Employer Liability Issues

News & Analysis as of

New IRS Guidance on 40% Excise Tax Previews Future Regulatory Complexity

Although public opposition to the 40% excise tax on high-cost health care is rapidly growing, the IRS continued to develop a regulatory framework for administration of the excise tax through its issuance of Notice 2015-52 on...more

Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more

Is Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability"

Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this...more

DOL Issues Warning to Companies Misclassifying Employees as Independent Contractors

Employer misclassification of employees as contractors has filled recent newspaper articles and caught the attention of legislators in the Carolinas and beyond. Last week, the federal Department of Labor entered the fray,...more

Employer Potentially Liable for Harassment of Supervisor by Her Subordinates

Employers are well aware of their potential liability for workplace harassment claims involving co-workers or third parties. They also understand their heightened legal responsibility when the alleged harasser is the...more

Risky Business: A Three-Step Plan For Addressing Harassment By Nonemployees

Employers have long understood that they face potential liability when an employee is sexually harassed by another employee and they do nothing to prevent or fix the known problem. It is also true, but perhaps less well...more

EEOC Issues Overview on LGBT Rights Under Title VII

As reported in EmployNews, over the past year the Equal Employment Opportunity Commission has aggressively shifted its position on the extent of coverage of LGBT workers under Title VII. In federal employee cases where the...more

Dual Ruling in FEHA Case Addresses Evidence Required to Establish Qualified Disability and Sets High Standard for Cost Recovery as...

Gabriel L. Roman, et al. v. BRE Properties, et al. - Court of Appeal, Second Appellate District (June 17, 2015) - The Fair Employment and Housing Act (“FEHA”) prohibits, as unlawful discrimination, a refusal to make...more

Independent Contractor or Employee: Do You Pass the “Economic Realities” Test?

In the first Administrator’s Interpretation issued in more than a year, the Department of Labor has recently weighed in on the debate over the misclassification of employees—a  debate that has been stirred up of late by...more

Employment Law Commentary, Volume 27, Issue 7, July 2015

Temporary Workers In Dual-Employer Arrangements: Who Is Responsible For Their Health And Safety? One of the most basic concepts in employment law is that employers have an obligation to furnish a safe workplace for...more

Texas Bill Protects Franchisors From Joint Employment Liability

Texas legislators recently passed S.B. 652, which seeks to protect franchisors from employment liability for the actions of franchisees. Enacted in June 2015, S.B. 652 amends the Texas Labor Code to specify that a franchisor...more

New York’s First Department: Harassment Claims Not Barred By Whistleblower Claim

As reported by New York Law Journal reporter Ben Bedell, the New York’s Appellate Division, First Department recently held that employees could file suit against their former employer for both sexual harassment and violation...more

MSHA Workplace Examination “Clarification” Places Enforcement Target Squarely on Operators

Over the years, the Mine Safety Health Administration (MSHA) has tried on two different occasions to overhaul the workplace examination standard at 30 CFR §56/57.18002 by issuing program policy letters. The agency’s primary...more

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

Canadian Employment News Series - July 2015

Self-Reporting Drug Use Policies at Work: Are They Discriminatory? Employers seeking to strengthen policies aimed at reducing drug and alcohol abuse in safety sensitive workplaces should take note of this recent Alberta...more

Pennsylvania Court Rules Payroll Cards Aren’t “Lawful Money,” Says Employers Must Pay Using Checks Or Dead Presidents

We have previously reported and blogged about challenges to paying employees through debit card-like “paycards.” A recent Pennsylvania decision has amplified those concerns....more

It’s Not Just the DOL That Thinks You May Have More Employees

Just last week, the DOL provided guidance about people treated as independent contractors, but who may really be your employees. That is just part of the trend. Another way you may have “extra” employees is through joint...more

Someone’s Knocking: If It’s the Union, Don’t Let Them in

The National Labor Relations Act protects employee solicitation of other employees and distribution of literature to form or join a union or to engage in other “concerted” activities. However, employers have the ability to...more

Trade Union Bill Published

On 15 July 2015, the Government published a draft Trade Union Bill which sets out changes to tighten the law on industrial action. What is the current position? There is no general right to take industrial action...more

ACA Reporting Update: New Forms, Higher Penalties & Other Guidance

With the impending deadline early next year, most applicable large employers are (or should be) in the process of gearing up for what is perhaps the biggest Affordable Care Act (“ACA”) compliance challenge this year — the...more

N.Y. State Fast Food Workers Likely To Win $15 Minimum Wage Raise

As previously reported, Gov. Andrew Cuomo in May empaneled a three-person wage board (the Board) to study and fix perceived wage inequality suffered by New York’s fast food workers – including by recommending whether, and by...more

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket...more

Hillshire Brands Company Sued by EEOC For Racial Harassment at Sara Lee Plant

Federal Agency Charges Racist Comments and Graffiti in the Worksite - DALLAS - Hillshire Brands Company (formerly known as the Sara Lee Corporation) violated federal law by subjecting a class of African-American...more

Condo Association Sued for Sexual Harassment National Origin Discrimination and Retaliation

Management Company Also Sued; Vulnerable Workers Subjected to Abuse, Including Attempted Rape, and Retaliation for Complaining, EEOC Charged - DENVER - Vail Run Community Resort Association, Inc., a condominium complex...more

Jersey City Enacts Wage Theft Prevention Ordinance

Jersey City Mayor Steven Fulop has signed into law a wage theft prevention ordinance that gives the City the power to deny or suspend an employer’s Jersey City-issued business license if the employer is found liable of...more

4,107 Results
|
View per page
Page: of 165

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×