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Vicarious Liability Employer Liability Issues

Robinson & Cole LLP

Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile...

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On August 1, 2024, the Connecticut Supreme Court ruled in O’Reggio v. Commission on Human Rights and Opportunities that the definition of “supervisor” set forth by the U.S. Supreme Court in Vance v. Ball State University to...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Rodemer Kane Attorneys at Law

Work-Related Car Accidents: Who Is Responsible?

When it comes to workplace-related incidents, the question of liability can often be complex and nuanced. One common scenario involves damage to an employee's car while parked in the employer's parking lot. This article...more

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

ArentFox Schiff

Grounds for Liability: Massachusetts Appeals Court Evaluates Standard for Employer’s Vicarious Liability

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This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

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On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

Freeman Law

Employer Liability for Acts of Employee | Texas Supreme Court Revisits Vicarious Liability, the “Come-And-Go” Rule, and the...

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On December 30, 2022, the Texas Supreme Court issued its opinion in Cameron International Corporation v. Martinez, __ S.W.3d __, 2022 WL __ (Tex. Dec. 30, 2022) (per curiam) (“Cameron”). The opinion addresses vicarious...more

Littler

Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

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Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more

Stikeman Elliott LLP

Ontario Court Affirms that Workplace Sexual Harassment is not an Independent Tort

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The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more

Amundsen Davis LLC

Beware! – Illinois Employers Can Be Liable For An Employee’s Negligence

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Courts in the United States are split on whether a company’s acknowledgment of vicarious liability for an employee’s negligence, bars a claim of direct negligence against the company. Based on appellate court decisions,...more

Amundsen Davis LLC

Illinois Supreme Court Rejects Long Standing Rule and Now Allows Claims for Direct Negligent Actions Against Employers When Agency...

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In an opinion handed down on April 21, 2022, the Illinois Supreme Court reversed Illinois law and now allows direct and vicarious liability actions against employers. The decision, McQueen v. Green, 2022 IL 126666, now allows...more

Haight Brown & Bonesteel LLP

Should an Employer be Held Vicariously Liable for a Motor Vehicle Accident Its Employee Caused on Her Way Home After Working the...

A California Court of Appeals affirmed an employer’s Motion for Summary Judgment on that question, finding that the employer was not vicariously liable in a recent opinion. The case involves Clanisha Villegas, who worked for...more

McGlinchey Stafford

When Will My Non-Compete Agreement End? - The Bullet Point: A Commercial Law Bulletin

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Saul Ewing LLP

Federal Court of Appeals Holds Contractor Liable for Employee's OSHA Violation

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A recent decision from the United States Court of Appeals for the Fifth Circuit held a Texas highway contractor liable for its supervisor’s involvement in a subordinate employee’s violation of workplace safety rules. See...more

Hogan Lovells

Only joking - UK employer not liable for workplace horseplay

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In Chell v Tarmac Cement and Lime Ltd, the Court of Appeal of England and Wales confirmed that an employer was not vicariously liable when a workplace prank carried out by one of its employees injured another person working...more

FordHarrison

Employer, You May Be Responsible for That: Vicarious Liability and Netflix’s Squid Game

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According to Cornell Law School’s Legal Information Institute, respondeat superior is “[a] legal doctrine, most commonly used in tort, that holds an employer or principle legally responsible for the wrongful act of an...more

Genova Burns LLC

NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case

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On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more

Pillsbury - Policyholder Pulse blog

Reopening Workplaces: Employer Insurance Coverage for Sexual Harassment Claims Against Employees

For both good and ill, the COVID-19 pandemic has altered every facet of personal and professional life. For example, many employees have enjoyed unprecedented freedom to work remotely. However, with vaccines becoming more...more

Goulston & Storrs PC

Who can be Liable for Violation of the NYC Anti-Discrimination Laws? An Update

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Plaintiffs in employment discrimination lawsuits have tried to sue in New York City because its anti-discrimination laws have been labelled the “most progressive in the nation.”...more

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

FordHarrison

Employers in BET’s Twenties Test the Waters with Respect to Sexual Harassment and Discrimination

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In its “Enforcement Guidance: Vicarious Liability for Unlawful Harassment by Supervisors,” the U.S. Equal Employment Opportunity Commission (EEOC) notes, “The standard for employer liability for hostile work environment...more

Burr & Forman

South Carolina Employment Law Letter: 4th Circuit delivers blow to Title VII punitive damages

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In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...more

Rumberger | Kirk

Using Vicarious Liability to Defeat Employer Negligence Claims

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In lawsuits involving commercial trucking accidents, plaintiffs frequently sue the driver’s employer for vicarious liability (respondeat superior and/or dangerous instrumentality doctrine), as well as for negligent hiring,...more

Lathrop GPM

The Franchise Memorandum - Issue 249

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Since December 1997, The GPMemorandum has been presenting summaries of recent legal developments of interest to franchisors and companies...more

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