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Employer Liability Issues Third-Party Service Provider

Bricker Graydon LLP

Boost Workplace Safety and Lower Ohio Workers’ Comp Premiums with a Drug-Free Safety Program

Bricker Graydon LLP on

All Ohio employers are required to maintain workers’ compensation insurance coverage for their employees, which can be a significant business expense. ...more

DirectEmployers Association

DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools

Interesting story for employers whose ATS uses AI for hiring activities! Listen in as Candee and John discuss the Mobley v. Workday case in which a District Court recently ruled that Workday acts as agent of the employer,...more

Miller Canfield

Federal Court in Texas Strikes Down NLRB Joint Employer Rule and Reinstates Prior Trump Era Rule

Miller Canfield on

On Friday, March 8, 2024, the United States District Court of the Eastern District of Texas entered an order that struck down the National Labor Relations Board's recently adopted 2023 regulations defining joint employer...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

Segal McCambridge on

Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

A&O Shearman

Social elections 2024: Know your GDPR obligations

A&O Shearman on

Compliance with GDPR requirements is a key factor when you plan and conduct social elections. Since the social elections procedure involves the processing of a lot of personal employee data, for example, the list of...more

Burr & Forman

DOL Publishes Proposed Rule to Allow Third-Party & Union Participation in OSHA Walkthroughs

Burr & Forman on

The Occupational Safety & Health Administration (“OSHA”) can conduct inspections for several reasons, including as a response to an employee complaint, after the report of a fatality or injury, and in accordance with an...more

Littler

OSHA Wants to Revise its Worker Walkaround Representative Policy – Should Employers Be Concerned?

Littler on

On August 29, 2023, the U.S. Occupational Safety and Health Administration (OSHA) released a proposed rule that would resurrect an Obama-era policy that allowed employees to designate third-party representatives to accompany...more

CDF Labor Law LLP

California’s FEHA Liability Extends to Service Providers

CDF Labor Law LLP on

A recent unanimous California Supreme Court decision makes clear that when third-party entities provide services to employers with California applicants and/or employees, they may risk being held liable under the FEHA....more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

Segal McCambridge on

On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Barnea Jaffa Lande & Co.

Stricter Obligations on Recipients of Contract Workers’ Services

The Israeli National Labor Court has issued a new ruling that expands the responsibilities of employers who use contractors in specific fields of services (cleaning, guarding, and security). The ruling ensures employers’...more

Jackson Lewis P.C.

Wisconsin Wage And Hour Law: Rounding Employee Time

Jackson Lewis P.C. on

Wage and hour claims, particularly those asserting class or collective violations, comprise a significant percentage of employment law claims across the country, and Wisconsin is no exception. Improper rounding and other...more

Hinshaw & Culbertson - Employment Law...

OSHA Guidance on Preparing to Return to Work Includes Recommendations for White Collar Businesses

The Occupational Health and Safety Act (the OHS) was signed into law in 1970 and established the Occupational Health and Safety Administration (OSHA), as part of the U.S. Department of Labor. Under the so-called "general...more

K&L Gates LLP

COVID-19: Working with Third-Party Service Providers and Their Personnel for a Safer Reopening

K&L Gates LLP on

As states start to lift or relax restrictive measures implemented at the outset of the COVID-19 pandemic, many businesses are preparing to reopen in some capacity. As highlighted in K&L Gates’ recently published Reopening...more

Spilman Thomas & Battle, PLLC

This Too Shall Pass: and Then What? Part 1 - Logistics of Returning Employees to the Workplace

Many businesses have been shuttered or have reduced their operations to an on-site skeleton crew supporting droves of teleworkers. At some point, most will reopen and bring their employees back into the workplace. Though the...more

Fisher Phillips

California AG Revises Proposed CCPA Regulations

Fisher Phillips on

On February 10, 2020, the Attorney General issued revisions to the proposed regulations to the California Consumer Privacy Act (the CCPA) which were originally published in October of last year. While the Attorney General...more

Littler

Implementing Illinois’ AI Video Interview Act: Five Steps Employers Can Take to Address Hidden Questions and Integrate Policies...

Littler on

In a 2019 survey Littler conducted of over 1,300 in-house counsel, HR professionals and C-suite executives, more than 35% responded that their organization is using artificial intelligence (AI) in the recruiting and hiring...more

Ervin Cohen & Jessup LLP

AB 5: When Legislators and Lobbyists Collide

What happens when legislative efforts are met with focused pressure from a variety of industries, civic groups and professional lobbyists? Witness pending Assembly Bill 5, a hopelessly confusing mixture rules and exceptions...more

Spilman Thomas & Battle, PLLC

Virtually Independent Contractors or Employees - Department of Labor Takes a Look

In a recent opinion letter, the United States Department of Labor concluded that workers who use a “virtual marketplace” business – similar to Uber, DoorDash, Instacart, or Rover – are independent contractors and not...more

Nilan Johnson Lewis PA

Tech Support Independent Contractor Class Claims Climbing

Nilan Johnson Lewis PA on

Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”)...more

Holland & Knight LLP

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

Holland & Knight LLP on

• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

Ballard Spahr LLP

DOL Issues Opinion Letter That May Provide Guidance on Independent Contractors in the Gig Economy

Ballard Spahr LLP on

The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more

Foley & Lardner LLP

The “Joint-Employer” Saga Continues

Foley & Lardner LLP on

Litigation continues over the standard for determining how and under what circumstances a joint-employer relationship can exist. On December 28, 2018, the United States Court of Appeals for the District of Columbia Circuit...more

Bradley Arant Boult Cummings LLP

New Year, New Data Security Requirement: South Carolina Adopts New Data Security Law

On January 1st, South Carolina became the first state to adopt the model insurance data security law requiring certain insurance licensees to investigate and report cybersecurity events in the state of South Carolina. The law...more

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

Data Breach in Brief: Knowing the Risks and Protecting Your Company

Data breaches continue to be an unfortunate risk that companies face with increasing frequency. In this podcast, Rebecca Bennett, Stephen Riga, and Justin Tarka discuss data breaches from both a U.S. and EU perspective,...more

Troutman Pepper

Employers Must Comply with Detailed Requirements When Having a Third Party Perform Background Checks

Troutman Pepper on

Q: Are there certain rules an employer must follow when conducting background checks or employees and prospective employees? ...more

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