Off The Clock And On The Hook: A Primer On Employer Liability For The Acts Of Employees Committed Away From Work


Employers may be held liable for injuries to third-parties caused by employees acting within the scope of their employment. However, subject to some exceptions, employers are generally not liable for damages arising from injuries caused by their employees while they are away from the work site. This article surveys the so-called “lunch break” and “coming and going” rules, and the exceptions to them under which employers may be held responsible for the acts of their employees when they are out of sight, if not out of mind.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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