Employer Liability Issues

News & Analysis as of

Third Circuit Holds That Successor Liability Exists Under The Fair Labor Standards Act

The Third Circuit Court of Appeals recently held for the first time that a predecessor’s wage-and-hour violations under the Fair Labor Standards Act (FLSA) can result in liability for a successor employer. The Third Circuit’s...more

EEOC Issues New Guidance on Religious Dress and Grooming in the Workplace

The Equal Employment Opportunity Commission (“EEOC”) has recently issued an informal guidance on the issue of religious dress and grooming. The guidance comes in wake of several suits accusing employers of religious...more

Homeland Security Targets Employers’ Immigration Compliance

Investigations and audits of Form I-9 documents by U.S. Immigration and Customs Enforcement (“ICE”) agents are on the rise, and the Obama administration is promising to keep the heat on employers in the coming year. ...more

Ontario’s New Occupational Health and Safety Awareness and Training Regulation: Are You Compliant?

Beginning on July 1, 2014, employers in Ontario will have an added responsibility of ensuring that all workers and all supervisors in all workplaces that fall subject to the Ontario Occupational Health and Safety Act (OHSA)...more

Three Reasons Millennials Need Interactive Compliance Training Courses

Ah, millennials. The “it” generation. Even compliance can’t stop talking about this generation. We’ve written a lot about how ethics and compliance professionals should learn how they think, learn and act because, as this...more

Can Employers Be Liable for Accidents Outside the Workplace?

Can an employee be "worked to death?" According to the family of a nurse, who died in a single-car accident on her way home from work, the answer is yes....more

NLRB Strikes Down “Negativity” Policy

Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union employee handbooks. Last week...more

Arizona Golf Club Liable for Paperwork Violations on Its I-9 Forms

As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted and I-9 violations are discovered, civil fines for simple paperwork violations – even if no...more

Pennsylvania Employers Consider This: Continued Employment Alone Is Not Sufficient Consideration for a Noncompetition Agreement

Pennsylvania remains one of the few states that still require “new” consideration in order for an employer to bind an existing employee to a noncompetition agreement. Not only does the consideration have to be new, it must...more

UK Employment Law and Share Incentive Developments - Spring 2014

Changes to LLP member taxation and employee incentive schemes could have wide ranging implications for UK employers. Background – As always 6 April means a new UK tax year and a raft of employment and...more

Because M&A Due Diligence Was Not Already Complicated Enough…

A recent federal appeals court decision suggests that businesses looking at potential acquisitions or mergers have yet another, relatively new concern to their due diligence list when examining the target business: an...more

OSHA Bulletin: Union Organizing’s 800 Pound Gorilla

The Occupational Safety and Health Act and standards promulgated thereunder allow an employee representative to participate in the filing of complaints, requesting workplace inspections, participating in workplace...more

Missouri Supreme Court Lowers Employees’ Burden Of Proof In Workers’ Compensation Retaliation Claims

The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging...more

Maryland Legislature Approves Ban on Discrimination against Transgender Employees

Maryland is poised to become the 18th state, along with the District of Columbia and Puerto Rico, to protect employees from unlawful discrimination based on gender identity. Both the Maryland House and Senate have approved...more

EEOC Wins Summary Judgment in American Tool & Mold Disability Case

Court Rules Plastic Mold Maker Unlawfully Used Results of Post-Offer Medical Exam, Falsely Regarding New Hire With Old Back Injury as Disabled - TAMPA, Fla. - In an order issued late Wednesday afternoon, a federal...more

Unpaid Employer Contributions as Plan Assets: Expansion Of Liability Under ERISA

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their...more

NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if...more

Advisors have to offer Investment Education

Advisors ask me all the time of the role of education in participant directed 401(k) plans. Participant directed 401(k) plans that are governed under ERISA §404(c) offer the plan sponsors liability protection based on a...more

Fenwick Employment Brief - April 2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

Not Quite An Eye For An Eye – Judge Rules That Employee’s “Kick In The Butt” Excuses Co-Worker’s Punch In The Mouth

Does a “kick in the butt” excuse a punch in the mouth? That was the question facing the Court in the recent case of Li v Furguson, 2013 CanLII 91746 (Ont. Sm. Cl. Ct.). Peng Li and Winston Furguson worked in the...more

Getting Ahead of the Changing Legal Landscape Around Marijuana Use: Avoiding Nine Common Policy Mistakes

Once a policy that typically needed little attention or updating, the legalization of marijuana — even for the limited purpose of medical use — is throwing companies’ drug & alcohol use policies into the spotlight. ...more

Watch What You Say in the Face of Rising Age Discrimination Claims

Between a faltering economy and more workers over the age of 65 remaining in the workforce, age discrimination complaints filed with the Equal Employment Opportunity Commission (EEOC) have risen dramatically, with 43% more...more

Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The...more

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

Deadline for Philadelphia Employers to Post New Notice of Rights for Pregnant Employees is Approaching

This Sunday, April 20, marks the deadline by which Philadelphia employers must provide their employees with written notice of a recent amendment to Philadelphia’s Fair Practices Ordinance. The amendment provides additional...more

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