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Employer Liability Issues › Appeals › Temporary Employees

Spilman Thomas & Battle, PLLC

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

Spilman Thomas & Battle, PLLC on

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

ArentFox Schiff

Soltero v. Precise Distribution, Inc.: Key Takeaways for Employers Relying on Arbitration Agreements for Temporary Workers

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Employers supplementing their workforce with temporary workers may be out of luck if they wish to rely on arbitration agreements between the temporary helper and the staffing provider. The California Court of Appeal, Fourth...more

Genova Burns LLC

A Forklift Operator Walks into a Bar

Genova Burns LLC on

On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

Fisher Phillips on

A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Stoel Rives - World of Employment

California Court of Appeal Calls into Question the Validity of Employee Non-Solicitation Provisions

Stoel Rives - World of Employment on

California Business and Professions Code section 16600 invalidates any contract restraining anyone from engaging in a lawful profession, trade, or business. While this language has been understood to prohibit non-compete...more

Seyfarth Shaw LLP

Staffing Agency Class Settlement Bars Subsequent Case Against Agency’s Client

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Seyfarth Synopsis: Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency’s client....more

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

Wisconsin Employers Now Subject to Tort Lawsuits for Temporary Workers’ Workplace Injuries

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

On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

Parker Poe Adams & Bernstein LLP on

Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more

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