These are Phyllis Katz's posts

Phyllis Katz is a member of the firm's Local Government and Employment practice groups. She focuses her practice in employment law and working as general counsel to public bodies. For over 25 years Phyllis has represented employers (and, on occasion, employees) in drafting and enforcing employment contracts, developing and advising on personnel policies and the various employment laws, representing clients involved in enforcement actions by the EEOC, Wage and Hour Administration, OFCCP, DOL, and other enforcement agencies. She advises business and individuals on discrimination complaints, termination actions, ADA, FLSA, and FMLA complaints, and employment torts. She is frequently retained to investigate public official and employee misconduct. Phyllis also has an active practice in providing training on all aspects of employment law including sexual harassment, military laws, the Family and Medical Leave Act and the Fair Labor Standards Act.

To Post or Not to Post: NLRB Posting Delayed

Today, the U.S. Court of Appeals for the District of Columbia issued a temporary injunction against the National Labor Relations Board’s enforcement of its new rule requiring private employers to post a notice to employees informing them of their rights under the National Relations Act.  The court did not invalidate the rule, it just held […]


Two New Employer Requirements!

NLRA Poster. No later than April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act (NLRA). The notice, Notice of Employee Rights Under the National Labor Relations Act, is available for downloading at


Supervisors Could Be Personally Liable for Leave Interference

In a case decided in late August, Weth v O’Leary, a federal court in Virginia sent a wake-up call to all public employer supervisors when it held that the Treasurer of Arlington County could be held personally liable for interfering with the rights of an employee who was on Family and Medical Leave.  The case has […]


Don’t Let Your Internship Turn Into A Black Swan

With over two years of recession, jobs have been closed for many, particularly new college graduates.  Many of these eager graduates are willing to work for nothing “Just to get the experience.”  Employers want to accommodate friends and neighbors and offer a work experience that will be meaningful on a resume.  So a marriage begins, […]


Disparate I-9 Documentation Process Can Result in Civil Penalties

Employers are not permitted to tell employees what documentation out of the approved I-9 documents they must provide to comply with the I-9 process. Employees must be able to make their own choice among the selection of approved documents as provided in the I-9 instructions. Directing the documentation or requiring more documentation than required is unlawful and leaves the employer open to charges of discrimination and violation of the I-9 process.


Caregiving Leave Expanded

In Loco Parentis FMLA Leave – Expansive Interpretation With children heading back to school where mono and other serious illnesses may be transmitted more readily,