Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Fisher Broyles Firm blog

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Have You Heard? The EEOC Issued New Guidance About Hearing Disabilities In the Workplace

The Equal Employment Opportunity Commission (EEOC) wants to remind employers that the Americans with Disabilities Act (ADA) protects deaf applicants and employees as well as those who have milder hearing disabilities. Employers want to listen carefully. Puns aside, the newly released EEOC Guidance extensively explains a few salient topics: The EEOC, the federal agency that…
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FTC to Employers: Say Goodbye to Your Non-Competes

Co-Authored with Christina Bost Seaton Explosive news issued from the Federal Trade Commission (FTC) when it proposed a rule on January 5, 2023, purporting to ban all non-compete provisions by all employers (regardless of size) as to all workers. Notice that we wrote “workers,” not employees. That’s right. The proposed rule would apply to independent…
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Congress Bumped Up Workplace Protections for Pregnant and Nursing Employees

As 2022 wound down, federal legislators passed two new workplace laws: the Pregnancy Fairness Workers Act (PFWA) and the Providing Urgent Maternal Protections (PUMP) Act. Employers may wonder about the necessity of the PFWA when employers (with more than 15 employees) must follow the Pregnancy Discrimination Act (PDA). Similarly, what additional protections does the PUMP Act…
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Employment Review For 2022

Employers, it’s almost a new year. I hope that your business has thrived, your employment policies have been effective (and updated), your managers have been trained, and that you have not been the subject of any workplace investigation by a federal, state, or local agency. Reflecting on 2022 helps employers level-set for 2023. To move…
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When Love Is “On The Air” At Work

I am following avidly the plight of ABC News co-anchors T.J. Holmes and Amy Robach whose recently discovered romantic involvement led their employer to temporarily suspend them. According to this New York Times article, neither employee informed their boss about their relationship. Neither employee violated the law. Whether they violated company policy is unknown (ABC…
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Employers, Don’t Throw Away Your Shot To Prevent And Remedy Antisemitism

As most have heard by now, the National Basketball Association (NBA) and the Brooklyn Nets suspended star player Kyrie Irving for espousing, and then not disavowing, antisemitism. Irving promoted a well-known antisemitic documentary on Twitter. Unlike when I tweet about some case or new workplace law, when Irving tweets, more than 4.6 million people may…
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Providing An Accommodation Is Not “A Shield From Criticism”

In yesterday’s “Work Friend” column in The New York Times, “Anonymous” writes to columnist (and acclaimed author) Roxane Gay complaining that a direct report’s chronic health condition causes unpredictability in attendance and inconsistent performance. Anonymous writes that HR supports and works with this employee. (Yay HR!) But Anonymous is frustrated because when trying to provide…
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Prioritizing Mental Health At Work With A Different Kind of “Happy” Hour

Have an Employee Assistance Program? Check. Have a policy explaining to employees that they can request reasonable accommodations for a physical or mental health disability and how to go about that? Check. Trained your managers to recognize requests for accommodations? Check. Talking with your teams about mental health? Communicating authentically about mental health in your…
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Independent Contractor or Employee? A New Test Might Be Right Around the Corner

Independent contractor or employee? That has long been the question under various federal and state laws. Courtesy of my employment partner Gordon Berger, I’m here to tell you that the United State Department Of Labor (DOL) just released a new proposed rule (“Rule”) that would update the requirements for whether a worker is an independent contractor…
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No Such Thing As A Free Lunch When It Comes to Sexual Harassment

Ignoring a female employee’s complaints that a male co-worker referred to her as “lunch” and simulated sex acts can draw scrutiny from the Equal Employment Opportunity Commission (EEOC). The EEOC reported that Lowe’s would pay $700,000 to settle a discrimination lawsuit that the EEOC filed in the U.S. District Court of Arizona just a few…
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AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.

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RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.

Richard Cohen Fisher Broyles

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