Employer Liability Issues

News & Analysis as of

Connecticut’s Ban-the-Box Legislation Becomes Law: Have You Revised Your Company’s Job Application?

On June 1, 2016, Connecticut Governor Dannel Malloy signed into law Public Act No. 16-83, entitled “An Act Concerning Fair Chance Employment” (the “Act”). The lynchpin of the Act is that it prohibits an employer from...more

High Speed Hiring: The Importance of Anti-Discrimination Practices in Online Employment Advertising

There are currently more than 1 billion websites accessible to the world by just the click of a mouse or the swipe of a phone screen. The Internet has become a major part of more than 3 billion active users everyday lives,...more

Private Attorney General Act Amendment Permits More Government Oversight of Claims

Buried in an appropriations bill designed to address no fewer than 42 separate issues is a small, but important item for California employers. In response to requests for legislative restrictions on the Private Attorneys...more

Political discrimination and accommodation in the workplace

The British Columbia Human Rights Code prohibits discrimination against employees because of their political beliefs. At the same time, employees are bound by the duty of loyalty to their employers. What happens, then, when...more

Supreme Court of Canada Holds Private Federal Employers Must Have Just Cause to Dismiss Non-Managerial Employees

Part III of the Canada Labour Code (the “Code”) contains unjust dismissal provisions that apply to private Canadian employers subject to federal jurisdiction. Where a complaint of unjust dismissal is filed by a dismissed...more

French Labor Court Holds: Look The Other Way And Pay

France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more

Pokémon No! A Strategy Guide on Handling the Latest Smartphone Craze in the Workplace

Although Pokémon Go is only 21 days young, over 30 million users have downloaded and played the augmented reality game on their smartphones. In the latest release of the pocket monster franchise, your mission is to capture...more

Did You Know...The Qyburnian Resurrection of the Jiffy June Standard: The New Battle of Cash-in-Lieu and the Reasonable Rate of...

In a case of first impression, the Ninth Circuit held in Flores v. City of San Gabriel that an employer was liable to a class of employees for failing to include cash-in-lieu of benefits payments in its calculation of the...more

FLSA Compliance For Franchises…and the Joint Employer Tightrope

In May, the long awaited Department of Labor’s revisions to the FLSA’s white collar exemption rules were published and have many employers, including franchisors, concerned with compliance. John Skelton, a partner in our...more

Nabors Industries and C&J Energy Services Sued By EEOC for Racial Harassment and Retaliation

Oilfield Services Company Subjected Black Employees to Slurs and Mistreatment and Then Fired Employees for Reporting the Discrimination, Federal Agency Charged - SAN ANTONIO, Texas - Bermuda-based oilfield services...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

Sealed Air Sued By EEOC for Sex-Based Pay and National Origin Discrimination

Federal Agency Charges Sealed Air Corp., d/b/a Kevothermal LLC, Paid Female Production Supervisor Less Than Male, Imposed Language Restriction - Albuquerque, NM. -Sealed Air Corporation, a protective packaging business,...more

Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more

U.S. Court in Louisiana Remands Advance Stores Co. Data Breach Class Action to State Court

In a case with a familiar fact pattern, the United States District Court for the Eastern District of Louisiana refused to find that permitting Plaintiff to proceed in Louisiana state court was “futile” on Article III standing...more

OSHA Delays Enforcement of Portions of New Recordkeeping Rules

In response to employer complaints and a new federal lawsuit, on July 13, the federal Occupational Safety and Health Administration announced a delay in enforcement of the non-retaliation portions of its new injury and...more

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Question: There has been a lot of news coverage lately on restroom policies related to transgender employees. Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of...more

Medical Marijuana In The Workplace [Video]

In this video podcast, McNees Attorney Denise Elliott discusses medical marijuana’s impact on the workplace....more

New OSHA Rule May Require Employers to Update Drug-Testing Policies

The Occupational Safety and Health Administration’s (OSHA) new reporting rule goes into effect August 10, 2016. Although it does not expressly address post-accident drug testing, OSHA’s commentary related to the new rule...more

How a Tight Fit Creates Lethal Dangers

Plumbers, electricians, cleaning technicians, and other professionals are often required to work in confined spaces. This presents a number of dangers such as becoming trapped, being seriously injured by equipment, or being...more

Client Alert - FMLA Employer Guide and Workers' Compensation Rate Increase

Helpful FMLA Resource for Employers - The U.S. Department of Labor recently published a new guide for employers covered by the Family and Medical Leave Act (FMLA) titled The Employer’s Guide to the Family and Medical...more

Going For the Gold: How To Legally Recruit The Best Candidates

This summer the world’s greatest athletes are competing for Olympic gold. In order to win, these athletes must follow a strict set of rules to prevent deductions and disqualifications. When employers compete for the best...more

New York Establishes a Super IC Misclassification-Plus Task Force

Yesterday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing Joint Enforcement Task Force on Employee Misclassification into a Joint Enforcement Task Force on Worker Exploitation and...more

Fairness and Employee Motivation

A positively motivated workforce is the linchpin of organizational effectiveness and efficiency. This is why employment motivation attracts considerable attention from management scholars and practitioners alike. Motivation...more

When is Aberrant Workplace Behavior Sufficient to Justify Termination?

Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more

End of The Employment Road? Tips To Avoid a Collision

Seyfarth Synopsis: When the decision is to terminate, getting the basics right can go a long way toward preventing claims down the road by departing employees. Inevitably, at some point, every employment relationship...more

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