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Risk Management Employer Liability Issues Employment Litigation

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

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

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

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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

Dickinson Wright

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

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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

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

Woods Rogers

Hiring Smarter: Best Practices for Interviews: 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 Mike Gardner joins host Leah Stiegler for a deep dive into best practices for conducting interviews. They highlight the critical role of documentation in...more

Seyfarth Shaw LLP

Pay Equity Studies in Focus: Navigating Privilege and Public Disclosure Risks

Seyfarth Shaw LLP on

A recent decision from the U.S. District Court in Kansas—Spears v. Thermo Fisher Scientific—ruled that a pay equity analysis conducted primarily for business purposes was not protected by attorney-client privilege or the work...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 2

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Managing litigation risk should be a priority for all employers. Mandatory employment arbitration programs create a framework of dispute resolution that helps give employers a measure of control and predictability over their...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 1

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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

Blank Rome LLP

Breaking—Supreme Court Unanimously Lowers Bar for “Reverse Discrimination” Claims: Ames v. Ohio Department of Youth Services...

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The U.S. Supreme Court issued a landmark, unanimous decision in Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025) on June 5, 2025, fundamentally altering the landscape for “reverse discrimination” claims under...more

Amundsen Davis LLC

Actual vs. Apparent Authority: Limiting Business Liability From Unauthorized Employee Actions

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As a business grows and adds new members to the team, it can be difficult to identify what role each person plays and their level of authority. While some have the ability to make important decisions on behalf of the...more

McDermott Will & Schulte

Risk Management in the Modern Era of Workplace Generative AI

Generative artificial intelligence (GenAI) is becoming more prevalent in the workplace, including as a tool for human resources (HR) leaders to use in their employment practices. At the same time, close to a dozen states have...more

Epstein Becker & Green

Time is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims

The complex web of federal and state wage and hour laws create potentially devastating risk of exposure for employers....more

Kaufman & Canoles

[Event] 41st Annual Employment Law Update - May 15th, Hampton, VA

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Managing risk in the employment law circus isn’t always easy when the rules change like they are contortionists. The 41st Annual Employment Law Update will highlight recent changes to the law and how employers can most...more

Bradley Arant Boult Cummings LLP

How to Protect Your ESOP from Lawsuits Over Cash Holdings

At least four lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has...more

Dentons

Communication is Everything – What HR Managers Need to Know

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As a manager or even a co-employee, how you interact with others is a critical component of your job. Many employment lawsuits are built on a failure to communicate as well as fundamental communication errors. Many HR...more

Weintraub Tobin

(Podcast) California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability

Weintraub Tobin on

In this episode of California Employment News, Meagan Bainbridge and Ryan Abernethy break down the latest PAGA reforms and what employers need to know to reduce penalties and stay compliant. From new cure opportunities to...more

Oppenheimer Investigations Group

The Good, the Bad, and the Mediocre: Conducting Investigations that Pass Muster in Related Litigation and Arbitration

Presumably, the decision must have seemed reasonable to the employer at the time. It was 2010, and Romeo Mendoza, a nurse and mid-level supervisor at Western Medical Center Santa Ana (known as Orange County Global Medical...more

Holland & Hart - Employers' Lawyers

Wyoming Legislature Takes a Bite Out of Covenants Not to Compete

Brad Cave by Brad Cave Governor Gordon signed a bill this week to significantly narrow the enforceability of covenants not to compete under Wyoming law.  While the new law leaves Wyoming businesses with a few options to...more

A&O Shearman

Pensions in dispute - March 2025

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Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration, and trustees update their knowledge and understanding. This briefing highlights recent...more

Morgan Lewis

Artificial Intelligence in Employment: Key Takeaways

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Artificial intelligence (AI) offers employers considerable advantages, such as improved productivity, enhanced decision-making, and the ability to streamline various business processes. However, the adoption of AI technology...more

Bass, Berry & Sims PLC

Navigating Tennessee Background Check Laws: A Guide for Employers

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Employers in Tennessee face a complex legal landscape when conducting background checks on job applicants. Ensuring compliance with state and federal laws is essential to mitigate legal risks and maintain fair hiring...more

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