Tag: Liability

Ask the Expert: How Can Employers Hold Employees Liable for Property Damage?

Question: We provide laptop computers to all our personnel. Many employees damage them during employment or return them with damage upon leaving employment. What are our options for recouping from employees the costs of repairing or replacing the damaged employer-owned materials? Answer: Basically, the company’s two main options for recuperating losses for damage to company […]

Can Music in the Workplace Be a Potential Liability?

The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employees) agrees with the Genius from Georgia, at least when it comes to music businesses allow to be […]

Special Delivery: Considerations for Pregnant Employees

The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or childbirth. Let’s look at how the PDA and the PWFA affect employers who have pregnant employees. We’ll be using West Virginia’s version as an example, […]

10th Circuit Rejects Harassment Charges, Revives Premises Liability Claim

The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the summary dismissal of a sexual harassment discrimination lawsuit against a pipeline construction company and a pipeline operator’s successor-in-interest but sent the related premises liability claim back to the lower court.

Tips for Managing Discharge Risks

Employment decisions can be difficult. Which applicant do we hire? Should we grant this employee’s request for leave? What type of discipline do we impose on a particular worker? Each decision carries varying degrees of risk. One of the riskiest decisions you’ll face will be whether to discharge a particular employee. Before making the decision, […]

Ruling Helps Employers Ending Union Pension Funding

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 the Ohio Operating Engineers Pension Fund’s use of the “Segal Blend” violated the Employee Retirement […]

COVID-19

WV Jobs Protection Act Reopens Doors by Shielding Liability for COVID-19

From layoffs to leave laws, mandated vaccinations to limitations on services or materials, almost every business has been affected by COVID-19 in some way over the last year. The concern that has been top of mind for nearly all employers, however, is how to keep your employees safe from the virus and your business safe […]

Amazon Studios’ The Boys Illustrates Potential Vicarious Liability for Employers

Warning: Contains spoilers for Amazon Studios’ The Boys. Within the past week or so, I started to watch an Amazon Studios television series called The Boys. Based on a comic book series of the same name, The Boys posits a world in which superheroes—referred to as “supes”—exist and are in the employ of global conglomerate […]

descriptions

Job Descriptions: Worth Doing or a Tedious Waste of Time?

Job descriptions—usually seen as just another task on the to-do list for HR professionals—are generally an underused resource. But you can rely on them for a variety of reasons, including recruiting, performance reviews, reasonable accommodations, and employee classification.