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Tag: Employer Liability


Research

Case Study: Employer’s Aggressive Tactics Allow Court to Deny Enforcement of Noncompete

November 14, 2022

Via: HR Hero

Massachusetts enacted significant noncompete reform in 2018. Under Massachusetts law, noncompete agreements entered after October 1, 2018, can only be used and enforced if they comply with the standards of the Massachusetts Noncompetition Agreement Act (MNAA). Unless all the MNAA […]


Communication, Development & Evaluation

The Customer Isn’t Always Right: Addressing Third-Party Discrimination

November 4, 2022

Via: HR Hero

In pursuit of customer satisfaction, employers may be inclined to take a hands-off approach when customers or other third parties exhibit discriminatory conduct towards their employees. This can be a costly mistake. Courts have repeatedly held employers responsible for the […]


Research

Where’s the Harm? Court Splits on Title VII Liability for Lateral Transfers

September 7, 2022

Via: HR Hero

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving […]


News

Multiple Managers’ Failures to Report Harassment Complaints Fuel Lawsuit

August 16, 2022

Via: HR Hero

An employer that had a sexual harassment policy but that failed to train its employees on the policy—and failed to insist that managers who received complaints forward them to the HR department—will face a jury trial in an Ohio federal […]


Research

Astroworld Aftermath: Three Employer Takeaways

December 20, 2021

Via: HR Hero

In the aftermath of the Astroworld music festival gone wrong, event organizers are reconsidering the safety risks at large events. Live Nation and other organizers of the Houston festival are facing numerous lawsuits based on injuries and deaths caused by […]


Research

Ruling Helps Employers Ending Union Pension Funding

November 15, 2021

Via: HR Hero

The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently issued a long-awaited decision about the appropriateness of interest rate assumptions used by union pension funds to calculate withdrawal liability. The court affirmed a district court’s opinion holding […]


News

Employee Misconduct at Off-Site Party May Qualify as Workplace Harassment

July 16, 2021

Via: HR Hero

Is an employer liable for employee misconduct at “after-hours” gatherings? When a trial court adopted a narrow view of what constituted “the workplace,” an appeals court weighed in using a “totality of the circumstances” test. Party, the After-Party, and After-Party […]


Communication, Software

HR Leaders Beware: Employer Liability and FMLA

September 27, 2017

Via: Spark

Employer liability for FMLA (Family Medical Leave Act) violations can be a tricky topic for HR leaders, especially considering a recent ruling from the Second Circuit of the U.S. Court of Appeals. The court’s decision in Graziadio v. Culinary Institute […]