News & Analysis as of

Misrepresentation Employer Liability Issues

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts Legislature considering laws to ban “workplace bullying”

Bill Belichick is considered by many to be the greatest coach in the history of the National Football League, including many people in Massachusetts. Over a 24-year career as their head coach, Mr. Belichick led the New...more

Akerman LLP - HR Defense

A Cautionary Tale for Recruiters

Unprecedented levels of employee attrition and turnover are forcing employers to pull out all the stops in attracting—and retaining—top talent. Hiring bonuses, relocation pay, and wellness benefits are quickly becoming the...more

Proskauer - California Employment Law

At-Will Employees May Sue Their Employer For Misrepresentation Of Intended Job Duties

A recent California Court of Appeal decision confirms that a California employer may be liable to an at-will employee who relocates to accept a new employment position, when the employer’s description of the kind or character...more

Epstein Becker & Green

Amendments to New York City’s Fair Chance Act Require Most NYC Employers to Revamp Hiring Protocols

Epstein Becker & Green on

As we previously advised, the City of New York amended its Fair Chance Act (“FCA”)—also known as the “ban the box” law—which limits the types of inquiries employers can make regarding criminal history during the hiring...more

Jackson Lewis P.C.

New York City Enacts Amendments To New York City Fair Chance Act

Jackson Lewis P.C. on

Following Mayor Bill de Blasio’s non-action on the bill passed by the New York City Council in December expanding the scope of New York City’s Fair Chance Act (FCA), the amendments have become law. The amendments, which go...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: Second Circuit Allows Breach of Fiduciary Duty Claim to Proceed Based on Misrepresentation...

In Sullivan-Mestecky v. Verizon Communs. Inc., 961 F.3d 91 (2d Cir. 2020), the Second Circuit held that a claim under Section 502(a)(3) of ERISA could proceed, where the beneficiary pled that the plan and its agents...more

Harris Beach PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

Harris Beach PLLC on

The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Proskauer - Labor Relations Update

Employer’s Campaign Prediction That Employees Would Have To Join Union And Pay Dues As Condition Of Employment Not Coercive, NLRB...

The NLRB currently is churning out cases and Advice Memoranda at a fairly regular pace.  We recently discussed NLRB decisions addressing information requests, handbook statements, and confidential informants....more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

Holland & Knight LLP on

Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

Carlton Fields on

When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

Proskauer - Whistleblower Defense

Sanctions Award Strengthens Fight to Protect Confidential Company Records

On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his...more

Burns & Levinson LLP

Be Careful Not to Withhold Key Information When Courting a Potential New Hire or Business Partner

Burns & Levinson LLP on

So your company is considering getting into a new area of business, and to do so, it will have to hire a variety of talent. While the launch of the new venture is not a certainty, the prospects of it are enticing, and time is...more

K&L Gates LLP

The Dangers of Overcooking When Poaching

K&L Gates LLP on

As an employer, you want the best people working for your business. It's common to want to 'talk up' the business to a prospective employee and present the opportunity only in the most positive light. But just how far can you...more

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