Employer Liability Issues

News & Analysis as of

Barflies or Worker Bees: Alcohol at Work, What’s the Deal?

Seyfarth Synopsis: Is the glass half full (of perks) or half empty (with liabilities) for employers who serve alcohol in the workplace? Various California laws implicate the practice of providing alcohol for employees at...more

Take a Seat (if Reasonable): The California Supreme Court “Clarifies” Employee Seating Requirements

In April, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court weighed in, at the request of the Ninth Circuit, on elements of two California Wage Orders that have, until now, received relatively little notice, and...more

New OSHA rules on drug-testing, retaliation claims, and accident reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

Five Key Issues Facing Employers in the Hospitality Industry

Hospitality employers, like employers in many other service-related industries, are challenged by having to persistently focus on staying competitive and increasing profits in oversaturated markets. However, focusing on these...more

Avoid Common Mistakes When Creating Commission and Bonus Plans

Commissions and bonuses represent a significant component of the compensation packages of many employees. California Labor Code section 2751 requires commission agreements to be set forth in writing, and requires employers to...more

Here's a tip: Don't skim from employee tips

Hospitality industry employers take note: If you claim a “tip credit” toward the minimum wage for any of your employees, you need to make sure that all tips are properly distributed to employees. A recent case from the Fifth...more

OSHA Announces New Enforcement Program for Whistleblower Cases

The “pilot” Severe Violator Enforcement Program will impose more stringent inspection procedures, enhanced settlement provisions, and “public scrutiny” for employers that OSHA deems to have engaged in “egregious behavior and...more

OSHA Increasing Fines for Violations

Penalties assessed against employers for OSHA workplace health and safety violations will be adjusted for inflation under a law passed by Congress. On Nov. 2, 2015, Congress passed the Bipartisan Budget Act of 2015,...more

Obama administration announces new sex discrimination guidelines for federal contractors

On June 14, 2016, the US Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a final rule updating the sex discrimination guidelines governing federal contractors for the first time in 40...more

D.C. and Maryland Set to Increase Minimum Wage on July 1, 2016

As of July 1, both Maryland’s and the District of Columbia will increase the minimum wage. Maryland’s minimum wage will increase to $8.75 per hour while the District of Columbia’s will increase to $11.50 per hour. Employers...more

Philadelphia Limits Employer Use of Credit Information

Beginning July 7, 2016, employers in Philadelphia may not consider credit history or other credit-related information for job-related decisions for many non-managerial jobs. This change stems from an amendment to the Fair...more

Learning from Orlando: addressing potentially violent employees

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent...more

New Law May Create Coverage for Wage and Hour Claims

Employers continue to face a wave of lawsuits alleging violations of various “wage and hour” statutes (overtime pay, meal and rest breaks, etc.). Employment liability insurers have uniformly denied coverage for these claims...more

Enactment of Los Angeles and San Diego Minimum Wage and Paid Sick Leave Ordinances Requires Employers to Reassess Their Policies

The cities of Los Angeles and San Diego recently approved minimum wage and sick leave ordinances that will apply to all employees who work within those cities’ geographical limits. Employers with employees who work in these...more

San Diego Voters Enact Paid Sick Leave, Higher Minimum Wage

Seyfarth Synopsis: After hitting some major roadblocks, the San Diego Earned Sick Leave and Minimum Wage Ordinance has now been enacted. The Ordinance is to take effect this summer, most likely by the end of July. The...more

EEOC Issues Sample Wellness Program Notice

The Equal Employment Opportunity Commission (EEOC) recently posted on its website a sample employee notice to help employers with wellness programs comply with the agency's recently issued final rule under the Americans with...more

Employers Should Evaluate Safety Incentive Programs and Drug Testing Policies in Light of New OSHA Rule

The Occupational Safety and Health Administration (OSHA) recently published a final rule revising its recordkeeping and reporting regulation to specifically state that employer policies for reporting workplace injuries and...more

Philadelphia Becomes the First Jurisdiction in 2016 to Restrict Employers from Using Credit Information in Employment Decisions

On June 7, 2016, Philadelphia Mayor Jim Kenney signed a bill to make it unlawful, with limited exceptions, for employers to procure or use an applicant’s or employee’s credit history for employment purposes. Philadelphia...more

Limiting Liability: Incentives and Benefits on Termination of Employment

You’ve terminated an employee without cause, what do you owe them? It may be more than you think. As a starting position, employees are entitled to compensation for what they would have earned during a reasonable period...more

OSHA Takes Hard Stance Against Automatic Post-Injury Drug Testing Policies - Employers Have Until August 10, 2016 to Comply

Under the Occupation Safety and Health Administration's (OSHA) new rule to Improve Tracking of Workplace Injuries and Illnesses, many employers risk citation by OSHA for post-injury drug testing policies that were once...more

Updating Your Employee Handbook for 2016

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

Courts Consider New Definition Of “Sex” Discrimination – What It Means For Pennsylvania Employers

Can employees in Western Pennsylvania sue their employer for sexual orientation discrimination under federal law? Right now, the answer is no – but that may be changing soon. In a landmark case called EEOC v. Scott...more

OFCCP’s New Sex Discrimination Regulations Impose a Few New Obligations on Employers

The Final Rule on Sex Discrimination from the Office of Federal Contract Compliance Programs recognizes the expanding interpretation of “because of sex” as a basis for discrimination, but does not impose on federal...more

What Employers Need to Know About the New State Garnishment Laws, Part I: Michigan and Georgia

The requirements and processes applicable to employers handling garnishments are primarily governed by state laws. Therefore, in addition to the federal Consumer Credit Protection Act (CCPA), multistate employers need to be...more

Please, Take Your Time: NJ Supreme Court Voids Contracts That Limit Workers’ Time to Sue

On June 15, 2016, the New Jersey Supreme Court issued its long-awaited decision in Sergio Rodriguez v. Raymours Furniture Company, Inc., in which it addressed whether the two-year statute of limitations under the New Jersey...more

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