would Mean For Employers1.18.18

Tax Reform Law Includes Paid Leave, Sexual Harassment Settlement Provisions12.21.17

November 2017: The Top 14 Labor And Employment Law Stories12.6.17

EEOC Earns First-Ever Title VII Court Win In LGBT Discrimination Case11.29.17

Bad Break: Oregon Employer Pays Quarter-Million Dollar Wage & Hour Fine11.9.17

EEOC’s Online Filing Tool For The Public Is Now Fully Operational11.6.17

Federal Paid Leave Proposal Introduced In Congress11.3.17



October 2017: The Top 11 Labor And Employment Law Stories11.2.17

Is This The Beginning Of The End Of The NLRB’s War On Employer Rules?10.23.17

Trump’s Third Travel Ban Blocked By Federal Court10.17.17

Feds Say Title VII Doesn't Cover Transgender Workers10.6.17

Upcoming SCOTUS Term Promises To Be A Blockbuster10.5.17

September 2017: The Top 10 Labor And Employment Law Stories10.5.17

SCOTUS Appears Ready To Deal Devastating Blow To Public Unions9.28.17

August 2017: The Top 11 Labor And Employment Law Stories9.7.17

Labor Board Dunks On Employer’s Contractor Classification Attempt8.28.17

Oregon Employers Face Significant New Workplace Laws8.16.17

July 2017: The Top 12 Labor And Employment Law Stories8.1.17

June 2017: The Top 15 Labor And Employment Law Stories7.5.17

“Mark Of The Beast” Workplace Concerns Lead To Half-Million Dollar Verdict6.15.17

Labor Board Finds Employer Guilty Of “Textual Harassment”6.14.17



Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, JointEmployment6.7.17

May 2017: The Top 10 Labor And Employment Law Stories6.2.17

Another One Bites The Dust: 6th Circuit Latest To Strike Down Mandatory Class Waivers5.31.17

Federal Appeals Court Rejects Trump’s Second Travel Ban5.26.17

12 Months of Additional ADA Leave Not Reasonable, Court Says5.25.17

Paid Parental Leave One Step Closer To Reality5.23.17

April 2017: The 13 Biggest Labor And Employment Law Stories5.3.17

100-Day Recap: Workplace Law Under President Trump, So Far5.2.17

F-Word Facebook Firing Flipped By Federal Court4.25.17

Gig Economy Game-Changer? New Florida Law Ensures Contractor Status For Drivers4.25.17

Will Employers Cry Mayday This May 1? What You Need To Know About Planned Protest Activities4.24.17

Sexual Harassment In The News Likely To Lead To Uptick In Claims4.20.17

Federal Court Provides Roadmap For Misclassification Success – Sort Of4.13.17

Landmark Appeals Court Ruling Extends Title VII Protections To LGBT Employees4.5.17



March 2017: The 15 Biggest Labor And Employment Law Stories4.4.17

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban3.16.17

Uber Court Victory A Win For Sharing Economy Companies Everywhere3.3.17

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment AndAssault3.2.17

February 2017: The 12 Biggest Labor And Employment Law Stories3.1.17

Workplace Law Regs On White House Chopping Block2.28.17

Second Time's The Charm? An Employer's Guide To Labor Secretary Nominee Alexander Acosta2.17.17

What Employers Need To Know About The "Day Without Immigrants" Walkout2.15.17

President's Immigration Ban Remains Blocked2.9.17

Good Things Come To Those Who Wait? Supreme Court Delays Class Waiver Decision Until NextTerm2.8.17

January 2017: The 12 Biggest Labor And Employment Law Stories2.2.17

Will SCOTUS Justice Gorsuch Treat Employers Well? The Magic 8-Ball Says: “Signs Point To Yes”2.1.17

White House Reaffirms Protections For Federal Contractor LGBTQ Workers1.31.17

Joint Employment Jolt: Federal Appeals Court Creates New And Troubling Standard1.30.17



No Excuses: “Retroactive Leniency” Is Not An ADA Reasonable Accommodation1.26.17


President Trump Meets With Union Leaders On First Business Day In Office: Should Employers BeWorried?1.24.17

