Employer Liability Issues

News & Analysis as of

OSHA’s “Perp Walks” for the Week of January 9th.

OSHA has long bemoaned that the Occupational Safety and Health Act (“OSH Act”) does not allow OSHA to issue penalties sufficiently high enough to deter noncompliance. While reasonable minds can disagree about the sufficiency...more

Employer Violates FMLA for Failure to Provide Calculation of When Leave Expires, Court Rules

In a case reminding employers of their obligation to notify employees about their Family and Medical Leave Act rights, the District Court of New Jersey has ruled that an employer violated the FMLA when it terminated an...more

Headed for Overtime? Trump Administration Will Decide Fate of New Time-and-a-Half Rule

If you're an employee and you work more than 40 hours a week, you typically have the right to receive time-and-a-half overtime pay for those extra hours....more

NLRB Joins Other Federal Agencies in Combatting Retaliation

Several federal agencies have joined forces to release a joint Fact Sheet highlighting the various anti-retaliation provisions of the workplace laws these agencies enforce. “Retaliation Based on the Exercise of Workplace...more

Employment Law Navigator – Week in Review: January 2017 #3

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

Can a PA Employer be Liable to its Employees for a Data Breach?

It’s a nightmare scenario for any employer: you’ve been hacked. Thousands of your employees’ names, birthdates, Social Security numbers, and bank account information have been stolen. This information is used to file...more

PA Appellate Court Finds No Common Law Duty For Employer Handling Of Employee Info After Data Breach

The Pennsylvania Superior Court held yesterday in Dittman v. UPMC et al. that an employer owes no common law duty under a negligence theory to use reasonable care in the collection and storage of employee information and...more

Employers Must Use New Form I-9 Starting January 22, 2017

U.S. Citizenship and Immigration Services (USCIS) recently updated the Employment Eligibility Verification Form I-9 to the edition dated November 14, 2016. Employers will be required to use the revised version of the form...more

EEOC Seeks Public Input on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC issued Proposed Enforcement Guidance on Unlawful Harassment on January 10, 2017. It is designed to consolidate numerous agency guidelines into one document and addresses hostile work environment harassment prohibited...more

Top Legal Issues Facing the Automotive Industry in 2017

Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about: - Managing warranty, recall, and...more

Now is the Time for Employers to Update Harassment Prevention Procedures and Get in Compliance with New EEOC Guidelines

On January 10, 2017, the United States Equal Employment Opportunity Commission (“EEOC”) announced that it is seeking public input on proposed “Enforcement Guidance” designed to address harassment in the workplace. The...more

Transparency in Terminology and Treating Transgender Employees Fairly

Seyfarth Synopsis: With increased attention placed on transgender rights in recent years, employers should pay close attention to transgender discrimination and related issues in the workplace. This post offers some tips for...more

Texas Introduces State Pay Equity Bill Banning Inquiries Into Prior Salaries

Following the growing trend of states enacting laws that address pay equity in the workplace, Texas State Representative Eric Johnson introduced House Bill 290 in the Texas legislature, seeking to amend the Texas Labor Code...more

Third Circuit Recognizes “Subgroup” ADEA Disparate-Impact Claims

Action item: The Third Circuit’s January 10, 2017 decision regarding an employer’s age-based liability under the Age Discrimination in Employment Act (“ADEA”) should serve as a call to action to employers to evaluate and...more

Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims

As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills....more

Employment Flash Alert: Los Angeles 'Ban the Box' Ordinance

The city of Los Angeles recently passed an ordinance called the Los Angeles Fair Chance Initiative for Hiring (Ban the Box), which will impact employers located or doing business in Los Angeles who employ more than 10...more

An Employer’s Horror Story For Friday The 13th: Retaliation Claim Survives 13-Year Gap

January 2017 is one of those rare months including a Friday the 13th, which might bring to mind a horror movie where a seemingly vanquished killer somehow rises to his feet – once again! – to wreak havoc on his stunned...more

Top 10 Trends Facing California Employers in 2017

With a very Democratic state legislature that is well positioned to offset a very Republican White House, the following are the top 10 trends I saw in my practice from 2016 that inform what California employers can expect in...more

Ohio Limits Local Workplace Laws, Expands Concealed Carry Rights of Licensed Gun Holders

A new Ohio law mandates uniformity of laws across the state affecting wage-hour, paid sick and safe leave and other fringe benefits, and scheduling of employee work hours. Senate Bill 331 expressly prohibits cities and...more

Top 10 Employee Benefits New Year’s Resolutions for 2017

If statistics are any guide, by now a significant number of you have already broken your New Year’s resolutions. However, there’s still plenty of time to make new ones that you can break, er, keep. ...more

Medical Marijuana and the Workplace

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana....more

"A to Z" of What California Employers Need to Know for 2017

With the new year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business in 2017. All-Gender/Single-User Restrooms - Beginning March 1,...more

Probationary Periods: A Window Worth Closing

Probationary periods are a tool long used to test the viability of job candidates. They can provide a window into an employee’s suitability and qualifications for a position. In an economy that continues to have high...more

You Mean It’s Un-American to Hire Only Americans? DOJ Issues Final Rule on Unfair Immigration-Related Employment Practices

If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

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