Tag: Burton J. Fishman

Browning-Ferris reversal calls end to uncertainty on joint employment

Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14. The 3-2 decision overrules the Browning-Ferris decision, which broadened what could be considered a joint employment relationship. Under the Browning-Ferris decision, employers that had indirect—even potential—unexercised control over employees […]


Publication of New ADA and GINA Regulations Delayed

By Burton J. Fishman In a prior notice, the Equal Employment Opportunity Commission (EEOC) announced that its new Genetic Information Nondiscrimination Act (GINA) regulations would be issued this month and that new Americans with Disabilities Act (ADA) regulations should be out in July. It now appears those dates were overly optimistic. In a public session […]


More Workers Protected from Disability Discrimation under ADA Amendments Act

by Burton J. Fishman Fortney & Scott, LLC Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, President George Bush […]