Civil Rights Worker’s Compensation Labor & Employment

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Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of...more

5 Steps Every Employer Should Take To Effectively Manage Workers' Compensation Claims

Enacted in 1915, Pennsylvania’s Workers’ Compensation Act was viewed as a “great compromise,” with both sides giving up important safeguards. In exchange for medical and economic benefits, employees surrender their right...more

A New Year = New Laws for California Employers

It’s that time again – a new year means new laws and regulations for California employers. Below we summarize new legislation that will affect employers doing business in California. Unless otherwise indicated, the new laws...more

Texas Supreme Court Vindicates Employer That Uniformly Enforced its Leave Policy

On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee...more

Tis the Season for Good Party Planning

Holiday parties are a great way for employers to boost morale and bring employees together to celebrate the season and the past year’s accomplishments. However, if not properly planned, a holiday party may bring an...more

Interplay Between Texas Workers' Compensation Law and Federal Family Medical Leave Act: Texas Supreme Court Addresses Impact of...

On December 4, 2015, the Texas Supreme Court provided significant guidance for employers by clarifying the relationship between the Texas Worker’s Compensation Act and the federal Family Medical Leave Act ("FMLA") in...more

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

25 Years of the ADA: Five Tips for ADA Compliance

Last week – July 26, 2015, to be precise – marked the 25th anniversary of the passage of the Americans with Disabilities Act. The anniversary kicked off celebrations of, according to the U.S. Department of Justice, the...more

Should Your Business Have to Pay Workers’ Compensation Temporary Disability to an Employee Who Was Terminated for Cause?

Employers should be cautious when terminating an employee on light duty restrictions as the result of a work accident. Pursuant to Section 42-9-260, when an employee is out of work due to a reported work-related injury or...more

Why Employers Should Think Twice Before Making Employees Play Hurt

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he...more

New California Employment Laws for 2015 and Beyond

It is that time of year again, California. As the days grow shorter and the nights grow semi-colder (it is still California after all), a flurry of activity begins as employers revisit their policies and handbooks to assess...more

2015 Labor & Employment Law Update for California Employers

The California Legislature enacted a number of new bills that become effective in 2015. Among the most significant are the following...more

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Employment Law 101: Employee Handbooks

Who, What, Why . . . Who does it apply to: It is up to you. A business with two employees might benefit from an employee handbook. A business with 100 might function fine without one. There are no legal rules about...more

Employers Should Not Just Be Bold, But Smart, When Dealing With Ebola

Tensions are high concerning the potential spread of the Ebola virus disease in the U.S., fueled by the confirmation of new infections, around-the-clock news reports on potential calamities and our natural, and seemingly...more

Be Global - September 2014 (Global Labor & Employment)

Highlights: Australia: No implied term of mutual trust and confidence in Australian employment contracts - In a welcome development for employers, the High Court of Australia has handed down a landmark decision that...more

Empire State High: New York Joins Ranks of States Legalizing Medical Marijuana Use. But What Does This Mean For Employers?

New York's Compassionate Care Act, enacted on July 7, 2014, places New York in the company of 22 other states and the District of Columbia who permit the use of marijuana for medical purposes. Important for employers, the law...more

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

Effective July 1, 2014: New Tennessee Laws

New Tennessee laws took effect on July 1, 2014, including changes to the workers' compensation system, caps on damages in suits under the State's statutory employment discrimination laws, and protections for employers hiring...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

New Jersey Court Okays Provision in Job Application Reducing Statute of Limitations

In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more

Executive Briefing

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents,...more

Missouri Supreme Court Abandons Exclusive Causation Requirement for Worker’s Compensation Retaliatory Discharge Claims

In Templemire v. W&M Welding, Inc., -- S.W.3d -- , (Mo. 2014), No. SC93132, 2014 WL 1464574, the Missouri Supreme Court threw out its long-held interpretation of section 287.780, RSMo requiring a plaintiff in a worker’s...more

Employers Beware: Missouri Supreme Court Heightens the Risk of Dismissing Employees Who Filed Workers Compensation Claims

The Missouri Supreme Court recently overruled the long-standing “exclusive” causation standard for worker’s compensation retaliation claims and held that an employee only needs to demonstrate that filing a worker’s...more

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