News & Analysis as of

Employer Liability Issues

One Racial Slur is One Too Many, Rules Third Circuit

by LeClairRyan on

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in...more

Medical Marijuana Users Can Sue Their Employers

by Murtha Cullina on

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

How to Survive the Dog Days of Summer: OSHA’s Yearly Heat Campaign Sizzles

On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: “Water. Rest. Shade.” As part of the seventh annual heat illness prevention campaign,...more

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

by Nilan Johnson Lewis PA on

The Scenario - Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons...more

Ford Motor Company to Pay up to $10.125 Million To Settle EEOC Harassment Investigation

Blacks and Women Subjected to Harassment at Two Chicago Facilities, Federal Agency Found - CHICAGO - Ford Motor Company has agreed to pay up to $10.125 million to settle sex and race harassment for a group of individuals...more

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31....more

OSHA To Hold Second Public Meeting To Discuss Voluntary Protection Programs

by Cozen O'Connor on

As generally expected under a Republican administration, OSHA appears more focused on compliance and a collaborative working relationship with businesses. As part of this strategy, OSHA recently announced it will hold its...more

Is the Shipping Industry Ready for UK Gender Pay Gap Reporting?

by Reed Smith on

It’s an acknowledged fact that women are significantly underrepresented in the shipping industry – accounting for just 2% of the workforce globally. As major companies begin to publish data about their gender pay gaps,...more

Salary History To Ask or Not To Ask

The question of salary history has long been a topic of disagreement between employers and their prospective employees. One party wants to know, while the other prefers not to tell. Both have what they consider to be valid...more

Why The Chicago And Cook County Paid-Sick-Leave Ordinances May Apply To Your Organization

by Jackson Lewis P.C. on

Paid-sick-leave ordinances (PSLOs) became effective in the City of Chicago and Cook County on July 1, 2017. The PSLOs require employers to grant paid sick leave to employees on terms more generous than what most employers...more

New York City Companies: Freelance Isn’t Free

by Blank Rome LLP on

Action Item: The Establishing Protections for Freelance Workers Act (the “Freelance Isn’t Free Act”) became effective on May 15, 2017. The Freelance Isn’t Free Act imposes specific requirements on companies located in New...more

USCIS Releases Updated I-9 Employment Eligibility Verification Form

Last month, the U.S. Citizenship and Immigration Services published a new version of the I-9 Employment Eligibility Verification Form. The Form I-9 is used by employers to verify the identity and employment authorization of...more

Allegations of Misclassification Are Insufficient to Demonstrate Commonality and Typicality According to California Court of...

The California Court of Appeal for the Fourth District held that misclassification alone does not establish liability for overtime violations, and, thus, the fact that members of a putative class were classified as exempt was...more

What Employers Should Do Now to Comply With the Oregon Equal Pay Act of 2017

by Lane Powell PC on

Equal Pay Act Overview - Oregon Governor Kate Brown recently signed the Oregon Equal Pay Act of 2017 into law. Although Oregon law already prohibited gender discrimination in the payment of wages (e.g. paying men more than...more

Employers Required to Use Revised Form I-9

by Jaburg Wilk on

Effective September 18, 2017, employers must begin using a revised Form I-9, which was released on July 17, 2017. The new form is valid through August 31, 2019. Using an outdated form is a violation of recordkeeping...more

California DFEH’s new transgender regulations go into effect

by Dentons on

Effective July 1, 2017, California employers became subject to new regulations, promulgated by the California Department of Fair Employment and Housing (DFEH), interpreting the California Fair Employment and Housing Act's...more

Another Chapter in California’s PAGA Saga

Sounds like something our favorite attorney Bob Loblaw would be part of. In reality, the PAGA SAGA (for those of you without California employees) relates to PAGA, the acronym for California’s Private Attorneys’ General Act,...more

Wage/Hour — Washington Supreme Court — Two Recent Tips Regarding Meal Break Liability

What happens in Washington when your employee fails to take a meal break? Is the employer “strictly liable” for a statutory wage/hour violation? NO....more

Seventh Circuit Finds No Standing When Background Check Disclosures Contain Extraneous Information

The Seventh Circuit Court of Appeals has become the second federal court of appeals to weigh in on an important legal issue for employers in defending against expensive, increasingly common Fair Credit Reporting Act (FCRA)...more

New Oregon Law Imposes Scheduling and Working Hours Obligations on Employers

by Littler on

A new Oregon statute will require certain large employers to provide their Oregon employees with advance notice of their work schedules. The notice period will initially be 7 days starting next year before increasing to 14...more

Employee’s Facebook Post Crossed the Line

by Saul Ewing LLP on

Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain...more

Heads Up: Employers Must Use Yet Another New I-9 Form

by Akerman LLP - HR Defense on

Employers need to switch to yet another new I-9 Form on or before September 18, 2017. The latest update–the second revision to the I-9 since the beginning of the Trump Administration—does not reflect any significant...more

Puerto Rico Employers Prepare for New Guidelines Governing Equal Pay in the Workplace

by Littler on

On August 10, 2017, the Puerto Rico Secretary of Labor and Human Resources issued and made effective the Uniform Guidelines for the Self-Assessment of Equal Pay in the Workplace (“the Guidelines”). These Guidelines were...more

Immigration Law Update - August 2017

by Clark Hill PLC on

United States Citizenship and Immigration Services (USCIS) released the latest Form I-9, Employment Eligibility Verification, on July 17, 2017. Employers will be able to either (1) use this revised version or (2) continue...more

OSHA Launches Injury Tracking Application

by Jackson Lewis P.C. on

On August 1, 2017, OSHA finally launched its web portal to accept submission of recordkeeping forms pursuant to the requirements in the final rule, “Improve Tracking of Workplace Injuries and Illnesses.” Under the rule,...more

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