News & Analysis as of

Employer Liability Issues Civil Liability

Troutman Pepper

California Broadens Restrictions on Noncompete Agreements, Imposes Civil Liability

Troutman Pepper on

Effective January 1, 2024, California will impose civil liability for employers who (1) enter into a contract that includes a noncompete agreement, and (2) attempt to enforce a noncompete agreement — regardless of where and...more

Venable LLP

Racist Robots 2.0: AI Liability for Discrimination

Venable LLP on

Picture this: Your company has developed an artificial intelligence software program that instantly scans thousands of résumés and identifies the perfect candidates for hiring. You call a prospective client whose human...more

Manatt, Phelps & Phillips, LLP

[Webinar] Employer Uncertainty Post-Dobbs - November 29th, 10:00 am - 11:00 am PT

Five months after the Supreme Court’s Dobbs decision, employers across the country are still wrestling with the unknown consequences and risks of doing something or nothing to help their employees located in states where the...more

Jackson Lewis P.C.

Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision

Jackson Lewis P.C. on

The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade and Planned Parenthood v. Casey, has far-reaching consequences across many areas. This...more

Rumberger | Kirk

New “Stop Woke Act” to Expand Florida Employer Liability

Rumberger | Kirk on

On March 10, 2022, the Florida Legislature passed Florida House Bill 7 / Senate Bill 148, which have a stated purpose of protecting “individual freedom.” The law, nicknamed the “Stop Woke Act,” expands Florida employers’...more

Foley & Lardner LLP

New Texas Law Shields Businesses From COVID-19 Liability

Foley & Lardner LLP on

On June 14, 2021, Texas Gov. Greg Abbott signed into law SB 6, a bill granting retroactive civil liability protections for large and small businesses, and a variety of health care providers and first responders subjected to...more

Fisher Phillips

Georgia Extends Limited COVID-19 Liability Protections

Fisher Phillips on

Businesses in Georgia now have another year of protection from civil lawsuits arising out of alleged COVID-19 exposure, transmission, infection, or potential exposure. The Georgia COVID-19 Pandemic Business Safety Act...more

Husch Blackwell LLP

50-State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations - UPDATED April 2021

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Rumberger | Kirk

COVID-19 Litigation: What Alabama Businesses Need to Know

Rumberger | Kirk on

It has been one year since the COVID-19 pandemic began and during that time more than 9,500 COVID-19 related lawsuits have been filed across the United States. Out of these 9,500 lawsuits, more than 1,800 employment-related...more

Akerman LLP - HR Defense

Do the Business Liability Shield Laws Give Employers Immunity From COVID-19 Lawsuits

Not really. Like the COVID-19 vaccines, these “business liability shields” may provide a layer of protection for some employers, but they in no way guarantee immunity from lawsuits....more

Dentons

COVID Changes to Iowa Law

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For many people, 2020 was a bit of a blur with a combination dumpster fire and nightmare. CEOs, CFOs, HR, and attorneys were all learning law on the fly as proclamations, suggestions, guidance, and eventually bills and...more

Littler

New Wisconsin Law Provides Immunity from COVID-19 Liability, With Limited Exceptions

Littler on

On February 25, 2021, Wisconsin enacted a new law designed to help reduce ambiguity regarding COVID-19-related liability.  The statute (Wis. Stat. § 895.476), which became effective on February 27, 2021, gives certain...more

Jackson Lewis P.C.

Wisconsin Passes COVID-19 Civil Liability Exemption For Employers

Jackson Lewis P.C. on

Businesses, schools, nonprofits, and other employers in Wisconsin are protected from COVID-19 litigation under 2021 Special Session Senate Bill 1, signed into law as 2021 Wisconsin Act 4 by Governor Tony Evers on February 26,...more

Foley & Lardner LLP

Wisconsin Legislature Passes Bill Shielding Employers from Liability for COVID-19 Claims - Updated February 2021

Foley & Lardner LLP on

On February 23, 2021, the Wisconsin State Legislature passed a bill with veto-proof majorities in both chambers that would shield employers from civil liability for “any act or failure to act resulting in or relating to a...more

Fisher Phillips

Indiana Businesses Are Now Protected From COVID-19 Liability – But What About Employment Claims?

Fisher Phillips on

At the beginning of its 2021 legislative session, the Indiana General Assembly vowed to fast track a bill to provide civil tort immunity to businesses for damages arising on their premises from COVID-19. On February 15, less...more

Seyfarth Shaw LLP

COVID-19 Employment Litigation Trends Update: Part I

Seyfarth Shaw LLP on

Employees continue to file COVID-19-related lawsuits against their employers at a rapid clip. In July, we identified five categories of cases that seemed to be driving COVID-19 employment litigation: (1) alleged failure to...more

Seyfarth Shaw LLP

COVID-19 Liability Shields: Today’s Legislative Trend, Tomorrow’s Legal Defense

Seyfarth Shaw LLP on

Seyfarth Synopsis: State lawmakers continue to search for ways to pave the path for their economies to reopen amidst the COVID-19 pandemic. The latest trend in that effort: equipping businesses with a shield against legal...more

Littler

Ontario, Canada: Bill 218 Would Introduce COVID-19 Liability Protection with Exceptions

Littler on

On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading.  Bill 218, which would provide employers with a degree of liability protection...more

Littler

Michigan Grants Business and Worker Protections Related to COVID-19

Littler on

On October 22, 2020, Governor Whitmer signed multiple bills that protect Michigan employers that are in compliance with COVID-19-related laws, including agency orders, and protect workers who do not report to work because...more

Laughlin, Falbo, Levy & Moresi LLP

Mitigating Civil Liability for California COVID-19 Work Exposures

As we enter the tenth month of this pandemic, it is becoming increasingly clear that life must, and will, return to some degree of post-pandemic ‘normalcy’ in order to ensure our economic survival. ...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 22, August 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Fisher Phillips

Mining MSHA – Understanding Agent Liability

Fisher Phillips on

Welcome to “Mining MSHA,” a regular series of posts focusing on mine safety fundamentals – but designed for both new and experienced mine safety professionals. This series will help safety professionals develop their MSHA...more

Payne & Fears

Nevada Businesses Protected from Civil Liability for COVID-19: What Companies Need to Know

Payne & Fears on

Using a carrot-and-stick approach, Nevada’s new law limits civil liability for personal injury or death resulting from COVID-19 for most businesses in exchange for compliance with controlling COVID-19 health standards....more

White & Case LLP

Returning to Work: COVID-19, Workers' Compensation, and Employee/Consultant Waivers

White & Case LLP on

As states allow businesses to reopen and employers begin returning to the workplace, questions arise regarding the potential liability of employers if employees and consultants contract COVID-19 in the workplace—which might...more

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