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Employer Liability Issues Liability

Rodemer Kane Attorneys at Law

Work-Related Car Accidents: Who Is Responsible?

When it comes to workplace-related incidents, the question of liability can often be complex and nuanced. One common scenario involves damage to an employee's car while parked in the employer's parking lot. This article...more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

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Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

ArentFox Schiff

Grounds for Liability: Massachusetts Appeals Court Evaluates Standard for Employer’s Vicarious Liability

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This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions...more

Epstein Becker & Green

Caution - Employers Merge Ahead: Massachusetts Holding Endorses Potential Liability for “Joint Employers”

The Massachusetts appellate court decision in Tran v. Jennings Road Management, Corp., et al, gave the green light to an employee to pursue class action claims against her direct employer as well as a separate management...more

Jackson Lewis P.C.

EEOC Enforcement Guidance on Workplace Harassment: Liability

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The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation;...more

Pillsbury - PFAS Observer

Fire-Resistant Turnout Gear Represents a New Frontier in PFAS Liability

The risks associated with PFAS-containing materials are expanding into new areas, as litigation and regulatory enforcement actions continue to rise. Recent trends suggest that employers who provide fire protection gear to...more

Foley & Lardner LLP

Workplace Violence — Tips for Minimizing Liability Risks

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The specter of workplace violence is certainly one of the top concerns that keep employers awake at night. Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening...more

Marshall Dennehey

District Court Ruled Plaintiff’s Claim of Negligent Hiring, Retention, Training and Supervision Against Uber Failed as Matter of...

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Karlen v. Uber Technologies, Inc., 2023 WL 3570635 No. 3:21-cv-835 (VAB) (D. Conn May 19, 2023) - The plaintiff alleged that on an Uber trip, intended to take the plaintiff from Philadelphia to Connecticut, the driver engaged...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Clarifies “Cat’s Paw” and “Stray Remarks” Doctrines in Employment Discrimination Cases

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The Massachusetts Supreme Judicial Court’s (“SJC”) decision in Mark A. Adams v. Schneider Electric USA, Inc., SJC-13352 (2023) concerned the age discrimination claim of a plaintiff who was 54 years old when he was laid off by...more

Butler Snow LLP

Fifth Circuit:  Absent Special Circumstances, ADA Does Not Require Employers to Reassign Disabled Employees in Violation of...

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The ADA requires employers to make “reasonable accommodations” to its disabled employees including “reassignment to vacant positions.” More than twenty years ago, however, the Supreme Court held that if another employee “is...more

Felicello Law PC

Artificial Intelligence: Buckle up for a Bumpy Ride

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Artificial intelligence (AI) and machine learning applications like ChatGPT are the hot new technologies expected to changes our lives fundamentally. Taking the human element out of monotonous tasks promises to increase...more

Hinshaw & Culbertson LLP

[Webinar] Executive Director Legal Pitfalls – The Defense Attorney Perspective - January 26th, 1:30 pm - 2:30 pm PT

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As an assisted living Executive Director (ED), you are charged with minimizing risk and preventing legal liability. But in practical terms, do you understand the legal framework that affects your day-to-day decisions? Join...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee

Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022) - Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini...more

Adams and Reese LLP

U.S. Fifth Circuit’s Holding is Nail in Coffin for Employers’ “Written Stipulation Rule”

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In a recent update, we discussed the Louisiana Supreme Court’s June 29, 2022 holding in Martin v. Thomas which allows a plaintiff to pursue simultaneous claims of direct negligence and vicarious liability against an employer...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more

Adams and Reese LLP

Employers Beware: La Supreme Court Opens Line for Direct Negligence Claims from Employee Actions

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Last week, in Martin v. Thomas, the Louisiana Supreme Court issued an opinion that will certainly impact the trucking industry, but could also have far-ranging consequences for any personal injury case involving simultaneous...more

Sheppard Mullin Richter & Hampton LLP

Employers May Face an Expanded Liability Period in PAGA Suits Under the Relation Back Doctrine

On February 7, 2022 a California Court of Appeal issued its decision in Hutcheson v. The Superior Court of Alameda County (UBS Financial Services, Inc.). The case addresses the relation back doctrine in the context of a...more

Houston Harbaugh, P.C.

Could the Organizing Business be Liable For “Overserving” at a Company Event Under Pennsylvania’s Dram Shop Law?

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An end of the year party or a summer picnic is a regular practice for many businesses. Many of those social outings feature the consumption of alcohol. But, if someone drinks too much and injures another person, could the...more

Console and Associates, P.C.

The Most Wonderful Time of the Year? Not for Gig Economy Delivery Drivers

These days, gig economy drivers play a big part in making the holidays happen, delivering packages containing holiday decor, presents ordered online, and even catered meals for parties....more

Console and Associates, P.C.

Reports of Amazon Drivers Engaging in Dangerous Behavior Behind the Wheel

Online retailer Amazon.com grew into a household name over the past several decades due largely to the company’s ability to deliver packages to customers within days—sometimes hours. However, recently, there have been reports...more

Saul Ewing LLP

Court Tosses Lawsuit by Employee and Spouse Seeking to Hold Employer Liable for COVID-19 Infection

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A federal court recently dismissed a lawsuit filed by an employee and his spouse seeking to hold his employer liable for both of them contracting COVID-19. The dismissal should bring comfort to employer anxiety over lawsuits...more

Jackson Lewis P.C.

COVID-19 Vaccination: Setting Up On-Site Programs

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The Biden administration has called for all people at least 18 to be eligible for the COVID-19 vaccine by April 19, 2021. Most states have already done so. A BenefitsPro article cites a 2017 survey from the Society for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Arizona COVID-19 Update: Pandemic Liability Shield Legislation Awaits Governor’s Signature

During his January 2021 State of the State address, Arizona Governor Doug Ducey called for “COVID liability protection, so that a statewide emergency doesn’t line the pockets of trial attorneys with frivolous lawsuits.” On...more

Clark Hill PLC

Michigan Enacts Laws Limiting Employer Liability and Enhancing Employee Protections Related to COVID-19

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On October 22, 2020, Michigan Governor Gretchen Whitmer signed into law three bills that provide a liability shield for employers and job protections for employees in connection with the COVID-19 pandemic. The COVID-19...more

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