News & Analysis as of

Employer Liability Issues

ACA Employer Mandate Assessments Coming

Within the past few weeks, IRS officials have informally indicated that the IRS would begin assessing tax penalties under the Affordable Care Act’s (ACA) employer shared responsibility. The IRS has now updated its Questions...more

Biometric Data in the Workplace Could Trigger Privacy Litigation Wave

by Jones Day on

The Situation: While biometric data (such as fingerprints, facial recognition technology, and iris scans) can be used effectively in the workplace, privacy advocates worry that anonymity could be undermined, and plaintiffs'...more

Extended Leave is an Accommodation – Maybe Not

by Ruder Ware on

As the after effect of the recent Seventh Circuit Court of Appeals decision about extended leave as an accommodation continues to develop, a serious question is developing of whether an employer is obligated to give an...more

[Webinar] Frequently Asked Employment-Related Questions and Answers Employers Need to Know - December 8th, 10:00am MT

by Payne & Fears on

Every year our clients approach us seeking legal counsel and guidance on a wide range of employment-related issues. Some of these issues are unique to a particular industry; others are common to employers in general. As this...more

An Immigrant Story: Best Left Untold in Interview Process

by Shipman & Goodwin LLP on

Recently, I had the opportunity to see Rags, a new revival now running at the classic Goodspeed Opera House. I don’t often do theater reviews on this site, but I give it a thumbs up....more

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

The Risky Business of Using Biometric Information: Insurance Coverage Considerations

by K&L Gates LLP on

Illinois has recently entered the litigation spotlight due to the growing number of actions being brought under the state’s Biometric Information Privacy Act (the “Illinois BIPA”). Illinois is one of only several states that...more

Just in Time for the Holidays

by Blank Rome LLP on

New York State is considering new regulations that will restrict the ability of service industry employers to utilize “on-call” or “just in time” scheduling practices for shift workers. These scheduling practices are common...more

ACA employer mandate penalty letters are on the way

by Bricker & Eckler LLP on

The IRS has recently taken affirmative steps towards assessing the Affordable Care Act (ACA) employer mandate penalties, which are set to begin before the end of 2017. The agency has updated its website with information...more

Delaware Law Prohibits Employers from Requesting Compensation Information

by Morgan Lewis on

Employers may need to adjust hiring and recruiting practices before the law takes effect in December. On Thursday, December 14, 2017, a new law will take effect in Delaware forbidding employers from requesting compensation...more

NOW is the Time - Commit to a Sexual Harassment Free Workplace

by Nossaman LLP on

Unfortunately, 2017 will most likely be remembered as the Year of Sexual Harassment. Notwithstanding that AB 1825 mandated harassment prevention training in California in 2004, the statute was amended to require training on...more

Legal alert - Recent changes to the employment legislation

by Allen & Overy LLP on

Key amendments brought to the employment legislation on 16 November 2017: - Obligation to commence collective negotiations irrespective of the number of employees; - New rules regarding employee representation in the...more

One Final Reminder: OSHA Electronic Records Submission Deadline December 1, 2017

December 1, 2017 is the final deadline to comply with newly implemented Occupational Safety and Health Administration (“OSHA”) regulations that require electronically submitting workplace injury data and information to OSHA....more

Don’t Ask – Don’t Tell in Job Interview?

by Ruder Ware on

A number of states have passed legislation prohibiting an employer from asking a candidate for a new job about his or her salary history in other employment settings. While such a law has not passed in the State of Wisconsin,...more

Illinois Senate Fails to Override Governor’s Veto of Salary History Ban

Bucking the nationwide trend, Illinois was unable to pass a law prohibiting employers from asking job applicants about their salary history. On November 9, 2017, the Illinois Senate failed to override Governor Rauner’s veto...more

How Employers Can Become Experts at Data Breaches: Blowing the whistle

by Bryan Cave on

A large portion of the data breaches that occur each year involve human resource related information. Bryan Cave has put together a multi-part series to help human resource managers understand, prepare for, and react to, a...more

Yoga and Massage Therapist Fired for Being “Too Cute” Sees Gender Discrimination Revived on Grounds of Unjustified Spousal...

A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for...more

California Court Rules PAGA Plaintiffs Need Not Assert Injury, or Employer Knowledge, to Collect Penalties for Paystub Violations;...

by Littler on

A California Court of Appeal dealt another blow to employers in a recent ruling interpreting the state’s Private Attorneys General Act (PAGA). In Lopez v. Friant & Associates, the court considered the proof required for a...more

New York City Adds “Safe Time” To Paid Sick Leave Law

by McCarter & English, LLP on

New York City employers will need to extend safe time leave to employees who are victims of domestic violence, sexual assault, stalking or human trafficking following the recent expansion of the paid sick leave law that will...more

Puerto Rico Labor Department Updates Regulations On Payment Of Annual (Christmas) Bonus

by Jackson Lewis P.C. on

Employers in Puerto Rico must comply with updated regulations on the payment of the generally required annual bonus to eligible employees. The Puerto Rico Department of Labor (DOL) updated the regulations, effective October...more

U.K. Court Orders Employee To Hand Over Personal Computer

It is increasingly common that there are disputes with employees at the end of employment about whether or not they have taken or retained an employer’s confidential information. Most employers in the UK have a provision...more

Congressional Bill: Joint Employer Liability May Become More Limited

by Jackson Lewis P.C. on

The EPL industry rightfully has been concerned about the NLRB’s and courts’ expansion of liability from the seeming employer to those with relationships to that entity. Franchisors increasingly were exposed to liability for...more

California Restrictions on Asking Applicants for Prior Salary Information: FAQs

by Davis Wright Tremaine LLP on

We have previously analyzed the growing trend around the country to ban employer inquiries into an applicant’s prior salary. This advisory addresses frequently asked questions about the new California law, which goes into...more

BYOD (Bring Your Own Device) Policies and Best Practices

Some of us may remember a time when companies were not as concerned about where their information was maintained, as most of it was kept in some form or fashion in file cabinets or individual desks, or perhaps stored offsite...more

Afraid You May Be A Sexual Harasser? Some Helpful Dos And Don'ts

So, you don't want to be a sexual harasser at work? Good for you! Follow these dos and don'ts, and you should be in great shape. An article in last Friday's New York Times indicated that in light of the ever-growing number...more

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Cybersecurity

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