Employer Liability Issues

News & Analysis as of

"Make-Up" Time is Attractive to Employees and Employers, but is Easily Misused Creating Risk for the Employer

We wrote recently about "comp time" as an attractive but risky alternative to overtime for non-exempt employees. "Make-up" time falls into the same risky category. Employees often like to make up missed time instead of...more

Appeals Court Affirms Jury Verdict of Over $1.5 Million in EEOC Sexual Harassment and Retaliation Lawsuit Against New Breed...

MEMPHIS, Tenn. - A federal appeals court has upheld a jury verdict of over $1.5 million in the U.S. Equal Employment Opportunity Commission's (EEOC's) lawsuit against a High Point, N.C.-based logistics services provider for...more

California Non-Compete Update: No Re-Hire Provisions May be in Jeopardy, Especially for Large Employers

The Ninth Circuit Court of Appeals recently sent a case back to a district court to revisit its enforcement of a settlement agreement that prohibited an employee from future employment with the employer and any company the...more

A Tip for Employers: Be Aware of How the Department of Labor Interprets Its Regulations

This story applies directly only to the restaurant industry, but it is a cautionary tale for every employer in Connecticut subject to the Department of Labor’s authority to write and interpret its regulations....more

Helmerich & Payne to Pay $59,000 to Settle EEOC Disability Discrimination Suit

Company Made Illegal Medical Inquiries and Violated Confidentiality Requirements, Federal Agency Charged - TULSA, Okla. - Helmerich & Payne, Inc. (H&P), a Tulsa-based drilling contractor, will pay a former employee...more

ADA “Direct Threat” Defense Just Got a Little Easier

The rights and protections afforded to those with disabilities by the Americans with Disabilities Act (“ADA”) are not without limitations. Accommodations for disabled employees must be reasonable, and the employee must still...more

Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith...more

Rinnier Development and Related Companies to Pay $25,000 to Settle EEOC Race Discrimination Lawsuit

Real Estate Management Businesses Underpaid and Refused to Promote Black Assistant Community Manager Because of Her Race, Federal Agency Charged - BALTIMORE - Rinnier Development Company, a commercial and residential...more

Second Circuit Holds that Internal Complaints Suffice Under the FLSA’s Anti-Retaliation Provision

In a unanimous decision, the Second Circuit ruled on April 20 that internal complaints to an employer are protected from retaliation under the Fair Labor Standards Act (FLSA). Employers within the Second Circuit — New York,...more

3 Mind-Blowing Tips For Employers About Sexual Harassment From Cosmo

I don’t care who you are: Somewhere, in a doctor’s waiting room, or a supermarket checkout line, you’ve seen the headlines of Cosmopolitan magazine. But, as luck would have it as an employment lawyer, imagine my...more

Reasonable, Not Perfect, Efforts Required to Avoid Having Constructive Knowledge of an Employee's Disability

What happened? Under the Equality Act 2010, employers are required to make reasonable adjustments where they know, or "ought reasonably to know", that an employee has a disability. This is commonly referred to as actual or...more

Unit Drilling to Pay $400,000 to Settle EEOC Systemic Sex Discrimination Suit

Company Refused to Hire Any Women, Federal Agency Charged - PHOENIX - Unit Drilling Company, a nationwide oil drilling company, will pay $400,000 and furnish other relief to settle a systemic sex discrimination lawsuit...more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued long-awaited proposed regulations addressing what constitutes permissive employer wellness programs. While the EEOC recognizes that many employers...more

Guns in the Trunks: Employees Now Can Sue Their Employers!

It has long been a crime to carry a gun on private property if prohibited by the owner. The enactment two years ago of the so-called "Guns in the Trunks" law changes this long standing law. See Tenn. Code Ann. 39-17-1313....more

Corporate Investigations & White Collar Defense - April 2015

It’s Stifling in Here! SEC Rules That Companies Can’t Put Restrictive Language in Confidentiality Agreements That Could Potentially Stifle Whistleblowers - Why it matters: On April 1, 2015, the SEC announced its...more

California District Court Holds That LinkedIn’s “Reference Searches” Function Not a Consumer Report under the Fair Credit...

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products. The decision in Sweet v....more

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

The NLRB Weighs In on Faculty Unions for Religiously-Affiliated Schools

Back on December 16, 2014 the National Labor Relations Board (“NLRB”), in its Pacific Lutheran University decision, announced a new standard for the exercise of its jurisdiction over religiously-affiliated colleges and...more

Hold Your Fire: Tennessee Bars Employers from Terminating Employees for Complying with ‘Guns-in-Trunks’

Earlier this month, Tennessee Governor Bill Haslam signed a law prohibiting employers from firing employees for complying with the state’s “guns-in-trunks” statute. The new law creates another exception to Tennessee’s...more

The Worthlessness Of The 401(k) Fiduciary Warranty

I am a firm believer in the idea that what you see is what you should get. If you’re promised the moon, anything short of that is wrong. Some of the biggest disappointments in my life is when I was sold a bill of goods that...more

Retail and Fashion Law Trends: What’s ‘‘In’’ for 2015

The retail industry saw a number of significant developments in 2014, many of which were a long time in the making. As courts begin to consider new claims and legislation that arose last year, the industry needs to be aware...more

EEOC Sues McLane Foodservice for Disability Discrimination

Food Supplier Refused to Hire Applicant on the Basis of Disability, Federal Agency Charges - MEMPHIS, Tenn. - McLane Foodservice, Inc., which supplies foodservice deliveries to fast-food chain restaurants, violated...more

Is Your Employee Handbook a Liability Shield or a Welcome Mat? Don't Let the NLRB Be the Center of Attention

Employers, attorneys, and human resource managers are bewildered at the National Labor Relations Board’s (“NLRB”) recent memo issued March 18, 2015. For better or worse (and most employers would say worse), the NLRB’s...more

9th Circuit Determines that California Law Restricts a “No-Rehire” Provision in a Settlement Agreement

Under California law, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” (Bus. & Prof. Code §16600) The prohibition pertains even if the...more

Limited Relief for Certain Employer Health Plan Premium Payments or Reimbursements

Under so-called “employer payment plans” (“EPPs”), an employer pays or reimburses an employee for substantiated premium costs under individual health plan insurance coverage (i.e., nonemployer individual health plan...more

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