Search for: "Second Employers' Liability Cases"
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4 Mar 2011, 5:18 am
The second prong of the test, however, is objective. [read post]
24 Mar 2009, 7:51 am
The second case is Noonan v. [read post]
2 Oct 2017, 7:17 am
” In discussing whether the federal “substantial continuity” test applied to FLSA cases, the Wang court noted that the Second Circuit has not yet weighed in. [read post]
15 Nov 2017, 10:12 am
The employee who sued her employer in this case, called “M.F. [read post]
18 Oct 2013, 10:33 am
Employers and employees will, therefore, watch this case carefully to see if the Second Circuit rules that, pursuant to Comcast, the existence of individualized damages is a reason to deny class certification in full, only with respect to damages, or not at all. [read post]
20 Jun 2017, 4:00 am
., USCA, 2nd Circuit, Docket No. 15-1307 The New York Court of Appeals answered a certified question from the Second Circuit, holding that liability under §296(6) and under §296(15) of the New York State Human Rights Law [NYSHRL] is limited to an aggrieved party's employer. [read post]
6 Mar 2014, 10:43 am
If SCOTUS decides to hear this case, employers (in particular management) may finally get some clarity about the level of operational control that triggers individual liability, and Catsimatidis may soon be seeking a discount of a different kind from SCOTUS. [read post]
28 Mar 2013, 6:49 am
This Second Circuit case is also notable because it can be read as implicitly overruling a district court case from New York that took the minority position by ho [read post]
29 May 2016, 9:38 am
The paradigmatic model for products liability, however, frequently does not work for the three-way relationship of sales of products to large industrial employers. [read post]
7 Apr 2020, 8:25 am
Second, in such a case, the statute “may … permit[] damages remedies,” such as when an older job applicant incurred out-of-pocket costs to prepare for a discriminatory job-application process. [read post]
16 Feb 2014, 4:18 pm
Generally, a medical corporation might be vicariously liable for the wrongful acts of its employees, but under the doctrine of respondeat superior, liability extends only if those acts were committed in furtherance of the employer’s business. [read post]
16 Feb 2024, 1:17 pm
Feb. 9, 2024), affirming the district court’s decision to vacate an arbitration award for the employer in a pension fund withdrawal liability case. [read post]
23 Jun 2016, 11:01 am
Second, in Canada the courts impose a duty of good faith and fair dealing in their treatment of departing employees. [read post]
20 Mar 2018, 11:56 am
Leaving The Status Quo on Joint-Employer Status – For Now By settling these cases, both McDonald’s USA and the current NLRB avoid having to litigate and have a judge rule on whether franchisors like McDonald’s can be deemed a joint employer under the current Browning-Ferris test. [read post]
17 May 2012, 8:01 am
The Second Circuit, in a case of first impression, ruled that an employee is not protected against retaliation prohibited by Title VII of the Civil Rights Act of 1964 (“Title VII”) for participating in an investigation of sexual harassment conducted by an employer before a charge of discrimination has been filed with the Equal Employment Opportunity Commission (“EEOC”). [read post]
30 Aug 2018, 6:07 am
As to the issue of vicarious liability, employers can be held responsible for the negligent acts of employees – but they must be found to have been acting in the course and scope of employment. [read post]
4 Jan 2024, 5:00 am
In the case of Covanta v. [read post]
17 Apr 2023, 10:00 am
The court also declined the Second Circuit’s invitation to adopt an “internalization” standard that places on the employer broad liability for foreseeable harms. [read post]
21 Feb 2023, 2:00 am
The post Case Study: Appeals Court Gives Tough Break to Employers on ‘Essential’ Duties appeared first on HR Daily Advisor. [read post]
12 Jul 2016, 11:02 am
All employers should be attentive to and serious about workplace safety issues, particularly considering OSHA’s ongoing aggressive enforcement efforts and the potential for significant liability (including that the already substantial maximum penalty amounts are expected to be significantly increased in the near future). [read post]
