News & Analysis as of

Joint Liability

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

I Owe Joint Taxes with My Spouse: What Do You Do? Innocent Spouse Relief (Part 8)

by McNair Law Firm, P.A. on

Married couples may file a joint federal income tax return together, reporting their joint income and expenses. The benefit of a joint return is that the overall tax rate may often be lower. However, if a joint return is...more

United States Liable as an Owner Under CERCLA for Contamination on Navajo Reservation Land

by Snell & Wilmer on

Last week, a United States District Court in Arizona held that the United States was an “owner” of Navajo Reservation Trust Land for purposes of CERCLA liability. See El Paso Nat. Gas Co. v. United States, 2017 WL 3492993 (D....more

Canadian Court Dismisses ERISA “Controlled Group” Claim

by Latham & Watkins LLP on

Decision creates a substantial barrier to controlled group claims in Canada, may provide a template for other jurisdictions. Key Points: ..ERISA controlled group liability is joint and several for all members of a pension...more

Adoption of the Luxembourg 2017 Tax Reform

by Dentons on

By Law of 23 December 2016, Luxembourg enacted the law implementing the 2017 tax reform (bill of law n°7020). Compared to the initial bill presented to parliament, the main key change of the approved bill relates to the...more

Perry’s Motor Sales Ltd v. Edwards

by Dentons on

This case involved a Claimant that had been dismissed for gross misconduct taken together with an existing final written warning. The misconduct (on both occasions) was in relation to invoicing issues with the latter incident...more

Should Hotels, Restaurants, Bars, and Shopping Centers Stop Offering Open WiFi Connections?

by Bryan Cave on

The answer in Germany is “yes.” To understand why, you have to understand the principle of “co-liability” or Störerhaftung. Under the principle of co-liability, operators of an open WiFi network can be held liable for the...more

Courts Address Conspiracy, Knowing Participation, and Aiding And Abetting Breach Of Fiduciary Duty Claims

by Winstead PC on

In Rhymes v. Filter Res., Inc., a former employer sued a former employee and the employee’s new business for breach of contract, breach of fiduciary duty, and tortious interference related to the employee’s competition with...more

FRANCHISOR 101: Reducing the Risks of Joint Employer Liability

by Lewitt Hackman on

With the risk of franchisors being jointly liable for obligations to franchisee employees, and franchisees exposed to unionization of employees if their franchisor is a joint employer, we present this list of 68 steps every...more

Defence & Indemnity - April 2016: V. SURETY AND BOND ISSUES

by Field Law on

Liability of surety in Quebec under a labour and material payment bond consistent with common law principles L’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée, 2015 QCCA 1725 [4174]...more

Strategies to Cope with New NLRB Joint Employer Ruling

by Dorsey & Whitney LLP on

On August 27, 2015 the NLRB expanded its joint-employer test, which union supporters hope will apply to franchising. See January 2015 WaronFranchising.com blog entry for background. In a 3-2 decision on partisan lines, the...more

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state.  These statutes are in...more

How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers?

by Seyfarth Shaw LLP on

In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board (“NLRB” or “Board”) issued a much awaited decision...more

New NLRB Test for Joint-Employer Status in Labor Contracts May Leave You On the Hook

Today, in a split decision, the National Labor Relations Board promulgated a new test that will make it easier for employees to establish joint-employer status in labor contracting arrangements....more

California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus...more

This Is NOT A Long-Lost Episode Of Monty Python, But It Could Be: English Vicar’s Wrongful Termination Claim Is Thrown Out After...

by Ervin Cohen & Jessup LLP on

Reverend Mark Sharpe filed a claim of wrongful termination (or “unfair dismissal”, as they call it in England) against his employer after being forced out by purportedly having his tires slashed, his post tampered with and...more

Potential Shareholder Liability Arising From Subsidiary WARN Act Violations

by Mintz Levin on

When a company begins experiencing financial difficulty, shareholders often ask whether they may be liable under the Federal Worker Adjustment and Retraining Notification (“WARN”) Act for violations by the company. When the...more

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