Employer Liability Issues

News & Analysis as of

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more

Illinois Extends Sexual Harassment Protection to Unpaid Interns

Further extending the Illinois Human Rights Act’s already expansive protection of victims of sexual harassment, Illinois Governor Pat Quinn last month signed into law a bill amending the Act to protect unpaid interns against...more

The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)

It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that...more

ERISA Fiduciary Obligations: More on Application to Life Insurance Coverage

This article examines the case of Biller v. Prudential Insurance, in which the U.S. District Court for the Northern District of Georgia denied a motion to dismiss a claim brought against an employer by the beneficiaries of a...more

Four steps to manage your whistleblower complaints

How do you manage your whistleblower complaints? Getting employees to speak up when they see signs of wrongdoing is hard. Many employees struggle with initially "taking the plunge" (because that's how it may feel) for...more

AB 1522 Requires California Employers to Update Paid Sick Leave Policies

On September 10, 2014, Governor Brown signed AB 1522 into law (the “Healthy Workplaces, Healthy Families Act of 2014”). The new law requires many California employers to provide paid sick leave benefits to their employees....more

England and Wales: Early Conciliation - What Is It and Why Does It Matter?

The new rules on early conciliation will be seen by some as another obstacle in the path of the poor put upon litigant employees and by others as a sensible way to encourage employers and employees to try to resolve disputes...more

New OSHA Rule Changes Employers' Injury/Illness Reporting Requirements

On September 11, 2014, OSHA issued a final rule regarding employers' recordkeeping and reporting of occupational injuries/illnesses. The final rule takes effect on January 1, 2015, and includes a few changes from current...more

Trends in New Jersey Employment Law - September 2014

Third Circuit Renders Important Decisions on FMLA and FLSA - In recent weeks, the U.S. Court of Appeals for the Third Circuit rendered a trio of significant employment law decisions....more

OSHA Announces Final Rule Increasing Employers’ Injury Reporting Obligations

Yesterday OSHA announced a new final rule, effective January 1, 2015, that will increase the obligation of employers to report injuries to OSHA. Currently, federal OSHA requires that employers report work-related fatalities...more

EEOC Sues McLeod Health for Disability Discrimination

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations And Fired Her in Violation of Federal Law, Federal Agency Charges - FLORENCE, S.C. - McLeod Health, Inc., a South Carolina regional...more

California to Mandate Paid Sick Leave

On September 10, California Governor Jerry Brown signed bill A.B. 1522—officially known as the Healthy Workplaces, Healthy Families Act of 2014—requiring California employers to provide employees with at least three paid sick...more

A Strange Case of Sexual Harassment

In a lawsuit currently pending in the Superior Court, an employee is accusing her supervisor of...more

Governor Signs Paid Sick Leave Law Bill Applicable to Public & Private Employers

New Law Goes Into Effect July 1, 2015 - Yesterday, Gov. Jerry Brown signed the “Healthy Workplaces, Healthy Families Act of 2014” (AB 1522 - Gonzalez). As of July 1, 2015, the new law requires both public and private...more

Employment Law Summer Recap 2014: Part 1 of 11 – FedEx sings Nico & Vinz’s “Am I Wrong”…to Classify Our Drivers as Independent...

Am I wrong for thinking out the box from where I stay? Am I wrong for saying that I choose another way? Those are the opening lyrics to Nico & Vinz’s (catchy would be an understatement) summertime hit...more

Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

Americans’ use of prescription painkillers, anti-anxiety medications and other drugs with psychotropic effects has exploded over the past decade. Many of these medications include warnings for persons who take them with...more

NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

Don't Miss the Deadline to File EEO-1 Reports!

September 30 is the deadline to file the EEO-1 Report, formally known as the Employer Information Report EEO-1. The Reports are filed with the EEOC’s EEO-1 Joint Reporting Committee, and they are used, according to the EEOC,...more

Misclassification of Employees As Independent Contractors In the News

Media outlets throughout the country have recently reported that it appears there was little to no oversight to ensure contractors, which were working on projects receiving federal stimulus money, were not misclassifying...more

French High Court Rules on Parent Companies’ Liability to Subsidiaries’ Employees

The court provides guidance on liability if a subsidiary goes bankrupt because of the misconduct and careless management of its parent company....more

Does Your Company’s “Inadequate Compliance Program” Violate Securities Laws?

In a recent matter before the SEC, settlement of an FCPA claim with Smith & Wesson has raised some worrisome new issues for compliance officers. This settlement is noteworthy for two reasons: 1. Small and mid-sized...more

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

JOINT EMPLOYER: When is a company considered the employer of another company’s employees?

During the last several months, a number of government agencies and courts have taken the position that a company can be considered the employer of another company’s employees for purposes of employment law obligations. Most...more

September and October 2014 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

Illinois lawmakers considering change to workers’ compensation for paramedics

As emergency medical service providers, paramedics in Illinois face numerous hazards in the workplace on a daily basis. The Centers for Disease Control and Prevention reported that in 2011, the most recent year that...more

2,040 Results
|
View per page
Page: of 82