Employer Liability Issues

News & Analysis as of

Employers Should Review Their Drug Testing Policies To Avoid Possible OSHA Penalties

Effective November 1, 2016, employers now face several new requirements from OSHA relating to injury and illness reporting. Among other requirements that went into effect, employers should now post OSHA’s “It’s the Law”...more

Legal issues for those running construction businesses

Insolvency issues - A review of the corporate insolvency regime: our Insolvency team recently responded to the government consultation on options for reform of the UK's corporate insolvency regime. It wants the UK to...more

Employers Take Note: Employment Applications Must Comply With "Ban the Box" Legislation by January 1, 2017

If you have not already done your “Ban the Box” revisions to your initial employment application paperwork there is still time, but do not delay! Effective January 1, 2017 Connecticut prohibits employers from asking about a...more

EEOC Issues New Guidelines on National Origin Discrimination

The Equal Employment Opportunity Commission (EEOC) revised on Nov. 21, 2016, its enforcement guidance with respect to national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC and...more

EEOC Issues New Enforcement Guidance On National Origin Discrimination

On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may speculate whether this has...more

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

White House Calls for Restrictions to Curb Non-Compete Agreements

The White House has issued new information about its policy position on non-competes, including a call to action from President Obama to state and federal lawmakers to curb and limit non-compete agreements. ...more

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

Employers Need To Be Aware Of Potential Pitfalls Of Providing Opt-Out Incentives To Company Health Insurance

In recent proposed regulations, the Internal Revenue Service (IRS) addressed how the Affordable Care Act (ACA) impacts the use of employer opt-out incentives, which are payments to employees who decline an employer’s group...more

NYC Employment News: First-of-Its-Kind Freelance Rights Bill Becomes Law

As the gig economy continues to surge throughout the United States, New York City has emerged as one of the first municipalities to protect freelance workers. The New York City Council recently passed the Freelance Isn’t Free...more

401(k) Plan Fee Litigation Update

The wave of fee litigation is ongoing and has significantly increased the responsibility of 401(k) plan fiduciaries to follow well documented, prudent processes to monitor 401(k) plan fees and expenses....more

Revised OSHA Fall Protection Standard Imposes New Obligations on Employers

OSHA recently published a long-anticipated final rule amending its existing Walking-Working Surfaces and Personal Protective Equipment (PPE) standards. The rule, which applies to general industry, seeks to improve worker...more

New requirement for public sector workers to speak fluent English

From 21 November 2016, public bodies are under a duty to ensure that staff in customer-facing roles can speak fluent English (or Welsh, in Wales). The government intends to use this development to ensure that the relevant...more

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based...more

OSHA Anti-Retaliation Rule Will Take Effect December 1

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule...more

Surviving The Holiday Party Season: An Employer’s Quick Reference Guide

As 2016 winds down, we are entering into the prime season for holiday gatherings. Based on a recent study by the Society for Human Resource Management, approximately 65% of employers plan to host a holiday or end-of-year...more

EEOC Issues Enforcement Guidance on National Origin Discrimination

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC...more

EMPLOYMENT LAW UPDATE: The U.S. Citizenship and Immigration Services Released the Revised I-9

On Nov. 14, U.S. Citizenship and Immigration Services released a revised version of Form I-9, Employment Eligibility Verification form, https://www.uscis.gov/i-9. Employers may continue using Form I-9 with a revision date of...more

USCIS Rule Expands Work Card Authorization All Employers Must Accept

In finalizing a regulation focused on eligibility of workers being sponsored by employers for various temporary and permanent visas, USCIS has established some rules that affect all employers, even those not sponsoring...more

Breaking: OSHA Reasonable Reporting Procedure Rule Is NOT Enjoined!

Which means the rule will be enforced starting day after tomorrow, December 1. Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had...more

EEOC Issues New Enforcement Guidance on National Origin Discrimination

On November 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance on National Origin Discrimination (Guidance). The EEOC also issued a Questions and Answers document and a Small Business...more

OSHA’s “Perp Walks” for the Week of November 21st

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency...more

EEOC Issues Guidance on National Origin Discrimination

Perhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on...more

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This...more

EEOC Releases New Guidance on National Origin Discrimination

The Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on national origin discrimination, which serves as a timely reminder of the law and the EEOC's continued focus in this area in the wake of an...more

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