News & Analysis as of

Risk Management Employer Liability Issues

Morgan Lewis

New Restatement Rule Expands Vicarious Liability for Employee Sexual Misconduct

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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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Even If You’re Right, You Can Still Get Sued

There’s a hard truth about being a plan sponsor or a plan provider: you can be doing everything right and still get sued. That’s the world we live in—especially in the retirement plan space. You can dot every “i,” cross every...more

Mintz

Real Versus Robot: Biometric Vetting in Hiring

Mintz on

3 Our recent post (Real Versus Robot) focused on the risks inherent in the virtual world of accidentally hiring a bot and provided some tips for ensuring bad AI-actors don't end up working inside an organization. Today's WSJ...more

Woods Rogers

Workplace Sexual Assault and Third-Party Risk: What’s the Tea in L&E?

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In this episode of What’s the Tea in L&E, Labor & Employment attorney Raven Burks joins host Leah Stiegler to unpack risks that all employers have when dealing with a sexual assault in the workplace to another employee or...more

Epstein Becker & Green

Tasked with Troubling Content: AI Model Training and Workplace Implications

The discussion of Artificial Intelligence (“AI”) in the workplace typically focuses on whether the AI tool and model has a discriminatory impact....more

Steptoe & Johnson PLLC

The New Face of Workplace Surveillance

Employers have begun utilizing biometric data collection methods, such as face recognition technology, as tools for workplace surveillance. Leveraging AI and assisted technology for surveying employees has become more...more

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

DOL/VETS SALUTE Program for USERRA Compliance: Considerations for Employers

On July 24, 2025, the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL/VETS) launched a program for employers to seek guidance for ensuring compliance with the Uniformed Services Employment and...more

Parker Poe Adams & Bernstein LLP

Employers Should Avoid Promises to Employees About Off-Premises Security

How should employers react to employee complaints of harassment or threats of physical violence from a former coworker? Once the company has terminated the coworker, concerns about retaliation against an employee by the fired...more

Dickinson Wright

$27M Verdict Warns Employers: Vet and Train Employees or Pay the Price

Dickinson Wright on

A recent $27 million jury verdict should put every employer, especially those in the hospitality, retail, and entertainment industries, on high alert: failing to properly screen and train employees can result in significant...more

Tucker Arensberg, P.C.

What Employers Need to Know After Supreme Court’s Reverse Discrimination Decision

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, 145 S. Ct. 1540 (2025), making clear that an employee-plaintiff who is a member of a majority group cannot be held...more

Mintz

Real Versus Robot: How to Make Sure You’ve Hired a Human

Mintz on

My colleagues recently wrote about the problems AI deepfakes pose in the workplace and some current legislation addressing the risks that AI poses through exploitative images on social media and in the workplace. It is...more

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

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The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more

Lathrop GPM

Liability Considerations for Developers and Users of Agentic AI Systems

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What Are Agentic AI Systems? Agentic AI systems are artificial intelligence technologies that: ..Operate autonomously, ..Adapt to changing environments, and ..Execute multi-step tasks based on user input or...more

Thomas Fox - Compliance Evangelist

Daily Compliance News: July 22, 2025, The I-9 Hell Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance...more

Hinshaw & Culbertson - Employment Law...

Critical New Compliance Updates on Employment Authorization Terminations for Employers of Foreign Nationals

Recent changes in U.S. immigration policy, including the revocation and termination of several humanitarian parole programs and Temporary Protected Status (TPS) designations, have created new compliance challenges for...more

Phelps Dunbar

DOJ Expands Whistleblower Rewards to Include Immigration Violations

Phelps Dunbar on

Since May 12, when the U.S. Department of Justice (DOJ) announced policy changes to the Corporate Whistleblower Awards Pilot Program (CWAP), employers now face increased scrutiny and potential risks due to the DOJ’s recent...more

Hogan Lovells

Navigating internal investigations in the Netherlands: Legal risks and practical solutions

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Why internal investigations matter Internal investigations are more than just fact-finding exercises. When handled properly, they help organizations: Uphold legal and ethical standards; Avoid litigation and regulatory fines;...more

A&O Shearman

UK employment developments July 2025

A&O Shearman on

As we move into the second half of 2025, several important developments are emerging that HR, legal and compliance teams should have on their radar. Employment Rights Bill: strategic planning starts now - The Employment...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Dickinson Wright on

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

Phelps Dunbar

[Webinar] When ICE Arrives: Navigating Worksite Compliance and Enforcement Risks in a New Environment - July 29th, 10:00 am CDT

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Join us for a conversation covering the policy changes to labor and employment law since the government changed immigration compliance initiatives. We will discuss the worksite enforcement changes that impact your company and...more

Frantz Ward LLP

AI Bias Case Against Workday Moves Forward, Heightening Employer Liability Risk with Recruitment Tools

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A high-profile lawsuit challenging algorithmic hiring practices is moving forward in Mobley v. Workday, Inc., a case with growing implications for employers using AI-driven recruiting tools....more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Preventing Class and Collective Actions

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This fifth installment of our series on employment arbitration delves into how an arbitration program can effectively eliminate multi-plaintiff, class, and collective actions brought by employees. The impact of eliminating...more

Seyfarth Shaw LLP

Safe Staffing Levels? OSHA and Legal Liabilities

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OSHA duty officers around the country routinely field complaints from employees and labor unions alleging workplaces are understaffed and unsafe. ...more

Lerch, Early & Brewer

Are You Watching Your Workers? What Employers Need to Know About Employee Surveillance

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As surveillance technology becomes cheaper, more powerful, and more widely used, many companies want to monitor productivity through surveillance to protect confidential information and ensure compliance with company...more

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