News & Analysis as of

Employer Liability Issues Statutory Interpretation

Genova Burns LLC

Third Circuit Further Narrows Employer Remedy Under Federal Computer Fraud and Abuse Act

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What can an employer do when its employee accesses data in a way that violates company policy? In the past, one avenue for relief was the Computer Fraud and Abuse Act (CFAA), a federal statute that creates the potential for...more

Marshall Dennehey

Commonwealth Court Reverses Dismissals, Holds Claim Petition Preserved Claims and Orders Remand

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Frank Jordan v. Lake Forest Development, et al. (WCAB); No. 621 C.D. 2024; August 19, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision that had dismissed multiple parties from a workers’ compensation...more

Seyfarth Shaw LLP

Branson Decision Finds that EPOA Applicants Need Not Be "Bona Fide"

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The Washington Equal Pay and Opportunities Act (EPOA) has been a hot topic after the filing of hundreds of putative class action lawsuits alleging that employers violated the EPOA by failing to include pay ranges and benefits...more

Morgan Lewis

New Interpretations from China's Supreme People’s Court: What Multinational Employers Need to Know

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The highest court in China recently released new interpretations regarding the application of laws in labor dispute cases, which took effect on September 1, 2025. These bring clarity to a range of employment issues in China,...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Requires Employer Intent for Customer Sexual Harassment Under Title VII

The Sixth Circuit in Bivens v. Zep, Inc. brushed aside the EEOC’s and several circuit court positions with respect to the standard to be used when determining an employer’s liability under Title VII for sexual harassment of...more

Saul Ewing LLP

Sixth Circuit Imposes Heightened Standard in Non-Employee Sexual Harassment Cases

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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

Seyfarth Shaw LLP

Minimum Wage Good Faith Defense and Labor Commissioner Appeal Scope

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The California Supreme Court held that an employer must prove that it made a reasonable attempt to decipher the requirements of the law governing minimum wages in order to avail itself of the good faith defense against...more

Foley & Lardner LLP

Employer Liability for Non-Employee Acts? Sixth Circuit Imposes High Standard and Rejects EEOC Guidance

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With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC’s guidelines (and split with several other circuits) to hold that the standard for holding an employer...more

Proskauer - Law and the Workplace

Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment

On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur. This...more

Vedder Price

Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

Vedder Price on

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

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

Québec Court of Appeal Finds That Employers May Be Liable for After-Hours Accidents

In a recent decision impacting Québec employers and workers, the Court of Appeal of Québec clarified the scope of work-relatedness necessary for an injury to be compensable under the Act respecting industrial accidents and...more

Littler

Sixth Circuit Limits Employer Liability for Harassment by Nonemployees

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On August 8, 2025, the U.S. Court of Appeals for the Sixth Circuit ruled an employer is not liable for harassment of an employee by a third party unless the employer intended for the harassment to occur. This stark departure...more

Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

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The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

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

Benesch

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

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When is an employer liable for the harassment of an employee by a non-employee? The Sixth Circuit answered this question on Friday in Bivens v. Zep, Inc., holding that Title VII imposes liability for customer (or other...more

Troutman Pepper Locke

Comments Submitted to New Jersey’s Proposed Regulation Expanding “ABC Test for Independent Contractor Status”

Troutman Pepper Locke on

The following comments were submitted by Richard J. Reibstein, the publisher of this legal blog, critiquing the proposed regulation of the New Jersey Department of Labor and Industry (the Department) regarding the so-called...more

CDF Labor Law LLP

Whistleblower Loses Fee Award Despite Jury Finding: Court Clarifies “Successful Action” Standard Under Labor Code Section 1102.5

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Retaliation Verdict Reversed Where Plaintiff Obtained No Relief - Can an employee prove retaliation at trial yet still recover nothing – not even attorney’s fees? According to a recent decision from the California Court of...more

Herbert Smith Freehills Kramer

The Supreme Court rules that individuals who no longer hold or seek to hold a job do not have standing to sue under the ADA for...

On June 20, 2025, the U.S. Supreme Court (SCOTUS) held in Stanley v. City of Sanford, Florida that a retired employee who could no longer hold or seek to hold her job could not sue under the Americans with Disabilities Act...more

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

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

Seyfarth Shaw LLP

SCOTUS on ACA Challenge: Seriously Guys, We’re Doing This Again?

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In a closely watched decision, the Supreme Court has upheld the authority of the U.S. Preventive Services Task Force (Task Force), preserving the Affordable Care Act’s (ACA) requirement that health plans cover preventive...more

Blank Rome LLP

Ding! Dong! U.S. DOL Assessment of Liquidated Damages Is Dead!

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The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated...more

Marshall Dennehey

A Costly Mistake

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Key Points: A workers’ compensation judge is not required to correct a mistakenly-issued Notice of Compensation Payable, but they may correct a mistakenly-issued Notice of Compensation Payable....more

Littler

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

Littler on

On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more

Littler

U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

Littler on

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

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Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

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