News & Analysis as of

Employer Liability Issues Duty of Care

Lewitt Hackman

Franchisor 101: Duty of Care

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The Texas Supreme Court reversed a lower court’s decision against a franchisor based on a theory of negligence after a customer was assaulted by an employee of the franchisee. The court concluded that franchisor did not owe a...more

Maison Law

Worker's Comp Versus Personal Injury in California

Maison Law on

According to the United States Bureau of Labor Statistics, a reported 419,000 private-sector employees in California sustained workplace injuries and illnesses in 2022. Workplace incidents in the state claimed 508 employees'...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Winthrop & Weinstine, P.A.

What You Need to Know About the Minnesota Supreme Court Decision on Negligent Selection of Independent Contractors

The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of “negligent selection of an independent contractor.” This development holds significant implications for businesses that engage...more

Faegre Drinker Biddle & Reath LLP

Menopause in the Workplace: A Multi-Faceted Issue

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more

Bond Schoeneck & King PLLC

NY Employers Face Expanded Liability for Negligent Supervision

Can a New York employer be held liable for economic losses suffered by a party that has no business relationship with the employer based on an employee’s unauthorized fraudulent scheming? This issue was recently presented to...more

Goodell, DeVries, Leech & Dann, LLP

Take-Home COVID Claims Should Not Prevail in Maryland and D.C.

The COVID-19 pandemic has taken an unthinkable toll on the United States, taking over 1.1 million American lives in the past three years.[1] In the pandemic's aftermath, some families of those taken by the disease and others...more

Beveridge & Diamond PC

California Employers are not Liable for the Spread of COVID-19 to Household Members

The California Supreme Court held this month that employers do not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members. Kuciemba v. Victory Woodworks, Inc., S274191 (July...more

Davis Wright Tremaine LLP

California Supreme Court Finds Employers Not Liable for Nonemployees' Take-Home COVID-19 Claims

The state's Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees' household members. Although the Court, in Kuciemba v. Victory Woodworks,...more

Harris Beach Murtha PLLC

California Holds Employers Have No Duty to Protect Employees’ Households from COVID-19

The California Supreme Court has answered in the negative the Ninth Circuit Court of Appeals’ certified question regarding “take-home” COVID-19 exposure (see Federal Appeals Court Asks California If Covid-19 “Take Home” Suits...more

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

California Supreme Court Holds Employers Do Not Owe Duty of Care to Prevent the Spread of COVID-19 Outside the Workplace

The Supreme Court of California recently held that the California Workers’ Compensation Act (WCA) does not bar an employee’s spouse from bringing a negligence claim against the employer where the employee contracts COVID-19...more

Fisher Phillips

PEO Pointers: Rare COVID-19 Win for California Employers, But Keep Your Guard Up

Fisher Phillips on

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance....more

CDF Labor Law LLP

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

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The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more

Jackson Lewis P.C.

California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for Employers

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The California Supreme Court in Kuciemba v. Victory Woodworks, Inc was asked to rule on two questions by the 9th Circuit: 1. If an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, causing...more

Hinshaw & Culbertson - Employment Law...

A Pair Beats Four of a Kind: Take-Home COVID and the 'Rowland' Duty Factors

Repeatedly, people would make these and other more colorful comments whenever I would describe my case pending before the California Supreme Court: Because a construction worker swore the only place he could have contracted...more

Parker Poe Adams & Bernstein LLP

California Supreme Court Says Employers Not Liable for COVID-19 Spread to Employees' Family Members

Last week, the California Supreme Court responded to a request from the Ninth Circuit Court of Appeals to clarify whether an employer can be sued for negligence based on an employee who contracts COVID-19 at work and later...more

Fisher Phillips

California Supreme Court Shuts Down COVID-19 Liability Claim from Worker’s Wife: 4 Key Takeaways for Employers

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The California Supreme Court handed employers a win last week by making it clear that they do not have a duty to prevent the spread of COVID-19 to employees' household members. The court didn’t go so far as to say such claims...more

Polsinelli

11th Circuit Data Breach Decision Highlights Employer Obligations to Protect Employee Personal Identifiable Information From Third...

Polsinelli on

Earlier this month, the United States Court of Appeals for the Eleventh Circuit issued a decision restricting employers’ abilities to fight off putative class action claims regarding data breach and cyberattacks on employee...more

Stikeman Elliott LLP

Salina v. Investors Group: Employers Do Not Owe a Duty of Care to Employees in Connection with Workplace Investigations

Stikeman Elliott LLP on

In Salina v. Investors Group Financial Services Inc., 2023 BCS41 C 86 (the “Decision”), the Supreme Court of British Columbia (the “Court”) considered the question of whether an employer owes its employee a duty of care in...more

Proskauer - California Employment Law

California Supreme Court to Determine Scope of Employer Liability for At-Home Spread of COVID-19

Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts...more

Hogan Lovells

Only joking - UK employer not liable for workplace horseplay

Hogan Lovells on

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

Fisher Phillips

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

Fisher Phillips on

A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

Parker Poe Adams & Bernstein LLP

New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more

Littler

Dutch employers: take action against sexual harassment!

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In the Netherlands, employers are liable for harm suffered by employees during their work. This can include psychological damage due to sexual harassment....more

Jackson Lewis P.C.

The Year Ahead: Litigation Hot Spots at a Glance

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With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

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