News & Analysis as of

Off-Duty Employees Employer Liability Issues

Can You Fire An Employee For Off-Duty Misconduct? You Betcha!

Every now and then, I am told that it’s unfair for employers to take action against employees misbehave off duty. “No it isn’t,” I reply. Although I wouldn’t recommend firing everybody who gets in trouble away from work...more

Employer liable for off-duty murder?

by McAfee & Taft on

Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the...more

Employer Potentially Liable for Supervisor's Off-Duty Murder of Employee

Most employers know that they can be held liable in some situations based on negligent hiring or retention of an employee who harms a third party. A new decision from the Seventh Circuit Court of Appeals cautions employers...more

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

by Jackson Lewis P.C. on

In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues...more

Think Before You Call: Contacting Employees On FMLA Leave

by Jackson Lewis P.C. on

How many employers have had this situation arise? An employee requests and receives FMLA leave. While they are out, the employee’s supervisor needs to locate a document, find out the status of a project the employee was...more

California Employers May Not Control How Employees Spend Their Break Time or Require On-Call Rest Periods

by Blank Rome LLP on

Action Item: California employers are urged to review their rest period policies and practices, and consider changes that will ensure they relinquish control over how employees spend their break time and relieve their...more

California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

by Nossaman LLP on

Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may...more

California Supreme Court Rejects On-Call Rest Breaks

by Buchalter on

The California Supreme Court recently issued a significant opinion regarding the issue of off-duty rest breaks in Augustus v. ABM Security Services, Inc. (Dec. 22, 2016). The Court, in the context of employees being required...more

Alert: California Supreme Court Rejects On-Duty or On-Call Rest Breaks

by Cooley LLP on

On December 22, 2016, the California Supreme Court addressed two related issues: (i) whether California law requires employers to permit off-duty rest periods – that is, time during which an employee is relieved from all...more

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

by Fenwick & West LLP on

I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

Does NC Law Prohibit Employers From Acting on Drunk Facebook Behavior?

In recent years, numerous employers have fired or taken other disciplinary action against employees based on antics posted on social media sites. The classic example of such reaction involves parents who discover that their...more

The People Have Spoken, and It’s Time to Start Smokin’. . . Or Just Say No

It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new...more

Canadian Employment News Series - June 2015

by DLA Piper on

Employees and Independent Contractors: The Changing Nature of Employment - Organizations are increasingly retaining the services of individual contractors rather than hiring employees in order to increase the...more

Ah, Social Media: Blurring the Lines Between Work Life and Personal Life

by Baker Donelson on

Andy Warhol is quoted as saying, "In the future, everyone will be world-famous for 15 minutes." How prophetic you were Andy. These days a single post on social media can travel around the world faster than you can say Snap...more

Looking Over Your Employees' Shoulders

by Fisher Phillips on

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Monitoring Employees: How Far Can You Go?

by Fisher Phillips on

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Employee Who Admits To Smoking Marijuana Off-Duty and for Non-Medicinal Purposes Eligible to Receive Unemployment Benefits

by Franczek Radelet P.C. on

If an employee admits to smoking marijuana and is subsequently discharged based on that admission, you would think that if the employee later files for unemployment insurance benefits he would be deemed ineligible…, right?...more

Employers Beware: You May be Liable for Your Employees’ Tortious Off-Duty Conduct during Their Commutes

In Moradi v. Marsh USA, Inc., the California Court of Appeal concluded that employees who are required to use their personal vehicles to travel to and from the office and make other work-related trips during the day are...more

Arizona Supreme Court Limits Employer’s Vicarious Liability For Employee’s Off-Duty, On-Location Assignment Car Accident

On July 9, 2012, the Arizona Supreme Court issued an employer-friendly opinion holding that an employer was not vicariously liable for negligent conduct committed by an employee during an out-of-town assignment, after work...more

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