Employer Liability Issues

News & Analysis as of

Employers Face Exposure for Cyberbreaches

A newly filed lawsuit in California and a recent decision from the U.S. Court of Appeals for the Seventh Circuit serve as reminders to employers that the protection of sensitive employee information from cyberthreats remains...more

Employers Beware of Phishing Scams

On April 20, 2016, a class action lawsuit was filed in the United States District Court, Southern District of California against Sprouts Farmers Market, Inc. The lawsuit was initiated by a former employee whose W-2 was...more

EEOC Stresses Title VII Bars Discrimination against Transgender Workers, Including Regarding Bathroom Access

The Equal Employment Opportunity Commission’s new fact sheet focuses on bathroom access and reminds employers that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights...more

Pennsylvania’s New Medical Marijuana Law: What Employers Need to Know

On April 17, 2016, Pennsylvania Governor Tom Wolf signed Senate Bill 3 (SB3), otherwise known as the Medical Marijuana Act, which legalizes the prescription and use of medical marijuana by persons with a “serious medical...more

Unions In The Digital Newsroom – Everything Old Is New Again

A recent string of successful organizing drives at several prominent digital news media outlets calls into question all those confident predictions about the inevitable demise of unionism in the information-age economy. ...more

Final DOL Fiduciary Rule – Q&As for Employers and Plan Sponsors on Investment Education

On April 6, 2015, the U.S. Department of Labor (Department) issued its final rule defining who is a fiduciary of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) as a result of giving...more

EEOC: Bathroom Access Rights Guaranteed By Title VII

Last fall, I raised the issue of bathroom access for employees that corresponds with their gender identity. The issue, however, that seems to get the most press is restroom access....more

The Dangers of Overcooking When Poaching

As an employer, you want the best people working for your business. It's common to want to 'talk up' the business to a prospective employee and present the opportunity only in the most positive light. But just how far can you...more

What Employers Need to Know About Pennsylvania's New Medical Marijuana Act

SB3, the Pennsylvania Medical Marijuana Act, was signed into law last week. Employers need to take note because employees have protections in the workplace under this Act, and the law specifically sets forth parameters on how...more

Approval of the DOL's Changes to the Overtime Exemption Rules Is Imminent

Last year, the U.S. Department of Labor (DOL) proposed rules to increase the salary level for employees exempt from overtime under the Fair Labor Standards Act (FLSA). The proposed rules sought to increase the salary level...more

New Food Safety Whistleblower Regulations: OSHA Bites Off More Than It Can Chew

Seyfarth Synopis: Employers may face liability for retaliation charges from employees who report food safety issues under the Food Safety Modernization Act (FSMA). Employers in the food industry have a new headache to...more

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who...more

The Importance of Job Descriptions

The importance of having accurate job descriptions for employees was illustrated by a recent case. In that case, the employee was let go by an employer after suffering a non-work related injury that the employer believed...more

PA’s Medical Marijuana Act: Challenges for Employers

Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more

Employer Liability for the Lone Wolf

Shocking acts of violence are reported in the press every day. Reading about bombers, gunmen, and rapists in schools and homes and nightclubs is almost unbearable. For us labor lawyers, workplace violence is particularly...more

Germany – Premium Paid by Employer for Leaving Trade Union is Unlawful

Powerful trade unions often are a thorn in the side of employers. But if a company tries to reduce the trade unions’ influence, it may violate the freedom of association under Article 9 section 3 of the German Constitution...more

The cost of ambiguity: termination clause in fixed-term employment contract ruled unenforceable

On April 8, 2016, the Ontario Court of Appeal released its decision in Howard v Benson Group[1], in which the court provides important guidance to employers in relation to the use of fixed-term contracts for employees and the...more

Going on the Offensive: How Retail and Restaurant Employers Can Mitigate Risk by Implementing Mandatory Arbitration Agreements

Over the past several years, there has been a growing trend of retail and restaurant businesses requiring their employees to sign mandatory arbitration agreements. Why? When properly drafted, mandatory arbitration...more

Fixed-term Employment Agreements: Draft Them Carefully

Employers often use fixed-term employment agreements to limit their future severance costs owed to employees. Although that may be an effective approach in theory, the Ontario Court of Appeal’s recent decision in Howard v....more

Court Sheds Light On “Pregnancy Accommodation” Obligation After Young V. UPS

A federal appeals court panel has come out with a decision interpreting the U.S. Supreme Court’s decision last year in Young v. UPS, and the result wasn’t too good for the employer. The Sheriff’s Department of Ulster...more

Off the Record? Workplace Perils of Video Recording and Social Media

By Scott Rabe and Samuel Sverdlov Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater...more

Oxford, Alabama, City Council Adopts Ordinance Restricting Access to Bathroom Facilities Based on Biological Sex

The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing...more

Orchestra Left Without A Chair When The Music Stops: Another Independent Contractor Misclassification

How independent are musicians who play and perform with others? Do they have more artistic control on their own, or do they only become truly great artists in collaboration with others when their independent talents combine...more

Proposed German Equal Pay Act May Complicate Remuneration Issues

Statistics reveal a difference of 7 percent between the remuneration paid to men and that paid to women with the same qualifications in Germany. The average hourly wage even shows a difference of 22 percent, making pay...more

Vicarious liability of employers - A case note on Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison...

Decision by the UK Supreme Court given on 2 March 2016 on an employer’s vicarious liability in tort for an assault carried out by an employee....more

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