Federal Contractors Must Provide Privacy Training1.23.17

Supreme Court Agrees To Wade Into Class Waiver Conflict1.17.17

An Employer’s Horror Story For Friday The 13th: Retaliation Claim Survives 13-Year Gap1.11.17

Groundhog Day Comes Early For West Coast Auto Dealers: Another Loss In Service AdvisorExemption Battle1.10.17

December 2016: The 8 Biggest Labor And Employment Law Stories1.3.17

Court: Employees Seeking Accommodation Must Compete For Reassignment12.28.16

Minimum Wage Increases In Store For Many In 201712.19.16

What Employers Need To Know About Puzder’s Selection As Labor Secretary12.9.16

November 2016: The 7 Biggest Labor And Employment Law Stories12.6.16

OT Aftermath: FAQs On How Employers Should Respond To Overtime Rule Decision11.29.16

BLOCKED! Court Preliminarily Halts Overtime Rules With Last-Minute Ruling11.22.16



Three Things Employers Need To Know About Cyber Monday 201611.21.16

Employers Claim Crucial Victory In Persuader Battle11.16.16

Top 10 Workplace Law Developments To Expect From The Trump Presidency11.9.16

FMLA Fraud Finding Leads To Employer Court Victory11.3.16

October 2016: The 8 Greatest Labor And Employment Law Stories11.2.16

Court Puts Blacklisting Rules On Hold10.26.16

Workplace Law Discussed During Final Presidential Debate10.20.16

EEOC Announces New Enforcement Priorities10.19.16

September 2016: The 8 Greatest Labor And Employment Law Stories10.5.16

Trump, Clinton Talk Workplace Law At First Debate9.27.16

Employer Wins Dreadlocks Deadlock9.26.16

Employers Win Latest Round In Class Waiver Fight9.8.16


10 Things You Need To Know About EEOC’s New Retaliation Guidance8.31.16

Cat’s Paw Theory Of Discrimination Adopted By 2nd Circuit8.30.16



SEC Cracks Down On Anti-Whistleblower Severance Agreements8.25.16

Mandatory Class Waivers Struck Down By 9th Circuit8.22.16

Uber’s $100 Million Settlement Falls Apart8.19.16

Saying “You’re Fired” Could Bring Labor Pains8.18.16

Class Action Waivers Get Much-Needed Lyft8.17.16

Time To Update Your Workplace Posters8.16.16

July 2016: Five Biggest Labor And Employment Law Stories8.4.16

Sexual Orientation Discrimination Not Covered Under Title VII, Court Says8.2.16

Updated Equal Pay Data Rule Fails To Address Employer Concerns7.14.16

NLRB Reinstates Liberal Standard For Unionizing Temp Workers7.11.16

June 2016: Eight Great Labor And Employment Law Stories7.5.16

EEOC To Revise Controversial Proposed Pay Data Collection Rules6.27.16

Employers Enjoy First Round Victory: PERSUADER RULE BLOCKED!6.27.16

Employers Received Mixed Message In First Of Three Persuader Rulings6.22.16

Union ‘Quickie Election’ Rule Survives Legal Challenge6.16.16



N.J. Employers No Longer Able To Shrink Lawsuit Time Limits6.16.16

May 2016: Ten Biggest Labor And Employment Law Stories6.2.16

Epic Fail: Class Action Waivers Take A Hit5.31.16

April 2016: Five Biggest Labor And Employment Law Stories5.2.16

What The $100M Uber Settlement Means To All Employers4.28.16

Do You Have To Accommodate An Employee Who Worships The Flying Spaghetti Monster?4.19.16

Broadway's 'Hamilton' Teaches Lessons To Employers4.8.16

San Francisco Will Require Employers To Provide Paid Parental Leave: FAQs For Employers4.7.16

Fisher Phillips Offers Comments On EEOC's Proposed Pay Data Collection Rules4.6.16

