Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
Winter storms create challenges for employees and employers alike, with snow, sleet, and freezing rain adding unwelcome stress and hassles. An employer has certain responsibilities when it comes to responding to weather conditions. To eliminate uncertainty and confusion inside the workplace, employers are advised to create a comprehensive emergency weather plan.
A recent class action suit filed by two Oakland Raiders cheerleaders alleges that the NFL team violated labor laws, including paying less than minimum wage and illegally requiring them to pay expenses out of their per-game salaries. Add this to the fairly lengthy list of off-season concerns facing one of last season’s worst teams in football.
What to do? Your colleague begins to choke on his sandwich at lunch. The courier trips on loose carpet in your office lobby. Your co-worker goes into anaphylactic shock. What to do? Good Samaritan laws are designed to indemnify individuals who provide reasonable assistance to others in a time of emergency. The laws are intended to encourage assistance without fear of legal repercussion for unintentional injury or wrongful death. These laws have an interesting role in the office setting.
Federal authorities recently commenced an investigation targeting a global financial services firm’s alleged practice of hiring the children of powerful Chinese officials, often through a program that used lower hiring standards for those with elite pedigrees, to help the firm win lucrative business in China. The investigation provides an excellent backdrop to discuss the risks associated with nepotism in the workplace.
Most employers understand the significant consequences of sexual harassment at the workplace and take proactive measures to train employees about proper conduct. However, liability is not limited to the conduct of employees. Employers also have a responsibility to prevent sexual harassment by third parties such as clients, vendors, patients, and customers, when the employer knows about the conduct and fails to take any corrective action. Although third-party harassment is reportedly just as common, many employers do not take appropriate steps to prevent it.
Those with conflicting political views may still agree that many questions remain unanswered regarding the implementation of the Affordable Care Act, a/k/a “Obamacare.” The US Supreme Court recently agreed to address at least one of those lingering questions when it granted certiorari to hear Sebelius v. Hobby Lobby Stores. The issue in Hobby Lobby is whether an employer may be subject to fines under the ACA for failing to provide health insurance coverage that includes the provision of birth control to employees. The plaintiff claims that this provision in the Act impermissibly conflicts with its religious views.
Sitting down to dinner but still have a long to-do list from the office? Hear your work e-mails pinging as you watch the game? Not a problem that you can’t handle with your smartphone or tablet. Whatever your take on this 24/7 connectivity, it is undeniable that the proliferation of mobile devices has made working away from the office easier and perhaps expected by employers (and clients). While such a policy may result in an increase in productivity, it can also create a legal risk for employers, namely, unexpected claims for overtime pay.
Thanks to the developing news regarding the Miami Dolphins, workplace bullying has generated national attention. There has been considerable press of late concerning school bullying and its impact on children but it is now clearer than ever that in some environments, bullying can exist in the workplace and can cause serious damage to professionals and their employers.
The Family Medical and Leave Act (FMLA) provides job security to employees who require time away from work due to illness or the need to care for family. By some accounts, the FMLA is one of the most difficult employment laws for an employer to administer and therefore is a risk management “legal labyrinth.” In particular, the seemingly simple task of calculating the duration of FMLA leave can be daunting.
Would you pay attention if we told you that Stefani Germanotta allegedly failed to pay her assistant over $375,000 in overtime pay? What if we told you Stefani Germanotta usually goes by “Lada Gaga”? Reportedly, the uber-famous singer reached a settlement in the 2011 FLSA lawsuit filed by her former personal assistant. The lawsuit serves as a reminder to employers of all sizes that unless their employees meet the requirements of the administrative exemption test, they must be paid overtime under the Fair Labor Standards Act.