Employer Liability Issues

News & Analysis as of

NJ “Ban the Box” Law Takes Effect, “Draft Rule” Proposed

New Jersey’s so-called “ban the box” law took effect on March 1, preventing most employers in the State from asking about a prospective employee’s criminal history on the initial job application and until after the first...more

New 'Digest of EEO Law' Issued by EEOC

Includes Key Federal Sector Decisions, Special Article on Harassment - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced that the latest edition of its federal sector Digest of Equal...more

UPDATE-Second Bite of Apple, Court Approves $415 million High-Tech Giants Wage-Fixing Settlement

As discussed in my initial blog post on the topic, Google, Apple, Intel and Adobe stand accused of conspiring not to poach one another’s employees in order to keep wages down. And as discussed in my update, the Court rejected...more

Federal Wage Claims? That's The Easy Part!

Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more

NC Court of Appeals Sets New Precedent for Employers

Yesterday, in a precedent setting opinion, Gonzalez v. Tidy Maids, Inc. et al., the North Carolina Court of Appeals held that when an employer has accepted a claim for benefits by filing a Form 63 and fails to contest the...more

Recent Illinois Federal Court Rulings Cloud Fifield’s Bright-Line Test

Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule established by the Illinois...more

Employment Law in Switzerland: Part III

This article is the third in a series which will provide an introduction to employment law in Switzerland and will cover the basic laws applicable to prohibitions against discrimination and harassment and the remedies...more

NLRB Tightens Arbitration Deferral Standards

The National Labor Relations Board (“Board” or “NLRB”) has long limited its involvement in disputes between employers and unions concerning labor agreements that provide for binding arbitration where the disputes involve...more

OFCCP's Final Rule Prohibiting LGBT Discrimination by Federal Contractors Takes Effect April 8, 2015

The OFCCP's final rule implementing President Obama's Executive Order (EO 13672) prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity takes effect April 8, 2015. ...more

February 2015 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are a set of cases reported in February dealing with class action IC misclassification claims: the highest court in a key state agreeing to decide whether a worker-friendly test should be...more

Bus Driver’s Aneurysm Found Compensable

The South Carolina Court of Appeals issued an opinion on February 18, 2015, wherein it found a bus driver’s death due to an aneurysm compensable and the driver’s common-law wife entitled to benefits. ...more

Mexico’s New Safety and Health Regulations for Storing and Handling Materials to Take Effect

On March 11, 2015, the NOM-006-STPS-2014 (Official Standard), which contains new regulations that protect the health and safety of employees who are engaged in activities related to the storage and handling of materials, will...more

How New Marijuana Laws Will Impact the Hospitality Industry

On Feb. 10, 2015, Bill Berger and Matt Arentsen led a roundtable discussion at the Hospitality Law Conference in Houston, Texas. Speakers and attendees at the conference represented a broad spectrum of hospitality industry...more

Limiting Off-Duty Access To The Hotel

Many hospitality employers are surprised to learn that employees have a right under federal labor law to access the exterior, nonworking areas of the hotel property in their off-duty hours for union or other protected...more

Another Exception to Employment At-Will

Virginia is known as a stalwart adherent to the doctrine of employment at-will. The courts in Virginia have long recognized that the employment relationship is for an indefinite term and may be terminated for any reason or...more

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

FCPA Compliance and Ethics Report-Episode 137, interview with Loren Steffy [Video]

In this episode I visit with Loren Steffy, former business columnist from the Houston Chronicle. ...more

E-Discovery — If not transparency, how about translucency?

Florida is sunny and a great place to live or work; but we can be a little slow to except new things. Florida Rules of Civil Procedure were amended a couple of years ago to include at least the mention of electronic...more

Illinois worker still eligible for workers’ compensation after fired for theft

Disabling accidents are tragically common among warehouse workers in Illinois. According to the Bureau of Labor Statistics, more than 5 percent of full-time warehouse employees suffer a serious workplace injury every year....more

‘Guns in Trunks’ and Franchisor Liability Highlight Proposed Tennessee Employment Law Changes

Barring the firing of an employee for legally bringing a firearm to work and liability protection for franchisors highlight the employment law proposals on the Tennessee legislature’s agenda for this year. ...more

Testing the “Joint Employer” Waters

PK Law recently reported on the filing of a complaint by the General Counsel for the National Labor Relations Board (“NLRB”) against McDonald’s Corporation to the effect that McDonald’s was a “joint employer” with its...more

Domestic Violence and the Workplace: Mitigating the Risks

On February 5, just after the lunch hour at the University of South Carolina in Columbia, the ex-wife of a popular public health professor entered the campus office where the professor conducted cancer research and shot him...more

Potential Shareholder Liability Arising From Subsidiary WARN Act Violations

When a company begins experiencing financial difficulty, shareholders often ask whether they may be liable under the Federal Worker Adjustment and Retraining Notification (“WARN”) Act for violations by the company. When the...more

Should You Check a Job Applicant’s Social Media Posts?

Employers are wondering whether browsing public social media sites to learn more about a job applicant is worth the potential risks. A CareerBuilder survey found that 39% of employers use social networking sites to research...more

DOL Wage and Hour Division Announces Fiscal Year 2014 Recovery of $240 Million From Employers

Last week, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil, who we have profiled in the past, announced on the DOL’s blog that WHD recovered more than $240 million dollars from employers on...more

3,421 Results
|
View per page
Page: of 137