News & Analysis as of

Employer Liability Issues

Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread....more

Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination Ordinance

Last month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally...more

Deeper Dive into Statistics Confirm Rise in Sex Harassment Cases...With Some Caveats

by Shipman & Goodwin LLP on

So a few weeks back, I suggested that we were entering into a new era of sexual harassment cases and wondered out loud when the statistics would back up my observations. We now have our first signs. Maybe....more

California Implements Significant Changes in the Employment Application Process, Employee Training, and Protected Leaves

by Stoel Rives LLP on

On October 12, 2017, California Governor Jerry Brown signed several bills regulating a wide range of employer actions, everything from the labeling of cleaning fluids to the employment application process. While compliance...more

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

by Littler on

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more...more

The Higher They Are, The Harder You Fall

by Littler on

You don’t need to be a cable news network, a Hollywood production company, a media mogul or a politician in order to feel the ripple effect from the recent wave of workplace sexual harassment claims. While such harassment...more

Deeper Dive into Statistics Confirm Rise in Sex Harassment Cases...With Some Caveats

by Shipman & Goodwin LLP on

So a few weeks back, I suggested that we were entering into a new era of sexual harassment cases and wondered out loud when the statistics would back up my observations. We now have our first signs. Maybe....more

New Law Governs Immigrant Worksite Enforcement Actions in California

by Littler on

On October 5, 2017, California Governor Jerry Brown signed into law Assembly Bill 450 (“AB 450”), imposing new requirements for public and private employers regarding immigration worksite enforcement actions by Immigration...more

General Contractors Now Liable In Private Construction For Wage And Fringe Benefit Liabilities Of Subcontractors

by Weintraub Tobin on

On October 14, 2017, California Governor Jerry Brown signed AB 1701. This law imposes liability on general contractors for wage and fringe benefit liabilities of its subcontractors. This law applies to all contracts entered...more

Washington's New Biometric Privacy Statute and How It Compares to Illinois and Texas Law

by Alston & Bird on

Washington recently became the third state to pass a statute regulating the commercial use of biometric identifiers. The growing trend of state biometric privacy legislation began in 2008, when Illinois enacted the Bio-metric...more

Harvey Weinstein Case Brings Sexual Harassment Back to the Spotlight

by Cozen O'Connor on

The Harvey Weinstein case has brought a spotlight to a problem that has plagued not only Hollywood but other professions as well. While Corporate America has largely cleaned up its act and instituted robust anti-harassment...more

6 Ways Employers Sink Their Own Ships

It’s not always the employee’s fault when things go bad for an employer. Sometimes the employer has no one to blame but itself. Here are six of the most common ways employers sink their own ships....more

Protected Conduct or Hate Speech? Managing Diverse Viewpoints in the Workplace

by Akerman LLP - HR Defense on

Recent events have underscored the difficulties employers face in managing diverse workforces in which employees hold a wide-range of political perspectives. The mere discussion of the news of the day can create divisive...more

Under Pressure: Form I-9 Compliance Increasingly Important as ICE Quadruples Workplace Enforcement

by Faegre Baker Daniels on

Acting Director of U.S. Immigration and Customs Enforcement (ICE) Thomas Homan announced during a speech at the Heritage Foundation that he has instructed ICE to increase immigration enforcement at workplaces by four to five...more

Florida Increases Its Minimum Wage for 2018

On October 13, 2017, the Florida Department of Economic Opportunity (DEO) announced that, effective January 1, 2018, the minimum wage in the State of Florida will increase from $8.10 per hour to $8.25. This increase is tied...more

California Governor Signs “New Parent Leave Act”

by Weintraub Tobin on

On October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”). Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond...more

Third Circuit Affirms Bright-Line FLSA Rule on Short Breaks, and Rejects Employer’s ‘Good-Faith’ Absent Disclosure of Legal Advice

by Reed Smith on

On October 13, 2017, the Court of Appeals for the Third Circuit held that short breaks during the work day of 20 minutes or fewer are compensable as a “bright-line rule” under the Fair Labor Standards Act (“FLSA”). The case,...more

Developments With the Biometric Information Privacy Act

by McGuireWoods LLP on

Illinois’ stringent Biometric Information Privacy Act (BIPA) has spawned a slew of recent single-plaintiff and class actions with large potential damages. Increasingly, employers use biometric data for timekeeping, security,...more

[Webinar] Long Term Care Employment Issues That Arise in Medical Malpractice Litigation - November 15th, 12:30pm ET

by LeClairRyan on

The long term care industry is highly labor intensive with numerous employment issues that can affect success of malpractice litigation. Join attorneys Nancy Reynolds and Brian Inamine for this complimentary, live one-hour...more

California Governor Signs Ban the Box Law to Go Into Effect in the New Year

On October 14, 2017, the governor of California signed a statewide ban-the-box law that goes into effect on January 1, 2018. For California individuals, the law places statewide limitations on most pre-conditional offer...more

Employment Law Letter - Fall 2017

by Shipman & Goodwin LLP on

Does Substance Abuse Qualify for FMLA? Some may be surprised to find the answer is yes, provided certain criteria are met. However, a federal judge in Connecticut recently issued a decision that shows the FMLA card can’t...more

Paid Family Leave Policies May Not All Be Equal: Starbucks Investors Questioning Differing Application of Paid Family Leave Policy

If your company has a family leave policy that goes beyond the legal requirements of the Family and Medical Leave Act (FMLA), does that policy need to apply to all employee levels equally? No. But as Starbucks is currently...more

What #metoo Means for Employers: Workplace Harassment in the Age of Awareness

This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ ...more

California Bans Salary History Inquiries

by Smith Anderson on

Employers who routinely ask applicants about their salary history should be aware that in a growing number of jurisdictions that practice may be illegal. Last week, California became the fourth state to enact a law...more

When You Don't Train Your Managers About the FMLA, You're Begging for This Kind of Smackdown

by Franczek Radelet P.C. on

When a manager learns that one of his employees is in the hospital, that’s almost always enough information for the employer to have an inkling that the employee may need FMLA leave. ...more

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