News & Analysis as of

Employer Responsibilities Employer Liability Issues

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away, Part 2

Seyfarth Shaw LLP on

Benefits and Beyond: What Happens to PTO, Health Insurance, Retirement Plans, and other Benefits?...more

Venable LLP

Love on the Clock: Four Essential Tips for Employers Managing Workplace Relationships

Venable LLP on

From iconic on-screen couples to tangled webs of fictional workplace drama, office romances have long captured the public imagination. But these storylines reflect a very real dynamic that employers often face and must...more

Constangy, Brooks, Smith & Prophete, LLP

Employers, can team-building get you sued? Four risks, four solutions

Don't go off the deep end. Alison Green of the Ask a Manager blog had a great column in Slate this week about over-zealous employer team-building activities. Here’s the intro: “You’re not leaving yet, are you? Team karaoke...more

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

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

FordHarrison

EntertainHR: Jokes Aside—What Hacks Teaches Us About Bad Bosses

FordHarrison on

Viewers’ introduction to Deborah Vance, played by Jean Smart, is of the aging comedian on stage, resplendent in her signature glitter, telling the final joke of her set for what we soon discover is her very long-running Vegas...more

Jackson Lewis P.C.

Massachusetts Moves to Protect Colleges and Healthcare Nonprofits from Wage Act Lawsuits

Jackson Lewis P.C. on

On June 30, 2025, Massachusetts Governor Maura Healey gave partial approval to the Fiscal Year 2026 budget, which included a new provision that offers certain higher education institutions and nonprofit healthcare...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

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

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

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

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

Husch Blackwell LLP

NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

Husch Blackwell LLP on

The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Dickinson Wright

Sixth Circuit Raises Bar for Employer Liability for Customer Harassment of Employees

Dickinson Wright on

In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more

Foley & Lardner LLP

DHS Issues E-Verify Status Change Report to Alert Employers of Revoked Employment Authorizations

Foley & Lardner LLP on

One of the hallmarks of the new Trump administration is the saying “Promise Made, Promises Kept.” As to immigration enforcement, the administration is fulfilling its promise for strict enforcement of federal law. Illegal...more

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away

Seyfarth Shaw LLP on

Let’s face it—no one wants to think about what happens when an employee dies. It’s a deeply human moment, and yet, somewhere between the condolences and the memorial service, someone in Human Resources is quietly asking: “So…...more

Friling Law

OSHA Retaliation Claims Under Section 11(c): A Legal and Practical Guide for Employers

Friling Law on

Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

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

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

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

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

DOL Resurrects PAID Program to Supervise Employers’ Self-Audits and Settlements of Potential FLSA and FMLA Violations

On July 24, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced it would once again oversee the Payroll Audit Independent Determination (PAID) program, allowing employers to self-report...more

Morgan Lewis

New Restatement Rule Expands Vicarious Liability for Employee Sexual Misconduct

Morgan Lewis on

The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more

Spilman Thomas & Battle, PLLC

Understanding DEI Policies in the Workplace Today

Diversity, Equity and Inclusion (DEI) has been a hot topic. In 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. Harvard, 600 U.S. 181 (2023), eliminating race as a factor for college...more

Spilman Thomas & Battle, PLLC

NLRB’s Acting General Counsel Provides Employers with Sweet Guidance About Union “Salts”

Unions sometimes use a strategy called “salting” to organize employees. It occurs when a union sends a union member (a “salt”) to an unorganized job site to obtain employment and then organize the employees. Because job...more

Spilman Thomas & Battle, PLLC

Understanding Virginia's Whistleblower Laws and How Employers Can Avoid Lawsuits

Virginia has two main laws protecting whistleblowers. The oldest, the Fraud and Abuse Whistle Blower Protection Act (Act), Virginia Code §§ 2.2-3009 et seq., previously applied only to federal and state agencies before being...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 2, August 2025

Welcome to our latest issue of SuperVision. In this edition, we cover the latest Supreme Court ruling regarding reverse discrimination, navigating lawful DEI approaches, recent trends in unionizing efforts, and the new...more

BakerHostetler

NLRB General Counsel Gets Salty: Directs Regions to Take a Closer Look at Whether an Applicant for Employment in a ‘Salting’ Case...

BakerHostetler on

On July 24, William B. Cowen, the acting general counsel (GC) of the National Labor Relations Board (NLRB or Board), issued GC Memorandum 25-08 (Memo) to the Board’s regional offices (Regions) to provide guidance on...more

Poyner Spruill LLP

US Department of Labor Brings Back Self Audit Settlement Option for Employers

Poyner Spruill LLP on

In late July, the US Department of Labor (USDOL) announced that it was reinstating the Payroll Audit Independent Determination (PAID) Program to allow employers to correct FLSA and FMLA mistakes in a supervised audit....more

1,570 Results
 / 
View per page
Page: of 63

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide