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Personal Liability Employer Liability Issues

Fisher Phillips

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

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A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more

Tucker Arensberg, P.C.

Individual Liability in Employment: Are You in Hot Water?

Tucker Arensberg, P.C. on

What happens when an employee believes he or she is a victim of discrimination at work? Most people understand that an employee can sue their employer/company but very few understand the concept of individual liability under...more

Williams Mullen

Supreme Court of Virginia: No Individual Liability Under Virginia Wage Payment Act

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​​​​​​​On October 13, 2022, the Supreme Court of Virginia decided that individuals may not be held liable as “employers” under the recently amended Virginia Wage Payment Act, Va. Code § 40.1-29 (VWPA). The VWPA was amended...more

Jackson Lewis P.C.

Build Back Better Reconciliation Bill Includes Heavy New Penalties for Employer Violations of NLRA

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The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor...more

Hogan Lovells

Texas expands protections for sexual harassment claims

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Recently-enacted SB 45 and HB 21 significantly expanded protections for Texas employees asserting sexual harassment claims, effective September 1, 2021. Here’s what employers need to know to protect their employees and their...more

Fisher Phillips

An “Either Or” Approach: NLRB General Counsel Pushes for Expanded Remedies Against Employers Regardless of PRO Act’s Fate

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While organized labor continues to hope that Congress will pass legislation that would tilt the labor relations playing field in their favor, the National Labor Relations Board’s (NLRB’s) newly appointed General Counsel has...more

Dorsey & Whitney LLP

New Texas Law Expands Liability for Sexual Harassment Claims

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Beginning September 1, 2021, claims for sexual harassment can be made against a broader group of employers in Texas. The Texas Legislature passed two significant amendments, SB 45 and HB 21, to the Texas Labor Code, which...more

Genova Burns LLC

The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss

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On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims...more

Buckingham, Doolittle & Burroughs, LLC

Big Bully Gone Wild

Dear YouDig? Me and three of my friends like to check out a nearby construction site when no one else is around. The equipment is soooo cool. Yesterday, just goofing around, I jumped on big yellow bulldozer. I was...more

Morrison & Foerster LLP

The SAFE TO WORK Act: An In-Depth Guide For Employers To The Senate's Proposed Coronavirus Liability Shield

On July 27, 2020, Senate Republicans introduced the HEALS Act, its response to the Democrat-backed stimulus bill, the HEROES Act. Although the HEALS Act is currently on life support in light of the stalemate in negotiations...more

Littler

States Enact Laws Limiting COVID-19 Liability

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Previously, we discussed the increasing number of lawsuits filed against employers relating to COVID-19, and how these numbers are expected to swell.  Perhaps recognizing the economic ruin that could befall employers facing...more

Akin Gump Strauss Hauer & Feld LLP

What Officers and Directors Need to Know about Personal Liability for Unpaid Wages

- Corporate officers and directors can be held personally liable for unpaid wages. - As companies and their officers and directors make difficult decisions to address the impact of COVID-19 on their workforce, they...more

Parker Poe Adams & Bernstein LLP

Federal Court Sentences Business Owner to Prison for Violating Fall Protections

Most employers know that the Occupational Safety and Health Administration can assess civil penalties for violation of safety standards. However, they may not be aware that the OSH Act also contains criminal penalties. ...more

Faegre Drinker Biddle & Reath LLP

Retaining Independent Contractors in New Jersey Just Got Even Riskier

On January 21, 2020, New Jersey Governor Phil Murphy signed into law three bills that increase the potential pitfalls for businesses that rely on independent contractors. One new law adds to the penalties for misclassifying...more

Sheppard Mullin Richter & Hampton LLP

New York Targets Members of Out-of-State LLCs in New Wage Theft Bill

Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor...more

Littler

New York Extends Wage and Hour Liability to Top 10 Members of Non-NY LLCs

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New York has amended its Limited Liability Company Law (LLC Law) to hold the top 10 members of a foreign limited liability company liable for wages owed as a result of work performed within New York State, effective February...more

Seyfarth Shaw LLP

New York Extends Liability for Wage & Hour Violations to Top Ten Members of Out-of-State LLC’s

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Seyfarth Synopsis: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages.  This new law is one of several key wage and hour proposals originally advanced by...more

White and Williams LLP

Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers

The Third Circuit Court of Appeals recently issued an opinion that should serve as a warning not only to employers, but to their corporate officers. The case against Altor, Inc., a New Jersey-based construction company, began...more

Foley & Lardner LLP

But I'm in HR - What Do You Mean I Can Go to Jail?

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Wage and hour laws. Child labor laws. OSHA laws. Immigration laws. When employers do not comply with these types of employment laws, civil charges and lawsuits are not the only thing that can happen. In what may come as...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy and Labor Law: Decision by Appeals Court Permits Debtor to Discharge an NLRB Fine in Bankruptcy

If the National Labor Relations Board (“NLRB”) fines an employer for unlawfully firing workers who tried to unionize, can the employer discharge the fine in bankruptcy, or will the exception to discharge found in Bankruptcy...more

Sheppard Mullin Richter & Hampton LLP

Managers Beware: Can you be held personally liable for wage and hour violations?

After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. While intended to help employees collect judgments against employers that are judgment proof, the Act created...more

Butler Snow LLP

Surge in I.C.E. Immigration Enforcement is Wake-Up Call to U.S. Employers

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Here is a wake-up call for employers thinking about shoring up their immigration compliance process as a New Year’s resolution. U.S. Immigration and Customs Enforcement (ICE) is targeting employers and has dramatically...more

Payne & Fears

Key California Employment Law Cases: October 2018

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This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more

FordHarrison

Supreme Court Rules ADEA Applies to All Public Employers Regardless of Size and Leaves the Door Open to Personal Liability

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The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...more

Payne & Fears

AB 3080, Banning Mandatory Workplace Arbitration Agreements, Now Awaits Governor’s Signature

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On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more

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