Key Considerations for Companies Navigating Global Remote Work: Part 1 – Immigration
Workplace Sexual Assault and Third-Party Risk: What’s the Tea in L&E?
Daily Compliance News: August 11, 2025, The Boss Doesn’t Work Edition
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Off the Clock, On the Radar: Managing Off-Duty Conduct and Workplace Impact
Daily Compliance News: July 22, 2025, The I-9 Hell Edition
Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act
(Podcast) California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
Essential Steps to Sell Your Business
Workplace Risks Meet Holistic Legal Solutions: One-on-One with Adam Tomiak
Legal Shifts in 2025 Put Employer Non-Compete Strategies at Risk - Employment Law This Week® - Spilling Secrets Podcast
Podcast - How Do You Define Success?
Hiring Smarter: Best Practices for Interviews: What's the Tea in L&E?
New Executive Order Targets Disparate Impact Claims Nationwide - #WorkforceWednesday® - Employment Law This Week®
Podcast - The Law as a Force for Change
Strategic HR Insights with Kelly Mitchell
Work This Way: A Labor & Employment Law Podcast - Episode 41: Employment & Labor Law Issues for Construction Companies with Bridget Blinn-Spears of Maynard Nexsen
Stumbling Your Way Into a Union: Key Advice for Employers: What’s the Tea in L&E?
California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
Recently, in a case titled Bivens v. Zep, Inc., the Sixth Circuit Court of Appeals ruled that an employer will only be liable for a customer's harassment of an employee when the employer intends for such harassment to occur....more
Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is...more
When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more
In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g.,...more
An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more
Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not...more
The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...more
For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more
In an explicit departure from EEOC guidance and other federal court caselaw, the United States Court of Appeals for the Sixth Circuit recently held that an employer can only be liable for a client/customer’s harassment of its...more
A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more
If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...more
A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more
A federal court recently denied a franchisor’s motion to dismiss a workplace-abuse lawsuit filed by its franchisee’s employee because the employee stated a claim upon which relief could be granted under Federal Rule of Civil...more
The landscape of workplace harassment has evolved beyond physical offices, after-hours texts and off-site events. Employers now face a sophisticated and deeply unsettling threat: deepfake technology. Once the domain of tech...more
A New York intermediate appellate court, applying New York law, has held that an insurer had no coverage obligation for a third lawsuit filed against its insured that was deemed related to two earlier lawsuits that were filed...more
There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful...more
On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the...more
On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer...more
In a controversial decision, the American Law Institute (ALI) approved a novel “Special Rule on Vicarious Liability for Sexual Assault” that endorses a new strict liability tort claim against employers for certain sexual...more
Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more
During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace. Whether moral, institutional, environmental or sexual, harassment is a burning topic and the French...more
In Rice Enterprises LLC v. RSUI Indemnity Co., the Third Circuit Court of Appeals affirmed the district court’s finding that the insured was not entitled to coverage from its employer’s liability insurer or its umbrella...more
Social media has been extensively used, and abused, since its inception. For all the beneficial and valid uses of social media, there is a seemingly equal number of improper, illegal, and even criminal uses. Employers have...more
Internal investigations are among the most legally sensitive and operationally disruptive processes for employers—especially when allegations of sexual harassment, discrimination, or retaliation arise. The inherent complexity...more
Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more