News & Analysis as of

Strict Liability Employer Liability Issues

Kennedys

New decisions could bring big changes: Recent trends in New York labor law

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The New York State Court of Appeals recently upheld three decisions in favor of defendants in cases involving alleged violations of Section 240(1) of the New York State Labor Law. Section 240(1) imposes strict liability on...more

Morgan Lewis

Massachusetts High Court Issues Three Major Wage and Hour Decisions

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The Massachusetts Supreme Judicial Court recently issued three decisions with significant implications for employers in the commonwealth, holding that (1) when an employer pays wages to an employee after the deadlines...more

Burr & Forman

LeDure v. Union Pacific: Locomotive Inspection Act Case Law Stays Intact and “In Use” For Now

Burr & Forman on

Interpretation of the phrase “in use” as used in the Locomotive Inspection Act (LIA) continues to baffle courts across the country, including the Supreme Court of the United States. On April 28, 2022, the Supreme Court let...more

Fisher Phillips

Massachusetts High Court: Employers Are on the Hook for Triple Final Pay Even When Payment is Made Before Claim is Filed

Fisher Phillips on

In yet another gift to plaintiffs’ attorneys, the Massachusetts Supreme Judicial Court just held yesterday that employees are entitled to automatic triple damages for late final wage payments even where the employer pays the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Perkins Coie

Oregon Court Imposes Strict Liability for Missed Meal Breaks

Perkins Coie on

A decision by the Oregon Court of Appeals in Maza v. Waterford Operations LLC, 300 Or. App. 471 (2019), raises the bar for Oregon employers on meal breaks, making employers liable for missed meal breaks even if they make...more

Seyfarth Shaw LLP

Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability

Seyfarth Shaw LLP on

Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations. ...more

Davis Wright Tremaine LLP

WA Supreme Court: Public Accommodation Employers are Now Strictly Liable for Employees’ Discriminatory Conduct Toward...

Employers are liable for employees’ discriminatory conduct toward non-employees in places of public accommodation, such as restaurants, banks, hotels, medical providers' offices, and education facilities – even if the...more

Stoel Rives - World of Employment

Washington Supreme Court Announces Zero-Tolerance Approach to Sexual Harassment in Places of Public Accommodation

The Washington Law Against Discrimination (WLAD) prohibits “places of public accommodation” from discriminating against their customers on the basis of several protected characteristics, including, without limitation, sex,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Sexual Harassment Claim by Employee Who Quit Days Into Her Investigation

Employers are not strictly liable for hostile environment sexual harassment by a victim’s co-workers. The employer may be held responsible under Title VII if it knew or should have known of the harassment and failed to take...more

Beveridge & Diamond PC

New Jersey Extends “Take-Home” Toxic Tort Liability

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Expanding the scope of potential workplace-exposure liability, the New Jersey Supreme Court clarified that an employer may be liable for toxic exposures not just to the spouse of an employee, but potentially to people with...more

Stoel Rives - World of Employment

The Washington Supreme Court Addresses Meal Break Claims

The Washington Supreme Court case Brady v. Autozone recently addressed the standards that apply when a non-exempt employee alleges that an employer did not provide meal breaks. In short: it is now clear that if a lawsuit is...more

Dorsey & Whitney LLP

Washington Meal Breaks

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The Washington Supreme Court held that an employer is not strictly liable under Washington law for an employee who voluntarily waives his or her meal break. The court also held that, once an employee has asserted a prima face...more

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