News & Analysis as of

Employer Liability Issues

2017 Manufacturing Employment Law Update

Oregon Equal Pay Act - In June, Governor Brown signed the Oregon Equal Pay Act of 2017. Although many provisions of the Act do not take effect until January 1, 2019, employers should be aware of the changing legal...more

For Any Lawful Reason: Firing an at-will employee under dubious circumstances need not lead to liability if the reason for the...

by Dorsey & Whitney LLP on

A recent decision from the Sixth Circuit Court of Appeals highlights the distinction between firing an employee for personal or politically expedient reasons (which may be entirely legal) and firing an employee because of his...more

Illinois takes the lead on employee privacy: What employers need to know

by Thompson Coburn LLP on

When it comes to employee privacy protection, employees in the United States generally do not have a right to privacy in their workplace. By contrast, members of the European Union recognize employee rights to privacy and...more

ADA Does Not Require Employers to Provide Multi-Month Leave Beyond Expiration of FMLA Leave – Seventh Circuit

by Bryan Cave on

This week the 7th Circuit Court of Appeals issued a decision helpful to employers grappling with whether they must extend an employee’s time off following the expiration of Family and Medical Leave Act (FMLA) leave as a...more

Minimum employment standards: get it right or pay

by DLA Piper on

The topic of immigration – and particularly migrant labour – has recently been broadly canvassed in the media with all the election coverage. In the employment law context, the situation of migrant workers is unfortunately...more

Avoiding Common Errors in Employment Documents: A Checklist

In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the...more

Federal Court: Employer’s Letter To Employees During Pending EEOC Investigation May Constitute Unlawful Retaliation

by Jackson Lewis P.C. on

In EEOC v. Day & Zimmermann NPS, Inc., a federal court in Connecticut found that an employer that sent a letter to employees informing them they might be contacted by the Equal Employment Opportunity Commission (“EEOC”) may...more

I-15 – Turning the Table: An Interview with the Podcast Host on Protected Employee Activity

by Cozen O'Connor on

This episode replays an interview of the podcast host, Mike Schmidt, that was originally aired on SiriusXM Channel 111, The Business Channel. Mike discusses the nature of adverse actions taken by employers due to employee...more

Three “Job Killer” Bills Sent To Governor

by Fox Rothschild LLP on

The California Legislature has completed its work for this session, and three bills concerning employment issues survived the process and have been sent to Governor Brown for his consideration and possible signature. All...more

EEOC Sues IHOP Chain for Sexual Harassment and Retaliation

Chain of Franchises Subjected Employees to Sexual Harassment and Retaliation, Federal Agency Charges - LAS VEGAS, Nev. - Several franchisees of the popular IHOP restaurant chain in Nevada and New York violated federal law...more

EEOC Sues Rosebud Restaurants for Sexual Harassment and Retaliation

Server Was Sexually Harassed and Fired After Complaining About Harassment and Racial Slurs Against African-Americans, Federal Agency Alleges - CHICAGO - Chicago company Rosebud Restaurants violated federal civil rights...more

EEOC Alleges Wood Group Refused to Hire Worker Because of His Disability

Global Offshore Company Refused to Hire Offshore Worker Because of Diabetes, Federal Agency Charged - NEW ORLEANS - Wood Group PSN, Inc., a global company which provides operations and maintenance to the oil,...more

EEOC Sues Driven Fence for Race Harassment

Melrose Park Company Created a Hostile Work Environment, Including a Noose Display, Federal Agency Charges - CHICAGO - Driven Fence, a Melrose Park fence installation company, created a hostile work environment consisting...more

How to Craft an Employee Handbook Outside the United States or Whether to Issue One at All

by Littler on

Most all major U.S. employers, and many smaller ones, have issued and periodically update employee handbooks—staff guides explaining how the organization’s particular workplace works. U.S. human resources experts almost...more

OSHA Grants Brief Reprieve on Silica Enforcement

by Sherman & Howard L.L.C. on

On September 20, 2017, OSHA’s Acting Deputy Assistant Secretary issued a memorandum to Regional Administrators on the new Respirable Crystalline Silica in Construction Standard, which becomes effective September 23, 2017. In...more

Litigation Issues Arising from M&A Transactions - Don't Cut Corners: How Legal Shortcuts May Come Back to Haunt You Later

by Bryan Cave on

On September 20, San Francisco Partner Meryl Macklin and Los Angeles Partner Katherine Ashton hosted a webinar on the litigation issues arising from M&A transactions and how legal shortcuts could come back to haunt...more

The ADA Is Not a Medical Leave Entitlement, Seventh Circuit Declares

Today’s employers must run their businesses within the competitive environment in which they operate while affording employees an ever-increasing array of leaves. Yet, running a business without a full complement of employees...more

Eleventh Circuit Says PDA May Require Accommodation of Breastfeeding Needs

For years, federal courts have held that pregnancy and sex discrimination laws do not require employers to affirmatively accommodate breastfeeding by employees. However, a recent line of cases has blurred this conclusion,...more

Accountant and Attorney Liability NewsBrief - Fall 2017

by LeClairRyan on

Our attorneys have published the Fall 2017 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief. In this issue: - Supreme Court Limits SEC Disgorgement to Five Years - Revised Form I-9 Released:...more

9th Circuit to Reconsider Employer Use of Salary History During Hiring

by McGuireWoods LLP on

On Aug. 29, 2017, the U.S. Circuit Court of Appeals for the 9th Circuit announced it will reconsider en banc whether employer use of salary history to determine an applicant’s compensation as a new hire violates the federal...more

Employees In California? If So, These Are The Employment Bills To Watch

by Jackson Lewis P.C. on

With the flurry of action by California lawmakers in the final weeks of the legislative session, there are approximately 640 bills waiting for action by California Governor, Jerry Brown. Here is a list of legislation which...more

An Often Overlooked Tool In Workplace Safety Prevention: The Near-Miss Investigation

by Cozen O'Connor on

OSHA defines a “near miss” as an incident in which no property was damaged and no personal injury was sustained, but where, given a slight shift in time or position, damage or injury easily could have occurred. Put simply,...more

Washington Employers: Prepare To Face New Workplace Laws

by Fisher Phillips on

The past year has brought multiple new workplace laws that will require employers in Washington to change several key policies and procedures. Below is an update that provides a general overview to help you prepare for these...more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

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