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Legal Perspective on the Health, Safety & Security Responsibilities for US Mobile Workforce

Fisher & Phillips LLP attorneys are not only well equipped to assist employers in developing or updating safety and health management programs for employees working domestically, but can also assist employers who are sending employees to work abroad –something that is becoming the norm rather than the exception for United States employers. Often times, employers ...
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Radical Candor in the Workplace: How “Being Nice” To Employees May Place You In Legal Jeopardy

Is honesty really the best policy at the workplace? Some employers believe that a few little white lies might help them avoid uncomfortable situations and confrontations. It’s common for some to spare an employee’s feelings during performance reviews for fear of upsetting the employee or being accused of treating them differently from others. Many employers ...
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Real ID Act goes into effect for travelers January 22, 2018

If you have gone through airport security recently, you’ve probably seen these signs posted:Phase 4 of the Real ID act goes into full effect on January 22, 2018, requiring that travelers present a Real ID compliant form of identification when boarding domestic flights. At this point, the majority of state IDs and drivers licenses are ...
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Accommodating Pregnancy Under State and Federal Law

Laws requiring both public and private employers to accommodate their pregnant employees have become a trend over the past several years.  Indeed, this past July, Massachusetts became the 22ndstate, along with the District of Columbia, to pass a law that requires an employer to engage in the interactive process and provide an accommodation to a pregnant ...
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The Importance of Reporting Workplace Injuries

There are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third Department affirmed a decision by the Workers’ Compensation Board that the widow of a deceased employee working at ...
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It’s time to wake up and figure out how GDPR affects you!

You’ve heard about the GDPR, right? As I’ve spoken with people (security people and “civilians”), I’ve found many who had no idea that the GDPR was a thing.  I know Americans tend to have a very US-centric view of the world, but the GDPR is critical for any business with a presence, customers, or clients in ...
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Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of disability. Recently, a growing number of lawsuits filed by the Department of Justice (DOJ) and private litigants threatening ...
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No Sexual Harassment, but Retaliation Claim Survives

Just as the adage is that “the coverup is worse than the crime,” we know that in employment law, “the retaliation claim is more dangerous than the underlying discrimination.” The latest example of this is in the recent decision of Austin v. Bloomin’ Brands, 2:16-CV-06509-TR (Aug. 30). MOSTLY HISPANIC KITCHEN STAFF Mark Austin began working ...
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Hurricanes Headaches: HR FAQs for Employers

Natural disasters are known for the wreckage and destruction they leave in their wake and the difficulty that follows with recovery. For employers, these difficulties can arise in the form of HR challenges. When employees are affected by disasters, questions about wages, hours, FLMA, benefits, and more can arise. The best way to navigate through ...
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Businesses Should Prepare For Predictive Scheduling Laws

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling.  In that lawsuit, the employees relied on a California law requiring employees, who report for work on a scheduled ...
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