Employer Liability Issues

News & Analysis as of

Workplace Protections Expanded for Job Applicants and Pregnant Employees in Illinois

On Tuesday, Illinois Governor Pat Quinn announced he signed the Law to Stop Discrimination Against Pregnant Women in the Workplace and thereby expanded workplace protections to job applicants and employees experiencing...more

District Courts Reviewing ERISA Cases Under the Arbitrary and Capricious Review Standard Serve Only in an Appellate Role

In McCorkle v. Metro. Life Ins. Co., 13-30745, 2014 WL 2983360 (5th Cir. 2014), the Fifth Circuit reversed the district court’s holding that MetLife’s adverse determination regarding the plaintiff’s claim for benefits due to...more

EEOC Sick Over Wellness Programs

Last week, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against an employer under the Americans with Disabilities Act (“ADA”) related to its maintenance of a wellness program. Although far from a...more

New Pregnancy Discrimination and Accommodation Amendments to the Illinois Human Rights Act

On Monday, August 25, 2014, Governor Pat Quinn signed into law new pregnancy discrimination and accommodation amendments to the Illinois Human Rights Act (IHRA), which will afford expectant mothers specific workplace...more

Employee Resignation in Breach of Contract

Mr Rodgers worked as a broker for Sunrise Brokers LLP (Sunrise). He was subject to a 12-month notice period and enforceable post-termination non-compete restrictions. In March 2014, he accepted an offer of employment from a...more

More Reasons for Employers to "DISLIKE" Facebook

The National Labor Relations Board is at it again – wading into the social media foray, that is. In a case that has been percolating since 2011, the NLRB has ruled that an employer must reinstate an employee who was...more

Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender Identity Discrimination

On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender identity and...more

Employers Should Monitor Closely Group Term Life Insurance Enrollments

Many employers offer group term life insurance, including supplemental life. Often an employee who wants to buy coverage above a particular level after an initial open enrollment period must show evidence of insurability....more

Good Things Come To Those Who Document Good Wage & Hour Practices

We have written in the past about the myth of unauthorized overtime. A recent California appellate case, Jong v. Kaiser Foundation Health Plan, shows how you can make unauthorized overtime’s impact on your business a myth,...more

HIPAA For Lawyers And Law Firms: What you need to know to prevent your law firm from paying MILLION$

For years now lawyers and law firms providing professional services to health care providers or health insurance plans should have had in place essential safeguards to meet the responsibilities and requirements as business...more

New Bill Expands Illinois Human Rights Act's Pregnancy Protections

On August 26, 2014, Illinois Governor Pat Quinn signed House Bill 8, amending the Illinois Human Rights Act by placing new obligations on employers with respect to pregnant employees. The new changes take effect on January 1,...more

Out of the Box: Legal guidance for the consumer product + retail industry - Volume 2, Issue 2, Summer 2014

In This Issue: - Are Offers Of Free Credit Monitoring About To Become Mandatory In Data Breach Incidents? - Mandatory “Made-In” Labeling in the EU - A New Dawn for California Class Actions - Recent...more

Hospital’s Failure to Abate Patient and Visitor Violence Against Employees Results in OSHA Penalty

Hospitals, remarkably, are one of the most hazardous places to work. According to the U.S. Bureau of Labor Statistics, hospital workers have an estimated rate of 8.3 assaults per 10,000 workers compared to an estimated 2...more

Health Care Update - August 2014 #4

In This Issue: - Administration Releases Updated Contraception Coverage Rules - Federal Regulatory Initiatives - Other Congressional and State Initiatives - Other Health Care News - Upcoming...more

New Jersey’s New “Ban the Box” Law

Implications of the “Opportunity to Compete Act” on Criminal Background Checks by Employers and the Continuing Need for Prospective Employees to Obtain Expungements....more

Employers Must Pay for Employees’ Work-Related Personal Cell Phone Use

On August 12, 2014, the California Court of Appeal held that, when employees must use their personal cell phones for work-related calls, their employer is required to reimburse a reasonable percentage of their cell phone...more

Is a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”

Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and...more

Coerced Arbitration Agreement Not Enforceable in FLSA Collective Action

The Eleventh Circuit has affirmed a district court's decision denying an employer's motion to compel the arbitration of a Fair Labor Standards Act (FLSA) collective action, finding that the court's decision was within its...more

Freedom to Retaliate against Foreign Whistleblowers May Not Be as Much Fun as It First Appears

What I’m about to say is grossly oversimplified, but here goes: The Dodd-Frank Act’s whistleblower provisions have two primary prongs. The first says that an individual who voluntarily provides the SEC with original...more

Case alert: Failure to interview disabled employee amounted to disability discrimination

In London Borough of Southwark v Charles, the EAT decided that the London Borough of Southwark (the "Borough") had failed in its duty to make reasonable adjustments when it refused to assess by other less formal means the...more

Court "Certifies" Gawker Media Interns' Collective Action

After more than a year of litigation (the filing of which we reported at the time), former unpaid Gawker Media interns will be permitted to send notices to other unpaid or allegedly underpaid interns to inform those potential...more

“Don’t worry about me, I carry weapons”: employee’s violent statements warranted serious discipline but not dismissal

An electrician’s comment, “Don’t worry about me, I carry weapons” and “it would really feel good to kill something today” constituted workplace violence but did not warrant dismissal, the Ontario Labour Relations Board has...more

California Employers Must Reimburse Employees for Mandatory Work-Related Cell Phone Use

In a ruling that may spawn a wave of California employment-related class action litigation, a California Court of Appeal has ruled that employers must always reimburse employees for “some reasonable percentage” of their cell...more

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1...more

Bordering the Obvious

Last week we learned in Olson v. Push, Inc. that Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) does not apply to a West Virginia employee working for a Wisconsin company. While at first blush this may seem...more

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