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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 -

#MeToo Impacts Harassment Damages/Taxes

by Sherman & Howard L.L.C. on

The recently-enacted Tax Cut and Jobs Act (the “Tax Act”) includes an unheralded change to the tax law that will directly affect sexual harassment settlements. As a direct result of the recent highly-publicized cases...more

Legal Issues Business Leaders Need to Know in 2018

by Arnall Golden Gregory LLP on

In recent years, the CFPB has struck fear into the C-suites of financial services companies. The agency was extraordinarily active in rulemaking that addresses every aspect of lending, prepaid cards and arbitration clauses in...more

Suing Your Employee? Don't Try This at Home

by Faegre Baker Daniels on

In Petter v EMC Corporation [2015] EWCA Civ 828, a U.K. subsidiary and its U.S. parent company were prevented by the English courts from continuing non-compete proceedings against an employee in the court of Massachusetts....more

First Major Worksite Enforcement Action of 2018 Targets 100 7-Eleven Stores Nationwide in a Sign of What Business Can Expect under...

by Arnall Golden Gregory LLP on

On January 10 Department of Homeland Security agents raided 100 7-Eleven stores nationwide as part of an effort to ensure employees' legal work authorization in the United States. This week’s raids stemmed from a 2013...more

Recent Illinois Appellate Court Ruling Could End The Recent Flood Of Class Action Lawsuits Against Employers Under Illinois'...

by Littler on

Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more

New Hampshire, Pennsylvania, Vermont May Restrict Use Of Non-Compete Agreements In Employment

by Jackson Lewis P.C. on

Proposals to restrict the use of non-compete agreements in employment have been introduced in New Hampshire, Pennsylvania, and Vermont. This appears to be the continuation of a trend that started nearly a year ago. On...more

Business Litigation Alert: "Legal Issues to Watch in 2018"

by Porter Hedges LLP on

Last year was filled with many headline-making issues. As we begin to look at 2018, here are three issues we are closely tracking....more

Illinois’ BIPA statute – Finally Some Good News for Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

Illinois Appellate Court Delivers Potentially Fatal Blow To “No-Injury” Lawsuits Under The Biometric Information Privacy Act

by Locke Lord LLP on

On December 21, 2017, an Illinois appellate court issued an opinion that will significantly slow down the onslaught of putative class action lawsuits filed under Illinois’s Biometric Information Privacy Act (“BIPA”). In...more

Take 5 Newsletter December 2017 - 2017 Wrap-Up & Heads-Up: The Top Workforce Management Issues of 2017

by Epstein Becker & Green on

Addressing Workplace Sexual Harassment in the Wake of #MeToo - Revelations of the Harvey Weinstein scandal, and those that have followed, have ignited sexual harassment complaints against employers across all industries....more

SCOTUS Declines to Hear Sexual Orientation Discrimination Case

The United States Supreme Court has denied certiorari in the case of Evans v. Georgia Regional Hospital, in effect leaving in place an Eleventh Circuit ruling that Title VII of the Civil Rights Act of 1964 does not cover...more

Employer’s False Statements Opposing Workers' Compensation Claim Not Privileged Against Liability Under the Insurance Frauds...

In People ex rel. etc. v. Hebb (No. E066471, filed 12/19/17), a California appeals court held that false or fraudulent statements given in opposition to a workers’ compensation claim are not privileged from liability under...more

California Imposes New Rules on Employers in Worksite Enforcement Actions

by BakerHostetler on

With clear indications from the Trump administration that worksite immigration enforcement is near the top of the agenda for 2018, the state of California has taken a pre-emptive step to protect workers who may be affected....more

Illinois Appellate Court Turns The Tide In Favor Of Employers In Class Actions Brought Under The Illinois Biometric Privacy Act...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

In-House Counsel: How to Avoid Missteps in the Social Media Minefield

by Ward and Smith, P.A. on

While social media has become ubiquitous, attorneys are subject to particular restrictions online. During Ward and Smith’s 2017 In-House Counsel Seminar two attorneys reviewed some of the potential pitfalls in-house counsel...more

Retail and Consumer Products Law Roundup - December 2017

The Battle Over CFPB Leadership Continues - Although the first round in the battle over leadership of the Consumer Financial Protection Bureau went to President Donald Trump’s pick for the position, the fight continues,...more

Criminal antitrust prosecutions still loom for employers with ‘no-poaching,’ ‘wage-fixing’ agreements

by Thompson Coburn LLP on

Agreements to refrain from soliciting another company’s employees (“no poaching” agreements) recently came under increased scrutiny — including the ominous potential for felony charges. A year ago, under the Obama...more

Defending Data-Breach Lawsuits Brought By Employees (Part 1 of 2)

by Ellis & Winters LLP on

As we’ve previously discussed, companies are often sued by their customers and business partners after a data breach. Another increasingly common source of data-breach litigation comes from within: companies’ own employees. ...more

November 2017 Independent Contractor Misclassification and Compliance News Update

by Locke Lord LLP on

This past month’s legal developments in the area of independent contractor misclassification and compliance was notable for some non-class action cases: one where two office workers in New York, who were found by a jury to...more

Year-End Employment Tax Reminder: Don’t Forget to Withhold FICA Taxes on Vested Deferred Compensation Benefits

Under federal tax law, non-qualified deferred compensation benefits are subject to a special timing rule that requires the employer to withhold Social Security and Medicare taxes (FICA taxes) when such benefits vest. While...more

New North Carolina Law Provides Mechanism for Prosecuting Worker Misclassification

by Womble Bond Dickinson on

On August 11, 2017, the North Carolina Employee Fair Classification Act (EFCA) was signed into law. The new law, which will take effect on December 31, 2017, provides a mechanism that allows workers to more easily report—and...more

Happy Holidays, from Human Resources

by McNair Law Firm, P.A. on

As Thanksgiving 2017 recedes into a memory, Hanukkah is here, Christmas just around the corner, and a strange slow week between a Monday Christmas and following Monday New Year’s Day. It is the season for office holiday...more

Overseas Affiliate Not Subject to Title VII Jurisdiction

Employment laws and standards of conduct greatly vary from country to country. U.S. employees working overseas for their U.S. employer generally enjoy the same legal protections as if they were working at home. ...more

Update on State and Local Bans on Salary History Inquiries

by Goodwin on

A number of jurisdictions have recently passed laws prohibiting employers from inquiring into the salary history of job applicants, sometimes as a part of broader pay equity laws. New York City’s salary inquiry ban is in full...more

The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

by Littler on

While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more

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