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Third-Party › Employment Litigation › Employer Liability Issues

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

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

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

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

Parker Poe Adams & Bernstein LLP

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

Parker Poe Adams & Bernstein LLP on

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

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

Steptoe & Johnson PLLC

Understanding the Impact on Employers of West Virginia’s Formal Recognition of Negligent Supervision Claims

Steptoe & Johnson PLLC on

In a recent important decision, the Supreme Court of Appeals of West Virginia formally recognized that a third party can sue an employer for negligent supervision of an employee, even if the employee’s intentional or reckless...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Finds That an Employer’s Third Party Agents May Be Held Directly Liable for Violations of California’s...

Sheppard Mullin Richter & Hampton LLP on

On August 21, 2023, the California Supreme Court held in Raines v. U.S. Healthworks Medical Group that a business entity acting as an employer’s agent can be held directly liable under California’s Fair Employment and Housing...more

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

California Supreme Court Holds Employers Do Not Owe Duty of Care to Prevent the Spread of COVID-19 Outside the Workplace

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

The Supreme Court of California recently held that the California Workers’ Compensation Act (WCA) does not bar an employee’s spouse from bringing a negligence claim against the employer where the employee contracts COVID-19...more

Bradley Arant Boult Cummings LLP

You Fired My Dad! Fifth Circuit Rules Title VII Retaliation Ban Does Not Cover Third-Party Claim

Bradley Arant Boult Cummings LLP on

Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer...more

Troutman Pepper Locke

Agreement Between the Parties Dictates Whether a Third Party Bonus Should be Included in the Calculation of Overtime Pay

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Q.  A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline.  Does the FLSA require my company to account for these third-party bonuses when...more

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