March 2016: Five Biggest Labor And Employment Law Stories4.5.16

Is It OK To Tell Polish Jokes At Work? (Answer: NO)3.16.16

February 2016: Five Biggest Labor And Employment Law Stories3.1.16

"You Lie, You Die" – Dishonesty Derails Discrimination Case2.29.16

Fisher Phillips Offers Comments On EEOC's Proposed Retaliation Guidance2.25.16

Oregon's Minimum Wage Will Increase This July - And Each Year Thereafter For The Next Six Years2.19.16



Justice Scalia's Death Leads To Employer Uncertainty2.15.16

This Valentine's Day, Telling Your Employees "I Love You" Could Get You Sued2.10.16

January 2016: Five Biggest Labor And Employment Law Stories2.1.16

Employers May Soon Be Forced To Reveal Pay Information By Gender1.29.16


Employers Secure Another Win In Medical Marijuana Battle: Three Things You Need To Know1.14.16

Federal Appeals Court Decision Offers Practical Guidance To Both HR Executives And TheirEmployers1.8.16

All Is Well For Employers: Three Things You Need To Know About Court Ruling In Wellness ProgramLawsuit1.6.16

Top Ten Labor & Employment New Year's Resolutions For 20161.4.16

Minimum Wage To Increase For Many In 201612.16.15

Three Things Employers Need To Know About Cyber Monday11.30.15

Portland Passes Strict New "Ban The Box" Law11.30.15

Winter Is Coming…So What Should Employers Do To Prepare?11.12.15

Will Your Workers Go On Strike On November 10? What You Need To Know11.6.15



Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football CoachControversy10.20.15

What Should Employers Expect During The New Supreme Court Term?9.29.15

Obama Orders Federal Contractors To Provide Mandatory Paid Sick Leave9.8.15

Don't Get Deflated: Four Things Employers Can Learn From the Tom Brady "Deflategate" Ruling9.4.15

NLRB Starts Down The Slippery Slope With Controversial New Joint Employer Ruling8.28.15

NLRB Sacks College Football Player Union Organizing Drive8.17.15

Don't Fear The Reefer, Oregon Employers: Legalization of Recreational Marijuana Will Not ImpactCompany Policies11.5.14

Meet the New ADA: Massive Changes Ahead for Nation's Employers9.18.08

Newsletter Articles

September 2020: The Top 16 Labor And Employment Law Stories10.2.20

Trump v. Biden: A Workplace Law Preview10.2.20


A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term7.31.20




June 2020: The Top 21 Labor And Employment Law Stories7.2.20

The Top Non-COVID Workplace Law Stories You May Have Missed: May 20205.29.20

The Top Non-COVID Workplace Law Stories You May Have Missed: March/April 20204.23.20

WEB EXCLUSIVE: February 2020: The Top 15 Labor And Employment Law Stories3.2.20

WEB EXCLUSIVE: January 2020: The Top 14 Labor And Employment Law Stories2.3.20

A Decade In Review: Workplace Law In The 2010s1.2.20

WEB EXCLUSIVE: The Top 14 Workplace Law Stories Of December 20191.2.20

WEB EXCLUSIVE: November 2019: The Top 12 Labor And Employment Law Stories12.2.19

As Winter Approaches, Prepare Your Workplace For The Cold November Rain11.1.19

WEB EXCLUSIVE: Top 13 Employment Law Stories From October 201911.1.19

Pendulum To Swing Back As SCOTUS Prepares For Exciting 2019-2020 Term10.1.19

WEB EXCLUSIVE - July 2019: The Top 18 Labor And Employment Law Stories8.1.19

WEB EXCLUSIVE: June 2019: The Top 16 Labor And Employment Law Stories7.1.19

WEB EXCLUSIVE: May 2019: The Top 17 Labor And Employment Law Stories6.3.19

WEB EXCLUSIVE: April 2019: The Top 16 Labor And Employment Law Stories5.1.19



March 2019: The Top 14 Labor And Employment Law Stories4.1.19

WEB EXCLUSIVE: February 2019: The Top 15 Labor And Employment Law Stories3.1.19

January 2019: The Top 16 Labor And Employment Law Stories1.31.19

December 2018: The Top 15 Labor And Employment Law Stories1.1.19

FROM THE ARCHIVES: The Die Hard Survival Guide To This Year’s Office Holiday Party11.30.2018

