News & Analysis as of

Employer Liability Issues › Costco

Ervin Cohen & Jessup LLP

Court Rules Outside Salesperson Exemption Turns on Employer Control

Ervin Cohen & Jessup LLP on

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

Sherman & Howard L.L.C.

The Jury’s Out — Eleventh Circuit Affirms Florida Court’s Reversal Of Jury Verdict

Sherman & Howard L.L.C. on

In D’Onofrio v. Costco Wholesale Corp., No. 19-10663 (11th Cir., July 6, 2020), the Eleventh Circuit Court of Appeals affirmed the reversal of a $775,000 verdict in favor of the plaintiff. The court ruled that the evidence...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 6, 2019, the U.S. Court of Appeals for the Second Circuit decided Fox v. Costco Wholesale Corporation, eliminating any uncertainty concerning whether an employee can assert a hostile work environment claim under the...more

Laner Muchin, Ltd.

Recent Federal Decisions Highlight Breadth of Employers’ Obligations Under Title VII

Laner Muchin, Ltd. on

Recent federal court decisions serve as a timely reminder of an employer’s obligations under Title VII to protect employees from all unlawful harassment in the workplace, even if that harassment is perpetrated by someone...more

Manatt, Phelps & Phillips, LLP

Customer Costs Costco $250,000 in Hostile Work Environment Suit

Manatt, Phelps & Phillips, LLP on

Why it matters - Providing a valuable lesson for employers about liability for the actions of third parties, the U.S. Court of Appeals, Seventh Circuit affirmed a verdict against Costco on behalf of an employee who was...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Employer Liable for Customer Stalking Employee

Parker Poe Adams & Bernstein LLP on

Title VII of the Civil Rights Act of 1964 protects employees from workplace harassment. As most employers know, these protections apply not only to behavior by co-workers and supervisors but also to harassment by customers,...more

Troutman Pepper

Single Ageist Comment May Be Insufficient To Sustain Age Discrimination Claim

Troutman Pepper on

Q.  If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination? A.  While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Proskauer - California Employment Law on

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Franczek P.C.

“Super” Anti-Harassment Policy May Create Unanticipated Liability

Franczek P.C. on

Ordinarily, employers think of anti-harassment policies as a means of defending themselves against harassment claims rather than a source of liability. However, a recent decision from a U.S. District Court in Connecticut...more

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