Tag: liability

AB 1897: California’s New Labor Contracting and Client Liability Law

California Governor Jerry Brown recently signed AB 1897 thereby creating new liability for businesses that engage in labor contracting.  Current California law prohibits employers from entering into labor or services contracts with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, if the employer knows or should know that the agreement does not … Continue Reading

California Supreme Court Clarifies When a Franchisee’s Employees Can Bring Employment Claims Against the Franchisor in Taylor Patterson v. Domino’s Pizza, LLC

In Taylor Patterson v. Domino’s Pizza, LLC, the California Supreme Court restricted the ability of a franchisee’s employees to sue the franchisor based on theories of vicarious liability and the theory that the franchisor was an “employer” under California’s Fair Employment and Housing Act (“FEHA”). With this decision, franchisors can breathe a sigh of relief as … Continue Reading

Part 2 of 2: Supreme Court Rules That “Supervisors” Under Title VII Must Have Power to Take Tangible Employment Actions

On Monday, we blogged about the first of two recent U.S. Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”), University of Texas Southwestern Medical Center v. Nassar.  Today, we’ll discuss the second decision, Vance v. Ball State University, which addressed who is a “supervisor” for vicarious liability purposes … Continue Reading

Supreme Court Upholds “Cat’s Paw” Theory In Employment Discrimination Cases

Today the Supreme Court issued its opinion in Staub v. Proctor Hospital, upholding the "cat’s paw" theory of employer liability, under which employers are liable for discrimination where lower-level supervisors with discriminatory motives influence, but do not make, adverse employment decisions made by higher-level managers.  The near unanimous opinion, authored by Justice Scalia, is likely to … Continue Reading

How To Avoid Holiday Party Pitfalls (and Liability)

According to recent poll by the Society of Human Managers (SHRM), fewer employers are foregoing holiday parties this year than in 2009. Although the economy continues to sputter, many employers likely see the traditional holiday party as a relatively inexpensive way of boosting morale and creating good will among their employees.  Some employers approach party planning … Continue Reading

Washington Supreme Court Decides Morgan v. Kingen – Bankruptcy is No Defense

The Washington Supreme Court issued a decision today in Morgan v. Kingen, holding that bankruptcy is not a valid defense to a willful withholding of wages under RCW 49.52.070.  The plaintiffs in this case worked at Funsters Grand Casino in SeaTac, Washington.  The casino was not a success and the owners voluntarily filed for Chapter 11 bankruptcy … Continue Reading
LexBlog