Winter Is Coming…So What Should Employers Do To Prepare?10.31.18

October 2018: The Top 14 Labor And Employment Law Stories10.31.18

WEB EXCLUSIVE - September 2018: The Top 13 Labor And Employment Law Stories10.1.18

Epic Ruling Gets 2 Sequels: Court Applies New SCOTUS Standard To Wage And MisclassificationClaims9.27.18

WEB EXCLUSIVE: August 2018: The Top 15 Labor And Employment Law Stories8.31.18


WEB EXCLUSIVE - Flurry Of Recent ADA Cases Can Be Instructive For Employers, Part Two8.1.18

Flurry Of Recent ADA Cases Can Be Instructive For Employers7.2.18

WEB EXCLUSIVE - June 2018: The Top 18 Labor And Employment Law Stories7.2.18



WEB EXCLUSIVE - May 2018: The Top 14 Labor And Employment Law Stories6.1.18

WEB EXCLUSIVE - April 2018: The Top 19 Labor And Employment Law Stories5.1.18

WEB EXCLUSIVE: March 2018: The Top 13 Labor And Employment Law Stories4.2.18

WEB EXCLUSIVE: Master The Modern Method For Managing March Madness3.1.18

Champing At The Bit: Can You Pay Your Workers In Bitcoin?2.1.18

WEB EXCLUSIVE: January 2018: The Top 18 Labor And Employment Law Stories2.1.18

WEB EXCLUSIVE December 2017: The Top 14 Labor And Employment Law Stories1.2.18

“M,” “F,” Or “X”? Nonbinary Gender Designations In The Workplace1.1.18

Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy10.31.17

FAQs On “Generation Z” In The Workplace6.30.17

The Future Is Now: Robots And Artificial Intelligence In The Workplace3.1.17

WEB EXCLUSIVE: Groundhog Day Comes Early For West Coast Auto Dealers2.1.17

Don’t Read This: 2016 Workplace Law Year In Review12.2.16

Employer Wins $5 Million From Aggressive Union10.3.16

President Trump? President Clinton? A Workplace Law Preview8.30.16



Uber-Expensive Settlement Could Be Uber-Important To Employers6.1.16

Broadway's ‘Hamilton' Teaches Lessons To Employers5.2.16

Three Things To Do: End-Of-The-Year Labor And Employment Checklist For 201512.1.15

If Your Baristas Can Show Off Their Tattoos, Will Your Employees Be Next?7.1.15

Don't Give Your Employees The Mark Of The Beast6.1.15

Unemployment Claims: Do You Really Want To Fight It?10.1.14

Don't Fear The Future: Using Instagram As A Recruiting Tool9.1.14

A Series Of Ticking Time Bombs – A Review Of The Supreme Court's 2013-2014 Term8.1.14

Should You Install Security Cameras In Company Bathrooms? (Hint: NO)4.1.14

Employee Fired For Facebook Rant Doesn't Like Status2.3.14

Was It A Good Year Or Bad Year? The 2013 Employment Law Year In Review12.3.13

Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term9.1.13

Can You Fire Someone For Being Too Sexy?7.1.13

Count The Cost Before Waging The War4.1.13

Never Mind Your Kids, How About Taking Your Dog To Work?1.2.13



2012 Employment Law Year In Review12.3.12

Supervisor-Subordinate Relationships: Never A Good Idea9.3.12

Was The Supreme Court Term Actually Boring?8.1.12

Pros and Cons of Severance Agreements12.1.11

The Calm Before The Storm?11.1.11

March Mayhem Bracket For Employers: Final Four Revealed!4.1.11

March Mayhem Bracket For Employers: Biggest Workplace Headaches3.1.11

How Will Kagan Treat Employers?8.1.10

Presenting The Lemmies3.1.10

The Year In Labor & Employment Law, from A to Z1.1.10

Will Justice Sotomayor Be Kind to Employers? Magic Eight Ball Says "Outlook Not So Bad"7.1.09

Student Golfer's Lawsuit Lands In The Rough7.1.09
