News & Analysis as of

Vendors 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

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

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

Fisher Phillips

What PEOs Need to Know About the Current State of Workplace AI Regulation

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As employers across the country embrace the use of artificial intelligence in their workplace activities, federal and state lawmakers are lining up to consider guardrails on common AI practices. From hiring to performance...more

Davidoff Hutcher & Citron LLP

Asset Protection 101 for New York Restaurant Owners with Real Estate Interests

Owning and operating a restaurant in New York comes with significant financial and legal responsibilities—especially when real estate is part of your investment portfolio. As a restaurant owner, you face unique risks that can...more

MoFo Employment Law Commentary (ELC)

The “Preventative Duty”: New Law Places Active Duty On Employers In The UK To Prevent Sexual Harassment In The Workplace

Employers in England, Scotland and Wales are now required to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. New legislation, the Worker Protection (Amendment of...more

Amundsen Davis LLC

When External Vendors Create Internal Problems: Managing Harassment from Outside Sources

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Most employers have policies and procedures in place to maintain an atmosphere of safety and mutual respect in the workplace. These policies often prohibit employees from engaging in unlawful behavior, such as harassment,...more

Seyfarth Shaw LLP

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

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In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

Fisher Phillips

New York Lawmakers Aim to Close Loopholes in NYC’s AI Bias Audit Law and Add Teeth to Workplace Protections

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At least two proposed bills pending before the New York State Legislature would force employers to conduct bias audits and provide high levels of transparency if they use AI-fueled automated employment decision tools for...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your March To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

DCI Consulting

[Webinar] 2024 Expert Summit for Employment Attorneys - February 28th, 2:30 pm EST

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DCI Consulting is excited to present its second annual Expert Summit for Employment Attorneys. DCI is providing this Expert Summit as a service to the legal community. The webinars that comprise the Expert Summit will focus...more

Stark & Stark

Recent NJ Appellate Division Offers Guidance on Sexual Harassment of Non-Employees

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The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law...more

Miller Canfield

Howdy Stranger, You're My Employee? NLRB Issues Final Rule on Joint-Employer Status

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On October 26, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that makes it much easier for the NLRB to find a company to be a "joint employer" of persons directly employed by its contractors, vendors,...more

Constangy, Brooks, Smith & Prophete, LLP

What does the Supreme Court’s recent LGBTQ+ opinion mean for employers? Probably not much.

In 303 Creative v. Elenis, the U.S. Supreme Court held that Colorado could not take legal action against a graphic designer who refused to create custom wedding websites for same-sex marriages because of her religious...more

Polsinelli

U.S. State Privacy Law Update

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In 2023, new comprehensive data privacy laws come into effect in five states — California, Colorado, Connecticut, Utah, and Virginia. The California Privacy Rights Act of 2020 (CPRA) and the Virginia Consumer Data Protection...more

Proskauer - Law and the Workplace

What to Do When Your Timekeeping System Crashes

A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software.  With your timekeeping systems compromised, how do you determine what to pay your...more

Benesch

First Ever BIPA Trial Results in a $228 million Judgement Against Railway Company that Relied on Third Party Vendor to Collect...

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The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors. On October 12, 2022, a jury found...more

McDermott Will & Schulte

The 411 on Employment Background Checks in Transactions

Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more

BakerHostetler

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

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For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

Jackson Lewis P.C.

Tenth Circuit Affirms Dismissal of Locum Tenens’ Discrimination Claims Because Physician Was Not A Hospital Employee

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Title VII prohibits discrimination at the workplace based on race, color, sex, and national origin. But, only “employees” can bring claims under Title VII as the law does not protect independent contractors. The Tenth Circuit...more

Fisher Phillips

An Employer’s Guide to Navigating Third-Party Vaccine Mandates on Visitors, Vendors, and More

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As employers implement their own internal COVID-19 protocols and procedures, many have the additional burden of complying with third-party vaccine policies or enforcing their own vaccine policies upon non-employees such as...more

Shutts & Bowen LLP

Employer Insights: Florida’s E-Verify Requirements in 2021

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Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021. The law makes the use...more

Greenberg Glusker LLP

Accidental Joint-Employment Relationships: Getting More Than You Bargained For

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Whatever your business—design, production, talent management—you likely focus on your actual core strengths and subcontract labor through outside vendors for work like security, janitorial maintenance, website design. While...more

Robinson & Cole LLP

Running a Successful COVID-19 Testing Program: Considerations for Employers Using Third-Party Vendors

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As COVID-19 cases continue to surge, many employers have implemented a variety of safeguards to limit the spread of COVID-19 in their workplaces. One safeguard being utilized is a COVID-19 testing program. As a preliminary...more

Littler

Ontario, Canada Court of Appeal Confirms Past Experience with Vendor in Asset Purchase Transaction a Factor in Calculating...

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The recent decision of the Ontario Court of Appeal in Manthadi v. ASCO Manufacturing, 2020 ONCA 485, analyzed the common law approach to the calculation of reasonable notice when a vendor terminates a worker’s employment in...more

Fisher Phillips

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

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As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

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