Employer Liability Issues

Can I Report My Company For Failure to Carry Workers Comp Insurance?

by Hoffman DiMuzio on 5/17/2013

You have discovered that your employer is not living up to its legal obligation to carry workers’ compensation insurance. Can you report them? Are there penalties they will face? Can you report your company anonymously?...more

Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know

by Brian Arbetter, Terese Connolly | Sheppard Mullin Richter & Hampton LLP on 5/16/2013

Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs,...more

Does Your Bench Have Temps? OSHA Expands

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

OSHA has issued a new memorandum regarding the use of temporary workers. In this memorandum, OSHA stated that it will be reviewing the use of temporary workers during every inspection. This enforcement initiative means that...more

Strategic Implementation of Employer Shared Responsibility Rules & 2014 Planning Considerations

by Shumaker, Loop & Kendrick, LLP on 5/14/2013

In This Presentation: •Welcome •Overview of the Employer Shared Responsibility Rules - Impact on Corporate Structure - Time Line Examples to Demonstrate Application of Measurement, Administrative & Stability...more

Georgia's Illegal Immigration and Enforcement Act

by Ben Shapiro | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

On July 1, 2013, all employers with more than ten employees will be required participate in the U.S. Department of Homeland Security's E-Verify system in order to obtain a business license as part of the Illegal Immigration...more

Are You Feeling Sick? New York City Passes a New Sick Leave Law

by Jill Lowell, Jean Schmidt, Terri Solomon | Littler on 5/13/2013

If at first you don't succeed, try and try again. That is what the New York City Council (the Council) has done since 2009. And after four years, the result is a controversial sick leave law, the Earned Sick Time Act (the...more

Small Companies in Colorado Can No Longer Discriminate

by Aaron Kase | Lawyers.com on 5/13/2013

Colorado Governor John Hickenlooper signed a bill into law last week that provides recourse against discrimination to workers at companies that employ fewer than 15 people....more

Capital Infusion - May 2013: Policy Spotlight: Affordable Care Act

by Adam Connatser, Jon Finger, Rani Hauth Guerra, J. Atwood Jeter, David McLean | Patton Boggs LLP on 5/10/2013

EMPLOYER RESPONSIBILITIES UNDER THE AFFORDABLE CARE ACT AND THE IMPACT on PRIVATE INVESTMENT FUNDS - Implementation of the Affordable Care Act (“ACA”) continues at an accelerated pace. Some of its most important...more

Worker Safety Continues To Be A Major Concern For Workers

by Johnston, Moore & Thompson, Huntsville... on 5/10/2013

In a recent report released by the Bureau of Labor Statistics, the number of deaths at work is not decreasing, raising concerns about worker safety. With improvements in technology and safety standards, it is hoped that this...more

Interplay Between Workers’ Comp and Personal Injury

by Lanier Law Group, P.A. on 5/10/2013

In North Carolina as well as most other states, workers' compensation is an insurance policy that protects employees who suffer on-the-job injuries regardless of fault and protects employers from personal injury lawsuits...more

Another NLRB Ruling Protects Employee Social Media Complaints Regarding Supervisors

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/8/2013

The National Labor Relations Board (NLRB) continues to send a strong message to employers that the right of both union and nonunion employees to engage in protected concerted activity extends to social media communications....more

Restaurant Industry Newsletter - May 2013: Would You Like Fries, or a Collective Action Overtime Lawsuit, With That Burger?

by Andrew Tanick | FordHarrison on 5/8/2013

A number of well-known restaurant chains have been hit with lawsuits over the last few years alleging that their exempt managers or assistant managers were indeed non-exempt and therefore should have been paid overtime. ...more

LEGAL ALERT: Employers must use revised I-9 form starting May 7th

by Kirton McConkie PC on 5/8/2013

Effective May 7, 2013, all U.S. employers must only use the new Employment Eligibility Verification Form I-9 (revision date 3/8/13N) to comply with employment eligibility verification requirements under the Immigration Reform...more

ECJ Expands Meaning of “Disability” Under Equal Treatment Directive

by Nick Thomas | Morgan Lewis on 5/7/2013

Court confirms that "disability" should be interpreted broadly and places onus on employers to explore a reduction in working hours as a potential adjustment....more

Ostracism and Petty Mistreatments May Collectively Rise to the Level of Hostile Work Environment for Light Duty Employee

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/7/2013

A female plumber on “light duty” in the city of Chicago’s Department of Sewers filed a lawsuit alleging that her supervisor assigned menial work to her, prohibited her co-workers from interacting with her, and subjected her...more

EEOC Lawsuits Against Employers Are On The Rise

by Allison Vance | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/7/2013

Although the EEOC typically does not file lawsuits on behalf of charging parties, the number of lawsuits being filed by the EEOC is on the rise. The EEOC currently has litigation pending based on alleged race, national...more

When Can You Sue Your Employer for Injuries Sustained on the Job?

by Hoffman DiMuzio on 5/7/2013

Rudolph Laidlow worked for Hariton Machinery Corp., feeding heated metal bars into a mill. The machine came with a safety guard to prevent workers’ hands from being caught and shredded. The employer removed the guard...more

Checklist for Timely Compliance with HIPAA Omnibus Rule

by Lori Oliphant | Winstead PC on 5/7/2013

The deadline for compliance with the new HIPAA Omnibus Rule is looming for group health plans. As explained in a prior blog, stiff penalties may be imposed on employers whose plans fail to comply. Accordingly, employers...more

Non-Union Employees at Worksite Safety Inspections Contradicts OSHA Regulation and Creates Host of Issues for Employers

by Tressi L. Cordaro | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/6/2013

With private sector union density steadily declining, unions will take help anywhere they can get it. The most recent case in point: the Occupational Safety & Health Administration (OSHA) issued an interpretation letter on...more

Business Law Newsletter - May 2013

by Rachelle E. Hill, James V. Irving, Alecia Schmuhl | Bean, Kinney & Korman, PC on 5/6/2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

On-Call Employee Injured While Driving Home From Work Eligible for Workers’ Compensation Benefits

by Bart Sisk | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/6/2013

In order for a workers’ compensation claim to be compensable, the injury giving rise to the claim must arise out of and occur in the course of employment. The general rule in Tennessee, and many other jurisdictions, is that...more

Different Jurisdictions for Different Wage Payment Claims in Tennessee Now

by Miller & Martin PLLC on 5/3/2013

(1) Employers must notify employees of their rate of pay either prior to or as of when the employee begins work for them... ...more

Labor Letter, May 2013: After The Violence Come The Lawsuits

by Edward Boehm | Fisher & Phillips LLP on 5/2/2013

A lawsuit filed against a business in Minneapolis, Minnesota demonstrates that the problems associated with workplace violence do not necessarily end once the violence stops. Recently, the family of one of six individuals...more

Wage and Hour Compliance Checklist - How to avoid class actions and prepare for a government audit

by D. Michael Reilly | Lane Powell PC - Labor & Employment Law on 5/2/2013

Will Rogers once said, “Everything is funny as long as it is happening to somebody else.” Employee wage and hour class actions and government audits are never funny. Just ask the president of a sheetrock company sentenced in...more

California Employers, Bite Your Tongue: Oral Communications May Give Rise To Privacy Claim

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/1/2013

The California Court of Appeals held in Ignat v. Yum! Brands, Inc., +214 Cal. App. 4th 808 (2013), that an employee may file an action against an employer for the public disclosure of private facts about the employee even if...more

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