Employer Liability Issues

News & Analysis as of

Five Ways to Survive a Department of Labor (“DOL”) Health and Welfare Plan Investigation

DOL health and welfare plan investigations are on the rise. There are best practices for plans chosen for investigation: 1. Get Employee Benefits Counsel Involved Early. The DOL investigation process generally...more

EEOC Issues Strong Reminder to Employers About Their Obligation to Provide Accommodation Under the ADA

In theory, employers are all generally familiar with the “interactive process” and the need to provide disabled employees with reasonable accommodation absent undue hardship. But in practice are employers actually complying...more

SCOTUS Gives Boost To Employee Constructive Discharge Claims

In a 7-1 decision, the U.S. Supreme Court ruled today that the statute of limitations for Title VII constructive discharge claim begins on the date of the employee’s notice of resignation, not on the date of the last alleged...more

OSHA’s New Electronic Recordkeeping Rule Creates a Minefield for Employers

On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published its long-awaited electronic recordkeeping rule (“final rule”). The final rule creates numerous new recordkeeping obligations and additional...more

Five New Challenges Facing Retail Employers

This issue of Take 5 is devoted to recent laws and court rulings that have particular significance for retailers. These five short articles address fundamental changes to policies and practices in the retail workplace,...more

The New FLSA Regulations: Impact Will Be More Than Just Higher Salaries for Exempt Employees

As has been widely publicized in the press, on May 18, 2016, the U.S. Department of Labor (“DOL”) released the final rule updating the regulations regarding the white collar exemptions from overtime compensation under the...more

Constructive Discharge: Supreme Court Sets the Clock in Employees’ Favor

On May 23, 2016, the Supreme Court of the United States ruled that the filing period for constructive discharge claims, which can be filed pursuant to many different employment laws, begins to run upon an employee’s...more

Five Reasons Why Employees Talk to Lawyers

“Why am I getting sued?” is a common question we get from our employer clients when faced with what they perceive as a frivolous lawsuit brought by a ne’er-do-well former employee out for a quick buck or a pound of flesh. The...more

OSHA Changes to Recordkeeping Rules Will Make Injury and Illness Data Public; Restricts Post-Incident Drug Testing and Safety...

Claiming that it will “nudge” employers to focus on safety, the Occupational Safety and Health Administration (OSHA) has issued a final rule which updates the way it collects, and employers report, workplace injury and...more

Spouses in the Workplace: Allow or Prohibit?

Employers often face the issue of whether to allow spouses or other family members to work together. Regardless the side the employer falls on, there is potential liability lurking....more

Federal Defend Trade Secrets Act Takes Effect

Employers Should Immediately Revise Confidentiality Agreements to Comply - The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade...more

The Notice Provision of the Defend Trade Secrets Act (DTSA): What Employers Must Do Now

The Defend Trade Secrets Act (DTSA), which became effective on May 11, extends federal civil protection to trade secrets and allows companies and individuals to file private lawsuits to remedy a wrongful taking of their trade...more

OSHA To Require Public Disclosure of Workplace Injuries and Illnesses

OSHA recently announced a final rule to improve tracking of workplace injuries and illnesses. Under the new rule, employers will be required to submit injury and illness data to OSHA on an annual basis for posting on OSHA’s...more

Employers Need to Develop an Action Plan to Deal With Workplace Violence

If the recent and tragic shootings at an office holiday party in San Bernardino, California, and at a lawn care company in Kansas have taught us anything, it is that these unfortunate incidents of workplace violence are...more

Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers...

Relying on its precedent, the First Circuit Court of Appeals held for the second time this year that the Federal Aviation Administrative Authorization Act of 1994 (“FAAAA”) preempts application of the Massachusetts...more

Significant Changes Made to California’s Anti-Discrimination and Anti-Harassment Laws

California is constructing better protections for employees and reinforcing state laws that make clear it is an employer’s affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing...more

The Latest Massachusetts Non-Compete Bill Contains Some Surprises

Earlier this week, the Joint Committee on Labor and Workforce Development released proposed amendments to the Uniform Trade Secrets Act, which would include the creation of the Massachusetts Noncompetition Agreement Act. The...more

Paying a Fixed Salary for a Fluctuating Workweek - Or, How To Pay Half-Time Overtime

The impending increase in the minimum salary for the executive, administrative and professional exemptions under the FLSA has many employers looking for ways to manage overtime costs for newly-reclassified employees. As part...more

Is Sexual Harassment Training A Turn-Off For Men?

A semi-recent article in the New York Post — “The Corporate ‘Cure’ for Sexual Harassment Only Feeds the Disease” — cited a couple of studies that allegedly proved that sexual harassment training is worse than doing nothing...more

Managing absenteeism: a collaborative approach

Employers who proactively deal with employee absenteeism, and focus on assisting employees to return to work, can reduce the impact of employee downtime and disruption to working arrangements. We’ve previously discussed...more

To E-Verify or Not to E-Verify: That Will No Longer Be a Question for Some Tennessee Employers

Beginning in 2017, Tennessee will require employers with 50 or more employees to enroll in the E-Verify system for the purpose of verifying the citizenship or work authorization status of their workers. E-verify is an...more

[Event] CLE for In-House Counsel - A 2016 Update on Current Issues Relating to Your Business - June 2nd, Chicago, Ill

Please join us for a complimentary CLE seminar on current issues affecting your business. Taught by leading practitioners at Locke Lord, the seminar offers three hours of CLE credit, including one hour of Professional...more

OSHA Issues New Requirements for Electronic Reporting of Workplace Injuries and Illnesses

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) unveiled a final rule requiring electronic reporting of workplace injuries and illnesses, requiring employers to inform workers of their right to...more

DOL Releases Updated FMLA Materials

The United States Department of Labor (DOL) recently issued a new Family and Medical Leave Act (FMLA) poster. Employers who are covered by the FMLA are required to display a DOL-prepared poster advising employees and...more

What Employers Need to Know About the New York City Pregnancy Accommodation Enforcement Guidance

The New York City Commission on Human Rights has released enforcement guidance on the New York City Pregnant Workers Fairness Act identifying five categories of potential violations and emphasizing the need to engage in...more

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