Employer Liability Issues

News & Analysis as of

Eighth Circuit: Doctor Is Unable to Maintain Employment Claims Due to Determination of Independent Contractor Status

From 1991 until 2011, Larry Alexander worked as a pathologist for Avera St. Luke's Hospital in South Dakota. Under the terms of his contract, Alexander was an independent contractor free from control of Avera. Alexander paid...more

Torts – Vicarious Employer Liability – Going and Coming Rule

Torts – Vicarious Employer Liability – Going and Coming Rule - Court Of Appeal, Fourth Appellate District (September 10, 2014) - Under the theory of respondeat superior, employers are vicariously liable for...more

NLRB Attempts to Make an End Run Around Courts Invalidating its Rulings on Arbitration Agreements

On October 28, 2014, the National Labor Relations Board (“NLRB”) issued its decision in Murphy Oil USA Inc., once again attempting to prohibit employers from requiring employees to enter into agreements to arbitrate...more

Ghomeshi Claim Faces Significant Challenges

The controversial firing of former CBC radio host and personality Jian Ghomeshi has captured the public’s attention in recent days for many reasons, most of which have nothing to do with the law. In terms of the legal issues...more

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Don’t Let Your Office Halloween Party “Unmask” Racial Insensitivity

Employers may view Halloween celebrations at work as a no-brainer: Annual October office parties are often great boosts to employee morale, encouraging community, healthy competition, and team-building as participants eat,...more

Disciplinary Proceedings and the Duty of Care

In Coventry University v Mian [2014] EWCA Civ 1275, the Court of Appeal considered whether an employer had breached its duty of care by commencing disciplinary action against an employee on the basis of a preliminary, rather...more

The EEOC’s Assault on Separation Agreements – A Bump in the Road, But It’s Far From Over

Most employers have separation agreement forms that have served them well over the years. The terms have become fairly standardized and, aside from the occasional tweak, they don’t change much and are rarely challenged. ...more

When an Employee Requests FMLA Leave for a Workplace Injury, Is the Employer Required to Report it as an OSHA Event?

An issue that implicates both the FMLA and OSHA? Normally, I’d yawn and take a cat nap along with you. But this one is sufficiently interesting: If an employee returns FMLA medical certification confirming the need for...more

Magistrate Permits Defendants to Depose 196 Absent Class Members

In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent...more

Can You Reject a Candidate That You Don’t Think Will “Fit In” with Your Team? Not If You Want Summary Judgment in the Second...

Just how specific do you need to be when explaining why you rejected a minority candidate multiple times for a job that did not even mean a pay raise? That is the question the United States Court of Appeals for the Second...more

Questioning employees about prescription drugs that could affect performance and safety

Employers often have policies and procedures (frequently included in a drug testing policy) that require their employees to disclose the lawful use of prescription drugs (i.e., per the advice and prescription of a licensed...more

NLRB Imposes Extraordinary, Tough Remedies for Egregious and Pervasive Violations

In a landmark decision, the National Labor Relation Board has imposed an array of extraordinary remedies against an employer for what the NLRB described as “egregious and pervasive violations” of the National Labor Relations...more

Marijuana Users in Michigan Eligible for Unemployment

Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits....more

Employment Law - Oct 2014 #3

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

An Employee is an Employee is an Employee: Alexander v. FedEx Ground

In the 1920s, author Gertrude Stein famously said, “A rose is a rose is a rose.” In light of Alexander v. FedEx Ground, that phrase could just as well be: an employee is an employee is an employee. Alexander is one of many...more

Hospitals Have No Room for Error on Policy & Procedure Communications during Fast-Moving Public Health Crises

In 2006, it was Avian flu. In 2009, it was H1N1, also known as swine flu. This year, it’s Ebola. When fast-moving public health crises hit, one issue that always comes under intense scrutiny is a hospitals’ ability to...more

Lights Out for a 401(k) Investment Fund? Don't Forget the Blackout Notice Rules.

One of your company’s 401(k) investment fund options is underperforming. Or, perhaps the fund is no longer appropriate for your employees. Or, perhaps a fund’s wildly successful fund manager has jumped ship to another fund...more

I Can't Work Saturday, I am Working at a Food Drive That Was Organized by My Church...What's an Employer to Do?

It is no secret that controlling costs in today’s Automotive Industry is a must. Companies are employing smaller workforces to cut labor costs and are using real time ordering and supply to cut inventory surpluses and better...more

What to do When an Inspector Comes Knocking

Visits to workplaces by work health and safety (WHS) inspectors are a necessary part of the enforcement regime of WHS regulators. They often occur in circumstances where organisations are under considerable time pressures,...more

Are You Sure It’s ERISA?

Imagine you are faced with a claim based on an alleged disabling condition that prevents an individual from working. You have a document from the employer that describes short-term disability benefits that the individual may...more

De-Risking At Risk? Lawmakers Urge Changes

Plan sponsors such as Ford, General Motors and more recently, Motorola, have made headlines for implementing strategies to remove liabilities from their balance sheets by cashing out participants and transferring their...more

California Attorney General Releases 2014 Data Breach Report and Recommendations, Finding More of the Same.

On October 28, 2014, Attorney General Kamala Harris released the second annual California Data Breach Report. The report detailed the nature and scope of data breach notifications that her office received in 2013. Her office...more

Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars

The False Claims Act, 31 U.S.C. §§ 3729-3733, enables whistleblowers—also known as qui tam relators— to file fraud suits on behalf of the United States against private government contractors. With the assistance of qui tam...more

Vamco Sheet Metals to Pay $215,000 to Settle EEOC Sex Discrimination Suit

Women Working on John Jay College Expansion Treated Unfairly by Construction Contractor, Federal Agency Charged - NEW YORK - Construction contractor Vamco Sheet Metals, Inc., will pay $215,000 as part of the settlement...more

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