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2 Jun 2017, 8:12 am by The Law Offices of John Day, P.C.
Regarding the vicarious liability claim, the Court noted that in order to establish that an employer should be held vicariously liable for the actions of its employee, “the plaintiff must prove that the employee was acting within the course and scope of his employment when the injury occurred. [read post]
Individual Liability In regard to the individual defendants, the Third Circuit cited to case law under the FLSA and FMLA providing that an individual may be subject to liability when he or she exercises "supervisory authority over the complaining employee and was responsible in whole or part for the alleged violation" while acting in the employer’s interest. [read post]
31 Aug 2020, 3:30 am by Gregory Keating
Over time, that liability transformed into the liability of employers for the torts of their employees committed within the scope of their employment.1 If the broad outlines of the history are clear, both the doctrine and the justification are not. [read post]
19 Oct 2015, 3:00 am by Fox Williams & Sink
Employment Discrimination Case – Cat’s Paw Theory In 2011, in the matter of Staub v. [read post]
1 Mar 2011, 1:01 pm by cparker
Supreme Court has weighed in on an awaited decision in a case involving a “cat’s paw” theory of liability. [read post]
20 Jun 2022, 5:23 am by Gregg Hollander
However, when there is no “right to control,” like in the case of an independent contractor, vicarious liability is harder to establish. [read post]
22 Dec 2023, 7:01 am by Class Action Defense
The Illinois trial court’s decision in this case underscores the danger … Continue reading "The Class Action Weekly Wire – Episode 43: Employer Liability Under BIPA: First Class-Wide Summary Judgment BIPA Ruling" [read post]
29 Sep 2017, 3:44 pm by Elizabeth Sigety
Another case has been decided adding to the back and forth in the legal world on the issues of a joint employer relationship of a franchisor and its franchisee and vicarious liability and agency between a franchisor and franchisee. [read post]
5 Aug 2011, 10:10 pm by Los Angeles Lawyer
This concept in motor vehicle liability can be applied in the recent case involving Google Inc and one of the automated vehicles. [read post]
4 Feb 2022, 2:44 am by Cari Rincker
It’s the entire scope of risk from being in business, including employment-related issues, careless business partners and employees, and contractual obligations, as well as personal liabilities. [read post]
27 Mar 2015, 11:12 am by Sharifi Firm, PLC
In a recent case, the California Court of Appeals for the Fourth District entered a decision regarding the liability of an individual’s employer for an employee who was involved in a car accident on the way to an employment related course. [read post]
17 May 2012, 8:59 am by sally
“Sympathy with victims of sexual abuse should not be grounds for courts to extend the law on compensation ‘infinitely’ and impose extra liabilities on employers, the court of appeal has been told. [read post]
24 Apr 2017, 7:23 am by Amy Howe
Nelson and Tyrrell filed lawsuits in state court in Montana under the Federal EmployersLiability Act, a federal law that allows railroad workers to sue their employers when they are injured. [read post]
19 Mar 2018, 3:57 am by Jourdan Day, Porter Wright
The post Supervisory Status Key in Assessing Liability in Sexual Harassment Cases appeared first on HR Daily Advisor. [read post]
19 Mar 2018, 3:57 am by Jourdan Day, Porter Wright
The post Supervisory Status Key in Assessing Liability in Sexual Harassment Cases appeared first on HR Daily Advisor. [read post]