News & Analysis as of

Employee Liability Information

Ninth Circuit in Spokeo: Inaccurate Consumer Reports Support Standing in FCRA Cases

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held that allegations that Spokeo Inc. published an inaccurate consumer report in violation of the Fair Credit Reporting Act established a concrete injury sufficient to confer...more

Seventh and Ninth Circuit Decisions Provide Guidance on the Concrete Injury Analysis Required Under Spokeo

by Pepper Hamilton LLP on

While some defendants will view the Spokeo II decision as lowering the bar for standing, the recognition in Spokeo II and Groshek that a statutory violation alone does not automatically satisfy the concrete injury requirement...more

Alleged FCRA Violation Sufficiently Concrete for Article III Standing, Ninth Circuit Holds in Spokeo II

by Ballard Spahr LLP on

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held in Spokeo v. Robins that an alleged Fair Credit Reporting Act (FCRA) violation was sufficiently concrete to support Article III...more

Employment News - April 2017

by Hogan Lovells on

Plus ça change… - the employment law implications of the Great Repeal Bill - The government published its white paper "Legislating for the UK's withdrawal from the EU" last week. The employment law consequences of Brexit...more

What GCs Need to Know About EPLI

by Zelle LLP on

This is the fifth in our series of posts for general counsel and the HR professionals who support them. As we have noted previously, GCs are responsible for a lot but may not have time to become an expert on everything. These...more

SCOTUS Fair Credit Reporting Act Background Check Standing Case Remanded to Lower Court

by FordHarrison on

On May 16, 2016, in a 6-2 decision, the U.S. Supreme Court remanded the closely watched Spokeo Inc. v. Robins case back to the Ninth Circuit for further analysis. The issue is whether the plaintiff, Robins, has standing to...more

U.S. Supreme Court Holds Not Every Violation of a Federal Statute is a Ticket to File a Federal Court Lawsuit

by Littler on

On May 16, 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to...more

Tale of Several Lawsuits: Filings in North Carolina and Mississippi Regarding Gender Identity Laws

In response to the Department of Justice’s letter last week (see our previous blog post) regarding North Carolina’s HB2 law about transgender bathroom access (among other things), the Governor and Secretary of the Department...more

Top 5 Provisions for Your Staffing Contracts

by Ballard Spahr LLP on

In today's economy, organizations are increasingly looking to nontraditional sources of labor, including use of leased, outsourced, and other staffing arrangements that involve individuals who may not be on the organization's...more

FMLA FAQ: What if the Doctor Refuses to Use the Employer's FMLA Medical Certification Form? And They Want to Charge a Fee for It?

by Franczek Radelet P.C. on

A couple of clients have asked me recently whether a health care provider can use his/her own medical certification form or “doctor’s note” to support the employee’s need for FMLA leave, or can we require the HCP to use the...more

Seattle’s Updated Labor Standards Requirements

by Littler on

Seattle, Washington has amended the quartet of laws addressing labor standards (Seattle Sick Time and Safe Time Ordinance, Seattle Fair Chance Employment Ordinance, Seattle Minimum Wage Ordinance, and Seattle Wage Theft...more

Is Your Employee Paying A Deception Service To Provide You A Fake Doctor's Note Or FMLA Certification?

by Franczek Radelet P.C. on

Have you ever suspected that your employee has given you an excuse too rehearsed or provided a doctor's note a bit too slick in support of their leave of absence?...more

The Conflicting Rules on Employee Data Theft

by Nick Akerman on

In all jurisdictions the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, the federal computer crime statute, applies to former employees who steal data from the company computer, but in two federal circuits it does not...more

UK Government Announces Proposals to Reform TUPE

by King & Spalding on

The UK Government has published its proposals to amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), which implemented the Acquired Rights Directive in the UK. The consultation process...more

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