Search for: "Second Employers' Liability Cases"
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23 Oct 2011, 8:12 am
This case involved a dispute between an injured worker's employer and another company with which that employer had a contract. [read post]
22 May 2012, 6:20 am
The Faragher/Ellerth defense is an affirmative defense to an employer's vicarious liability for a hostile work environment created by a supervisor of the plaintiff employee. [read post]
4 Oct 2010, 6:26 pm
In determining whether an individual is an "employer" and thus individually liable, the Second Circuit has held that "the overarching concern is whether the alleged employer possessed the power to control the workers in question with an eye to the 'economic reality' presented by the facts of each case. [read post]
12 Sep 2019, 11:59 am
” Based on the facts presented here, pinning liability on the employer, in this case, was unlikely. [read post]
14 Sep 2016, 10:36 am
The United States Supreme Court first validated employer liability under the “cat’s paw” theory in Staub v. [read post]
14 Sep 2011, 5:45 am
Ricci is now rippling into the Second Circuit, where it all started.The case is Briscoe v. [read post]
10 Jul 2017, 4:00 am
In a recent automobile accident case out of Shreveport however, the Louisiana Second Circuit Court of Appeal affirmed that employer “permission” in Louisiana provides a wide berth to an employee and can result in unexpected liability. [read post]
8 Aug 2017, 4:15 am
As such, the plaintiff’s case was dismissed, and the employer successfully defended itself from all claims of racial discrimination. [read post]
29 Jun 2015, 3:32 pm
” In addition, the Second Circuit held that the employer’s decision not to initiate an “informal, interactive process” with plaintiff to assess whether his disability can be reasonably accommodated, did not give rise to an independent cause of action because the “ADA imposes no liability for an employer’s failure to explore alternative accommodations when the accommodations provided to the employee were ‘plainly… [read post]
29 Jan 2019, 6:20 am
If you’re dealing with a smaller dollar settlement at least you know that your liability is capped in some way, and a formal MSA may not be needed. [read post]
29 Jan 2019, 6:20 am
If you’re dealing with a smaller dollar settlement at least you know that your liability is capped in some way, and a formal MSA may not be needed. [read post]
27 Aug 2015, 1:11 pm
Moreover, do not think for a second that this expansion of joint-employer liability will stop at the NLRB. [read post]
24 Jun 2013, 7:13 am
Supreme Court cases to come down that have an impact on employment law. [read post]
14 Mar 2010, 11:17 pm
Employer can avoid disparate-impact liability based evidence that its test was validRicci et al. v. [read post]
7 Sep 2023, 10:15 am
The Second Circuit upheld the jury award, but reaffirmed principles favorable to employers. [read post]
15 Jul 2016, 8:34 am
This recent case out of the Second Circuit, Gilman v. [read post]
9 Sep 2020, 6:00 am
When a plaintiff takes a voluntary nonsuit in a case asserting vicarious liability against an employer for its employee’s negligence, that plaintiff can re-file pursuant to the savings statute, even if the employee was voluntarily dismissed from the first case. [read post]
25 Dec 2020, 10:00 am
The law requires employers to report COVID-19 cases to their workers’ compensation carriers. [read post]
8 Nov 2023, 10:27 pm
The High Court quashed the decision of the Court of Appeal, concluding that the employer could not be attributed with Mr Hewett’s liability for negligence. [read post]
11 May 2010, 6:39 am
The Second Circuit says you cannot, borrowing its analysis from cases interpreting Title VII.The case is Spiegel v. [read post]
