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Today's Popular Updates Employer Liability Issues

A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -

A North Carolina Federal Court Allows A Treble Damages Claim In Employee Data-Breach Lawsuit

by Ellis & Winters LLP on

As we have explored before, a common scam known as “W-2 phishing” can put companies in the crosshairs for data-breach lawsuits brought by their employees. In honor of Tax Day, today’s post examines an interesting recent...more

Beyond Title III: Website Accessibility Lawsuits Filed Alleging Inaccessible Online Employment Applications

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs who pursued numerous web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair...more

Uber Scores Big Win in Independent Contractor Misclassification Case

by Locke Lord LLP on

Yesterday, Uber Technologies, Inc. won a watershed case under federal and state wage laws on the issue of whether Uber drivers are independent contractors, as the company has steadfastly maintained. A federal district court...more

Need An OSHA-Authorized Trainer? Check Out OSHA’s New Online Database.

by Husch Blackwell LLP on

Need an authorized instructor to train your team? OSHA has launched a new online database of trainers who provide 10-hour and 30-hour OSHA outreach training courses. The site is searchable by location and provides contact...more

Pending New York State and City Legislation Materially Impacts Employer Policies and Practices Concerning Workplace Sexual...

by Davis Wright Tremaine LLP on

In the wake of national media coverage of sexual harassment claims and the #metoo movement, New York State and City lawmakers have proposed legislation placing more obligations on employers to address sexual harassment in the...more

Review of the Singapore Employment Act: What to Expect

by K&L Gates LLP on

The employment landscape in Singapore continues to evolve dynamically in tandem with the growth and maturity of its domestic economy and workforce. Accordingly, the Employment Act (“EA”), Singapore’s main employment...more

Cyber Law: Pennsylvania Supreme Court Watch

by White and Williams LLP on

The body of cybersecurity case law continues to grow. On April 10, 2018, the Pennsylvania Supreme Court is set to hear arguments regarding employers’ liability for data breaches in Dittman v. UPMC....more

Foreman’s Ignorance of OSHA Rules is No Defense to “Willful” Violation

A recent decision by the Eleventh Circuit held that the Occupational Health and Safety Administration (OSHA) was justified in assessing a “willful” safety violation–the agency’s most serious citation­–against an HVAC...more

The GDPR Covers Employee/HR Data and It's Tricky, Tricky (Tricky) Tricky: What HR Needs to Know

by Dickinson Wright on

The European Union (EU) General Data Protection Regulation (GDPR) comes into effect on May 25, 2018, so in less than 60 days. While many companies have been working to ensure compliance with respect to their customer and...more

What a Fool Believes? These Non-Fake Employment News Stories

by Littler on

Over the last few months, many employees have sounded the alarm about sexual harassment (not funny). One issued a false alarm about an impending nuclear disaster (also not terribly funny). Sometimes Human Resources...more

It ain't cool to be an April Fool.

The classic employment law/HR mistakes will always be with us. But are you ignoring these newer issues, hoping they're just flashes in the pan? Don't be an April fool! 1. Reassessment of marijuana testing in the workplace. If...more

Blog: M&A: Key Considerations in Transactions with EU Employees

by Cooley LLP on

The employment law landscape across the EU Member States is often markedly different from that in the US. Here, we take a look at five important employment issues to be aware of when a transaction includes employees in the...more

Are Franchisees Employees? California Court Says No

In October 2017, four franchisees filed a federal complaint against the global convenience store chain, 7-Eleven, seeking to represent a purported class of over 1,000 similarly situated 7-Eleven franchisees in California. The...more

Recent Decisions Suggest that Employers Cannot Terminate or Refuse to Hire Medical Marijuana Cardholders for Failing a Drug Test

by Tucker Arensberg, P.C. on

Two recent decisions from Rhode Island and Massachusetts suggest that employers cannot terminate or refuse to hire medical marijuana cardholders for failing a company drug test. Although these decisions are not binding in...more

Recent OSHA Regulatory Shifts May Address Concerns About Electronically Submitting Workplace Injury and Illness Data

Recent OSHA activity indicates possible changes in the scope and enforcement of the newly-created Improve Tracking of Workplace Injury and Illnesses Rule (Electronic Reporting Rule). OSHA intends to collect less data than the...more

Our Nominees for the Top 20 California Employment Law Risks to Agriculture Employers

by Davis Wright Tremaine LLP on

California agricultural employers must be mindful of the federal, state, and local laws on the books, many of which pose traps for the unwary. Here are some of the most important employment and labor legal issues warranting...more

An Employee’s Right Of Erasure Under The GDPR

by Jackson Lewis P.C. on

The implementation of the European Union’s General Data Protection Regulation (GDPR), with an effective date of May 25, 2018, is just around the corner, and with it will come pressure on the human resources (HR) department to...more

Massachusetts Attorney General Issues Guidance on New Equal Pay Law

On March 1, 2018, the Massachusetts Attorney General (AG) issued detailed guidance on the amendments to the Massachusetts Equal Pay Act (MEPA), which are set to go into effect on July 1, 2018. The amendments, which were...more

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

by Fisher Phillips on

The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

by Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

About face: court finds biometric information creates unique privacy rights

Just two months after an Illinois appellate court dismissed a similar complaint alleging a violation of the Illinois Biometric Information Privacy Act (BIPA), a California federal court found that a claim asserted under BIPA...more

The Massachusetts Attorney General Issues Guidance on Sweeping Changes to the Massachusetts Equal Pay Act

by Hogan Lovells on

In advance of the July 1, 2018 implementation of extensive amendments to the Massachusetts Equal Pay Act (“MEPA”), the Attorney General (“AG”) issued its Guidance on March 1, 2018. While the Guidance does not have regulatory...more

OSHA Considering Changes to Silica Rule

by Sherman & Howard L.L.C. on

OSHA may soon make it easier for employers to comply with the agency’s Respirable Crystalline Silica in Construction Standard. The standard, which OSHA announced in 2016 and began to fully enforce last fall, seeks to protect...more

California Supreme Court Departs From Federal Law in Overtime Calculations

by McGuireWoods LLP on

Although most states follow federal law in calculating overtime and other wage and hour issues, California does not. The California Supreme Court reinforced this principle on March 5, 2018, when it held in Alvarado v. Dart...more

Into The Weeds: Will California Employment Law Protect Medical Marijuana Users?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users. California—already famous (or infamous) as a sanctuary in the immigration area—could soon become...more

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