Employer Liability Issues

News & Analysis as of

Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA. In sum, the...more

LGBT Rights Up in the Air

Changes that may impact LGBT rights in the workplace have employers spinning. This week’s news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to...more

Employment Matters – UK - February 2017

New Cases Highlighting When "Gig Economy" Workers Are Entitled to Employment Rights - The "gig economy" is characterised by work performed on a short-term/temporary basis, in contrast to more traditional long-term roles....more

Huggers And Massagers Beware: Ninth Circuit Sends Office Hugger Case To Trial

We all know this creepy guy. In some offices, he bear hugs female co-workers. In others, he serves as the office masseuse, casually massaging the shoulders of any seated woman he passes in a conference room....more

Of Public Schools and Private Employers: Trump Reverses Direction on Male, Female and Gender Neutral Restrooms

Employers are caught, once again, between agency pronouncements and White House actions. While President Trump commented on the campaign trail that transgender people should “use the bathroom they feel is appropriate,” he...more

Don't Be Penny Wise and Pound Foolish - Advice for New Employers Regarding Employee Classifications

Entrepreneurs wear many hats, from providing a quality product or service to managing employees. New employers frequently expose themselves to liability when they think that ignorance is a defense that they can use if an...more

A Tale of Attorneys’ Fees

The backdrop is simple: Mistras Group operates a business that evaluates the structural integrity of energy, industrial and public infrastructure. Two plaintiffs brought a class and collective action against Mistras in the...more

Joint Employment: Are Your Subcontractors Leaving You at Risk?

In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more

The Good, The Bad, And The Ugly: A Quick Primer On Proposed California Employment Legislation In 2017

With the February 17 deadline to introduce bills in the California Legislature having come and gone, now is a good opportunity to take stock of what the coming year portends for labor and employment legislation in California....more

General Counsel Permitted to Use Attorney-Client Privileged Information in Whistleblower Retaliation Case

In a recent case, Wadler v. Bio-Rad Laboratories, Inc. case number 3:15-cv-02356 (2016), the federal court in the Northern District of California ruled that the plaintiff and former general counsel of Bio-Rad Laboratories...more

Employing Minors in the Entertainment Industry: A Primer for Employers Doing Business in Canada

Employers that hire minors must comply with a myriad of special rules designed to protect the minor employee from, among other things, dangerous work, exploitation, and abuse. Legislators and courts have gone to great...more

Fair Work Calls Time on Penalties

The Full Bench of the Fair Work Commission has handed down its decision on weekend and public holiday penalty rates in the Hospitality and Retail industries. This is a significant change for employers in only these two...more

Are You Using the New I-9 Form?

As the Trump administration settles in, those of us who counsel employers have cautioned to “expect the unexpected.” Certainly, the last five weeks have brought a bevy of twists and turns. However, one consistent theme from...more

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Retaliation Claim

In one of the first cases to address the standard governing a motion for summary judgment in a Dodd-Frank whistleblower retaliation case, Judge Jed S. Rakoff ruled that two former executives of Vista Outdoor Inc. (the...more

What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal...more

3 Practical Challenges for Employers Created by Legalized Marijuana

When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the...more

Dear Littler: Does an Employer Have to Report Discrepancies Identified in Old I-9 Forms?

Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new...more

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues...more

Oregon Legislature’s Attempt to Protect Pot Users Poses Challenges to Employers

Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use. Employers, on the other...more

Worker status – Pimlico Plumbers case

Pimlico Plumbers engaged Mr Smith as a plumber for around five and a half years. Four months after he suffered a heart attack, Pimlico brought the engagement to an end. Mr Smith issued proceedings in the employment tribunal...more

Appeal Court Revives Class Action against the WSIB

The Ontario Court of Appeal has revived a proposed class action brought by the appellant, Pietro Castrillo, on behalf of a class of injured workers whom he alleges have been wrongfully denied the full extent of benefits to...more

Pre-Employment Background Screening 101 – Mitigate Your Risk

A series of recent class action complaints against employers leads me to write about what employers can do to mitigate risk with respect to their background screening program. I’m talking about pre-employment background...more

Think Before You Call: Contacting Employees On FMLA Leave

How many employers have had this situation arise? An employee requests and receives FMLA leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was...more

Age Discrimination Claims Valid When Both Candidates Over 40

In Irvin v. Ascension Parish School Board, the United States District Court for the Middle District of Louisiana denied Defendant’s motion for summary dismissal of a claim under the Age Discrimination in Employment Act...more

Employers: Don’t Get Trumped by Trump’s Executive Order on Immigration

Last week Emma Grant’s line cook and 25 other undocumented employees at her bar-b-que restaurant Emma Grant’s Bar-B-Que were working the lunch shift when it was raided by Immigration and Customs Enforcement personnel,...more

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