News & Analysis as of

Third-Party › Negligence › 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

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

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

Morris James LLP

Finger Amputations at Work: Understanding Your Rights and the Path to Recovery

Morris James LLP on

Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

Stark & Stark on

When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...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

Zelle LLP

Employee Health Information: Separate and Secure

Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Nexsen Pruet, PLLC

Employment Law Update - Danger Ahead: Employer Liability For Third-Party Harassment

Nexsen Pruet, PLLC on

On April 29, 2014, the Fourth Circuit Court of Appeals held that employers can be liable for third-party harassment under a negligence standard. In doing so, the court joined other circuits in establishing that employers can...more

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