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Workplace Safety Employment Litigation Employer Liability Issues

Blake, Cassels & Graydon LLP

Risques à surveiller en matière de congédiement déguisé

Les risques d’allégations de congédiement déguisé demeurent une préoccupation importante pour les employeurs canadiens, en particulier dans le contexte de changements opérationnels. Les tribunaux considèrent qu’un...more

Husch Blackwell LLP

Washington Establishes New Standard for Deliberate Injury Exception in Latent Disease Cases

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In May 2025, the Supreme Court of Washington overruled previous precedent regarding the deliberate intent to injure exception related to workers’ compensation immunity for employers, finding that an employee may sue its...more

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

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

Littler

Virginia’s New “Vulnerable Victim” Law Increases Employers’ Potential for Vicarious Liability in Personal Injury and Wrongful...

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A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by...more

Proskauer - California Employment Law

If You’re Experiencing a Massive Jury Verdict, Hang Up and Dial 911!

A California jury did it again! Last Thursday, a Los Angeles jury awarded $27.5 million to a former chief nursing officer of a hospital for the alleged post-traumatic stress disorder and other psychological problems she...more

Cranfill Sumner LLP

Understanding the Limits of Employer Liability Under North Carolina’s Woodson Exception

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The exclusivity provision of the North Carolina Workers’ Compensation Act (the “Act”) normally prevents an employee from suing his employer in civil court for work injuries.  The employee is normally relegated to filing a...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July 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. To ensure you stay on top of the latest changes and have an action plan for...more

Littler

Deepfakes and Digital Harassment: What Employers Need to Know in 2025

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The landscape of workplace harassment has evolved beyond physical offices, after-hours texts and off-site events. Employers now face a sophisticated and deeply unsettling threat: deepfake technology. Once the domain of tech...more

Parker Poe Adams & Bernstein LLP

Workers' Compensation Exclusivity Does Not Prevent Claims Against Employer's Officers as Landlords

For employers, workers' compensation laws act as both a sword and a shield. While injured employees do not have to prove negligence resulting in the injury, they cannot sue the employer for personal injury outside of the...more

K&L Gates LLP

Harassment in the Workplace: A Major Challenge for Employers in France

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During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace. Whether moral, institutional, environmental or sexual, harassment is a burning topic and the French...more

Farella Braun + Martel LLP

[Webinar] Speech, Safety, and the Law: When Politics Enter the Workplace - May 29th, 9:00 am - 10:00 am PT

Political conversations are common in the workplace. While employees value their free expression, several practical steps can serve a dual purpose of supporting employee well-being while minimizing risks. These risks include...more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Holland & Knight LLP

Podcast - The Law as a Force for Change

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and...more

Goldberg Segalla

Labor Law Update - Spring 2025

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The spring edition reveals an emerging pattern in addressing the Sole Proximate Cause defense and compliance with the Labor Law. It has been well established that the Sole Proximate Cause Defense will not apply if there was a...more

Conn Maciel Carey LLP

[Webinar] MSHA Whistleblower Update and Understanding 105c - April 22nd, 10:00 am PT

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Whistleblower complaints represent a distinct category of MSHA investigations, primarily rooted in employment law rather than safety and health regulations. This distinction often leads to misunderstandings and mishandling by...more

Carr Maloney P.C.

When is an injured worker’s own conduct a defense to liability under New York’s Scaffold Law?

Carr Maloney P.C. on

In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold...more

Marshall Dennehey

Did the Cat Move the Ladder?

Marshall Dennehey on

Key Points: New York appellate decision gives defense counsel firm ground on which to defend a standard § 240(1) case. In Simpertegui v. Carlyle House Inc., 209 N.Y.S.3d (1st Dept. May 9, 2024), a “ladder-fall” case, the...more

Seyfarth Shaw LLP

Report From Final Day of the 2025 ABA OSHA/MSHA Law Conference

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The final day of the ABA Workplace and Occupational Safety and Health Law Committee Midwinter Meeting began with a panel discussion on mental health, behavioral issues, and workplace violence. Many employers and practitioners...more

Morgan Lewis

French Employers May Decline Internal Investigations for Misconduct or Noncompliance

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The Défenseur des Droits published on February 5, 2025 a framework decision confirming that employers are not required to conduct an internal investigation unless they receive claims of discrimination or sexual harassment...more

Fisher Phillips

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

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the White House acted in the first days of President Trump’s second term. In order to ensure you stay on...more

Bradley Arant Boult Cummings LLP

Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning

At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create...more

Fisher Phillips

New Laws for New York Employers in a New Year: What to Know as 2025 Unfolds

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Employers in New York State and New York City face unique challenges given all the new workplace laws that are passed each year – and 2024 was no different. Indeed, multiple bills were enacted in the past year that will raise...more

Littler

New York Significantly Expands Workers’ Compensation Coverage for Work-Related Stress Claims

Littler on

On December 6, 2024, Governor Kathy Hochul signed new legislation, S.6635/A.5745, to support employees facing job-related mental health issues. The law, which went into effect on January 1, 2025, will allow any employee to...more

Fisher Phillips

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

Fisher Phillips on

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

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

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