The rise of the independent contractor model has brought to light some significant concerns about liability, negligence, and the type of control and screening companies that operate on an independent contractor must adhere to. For example, in 2017, Massachusetts set its sites on Uber and Lyft. Ride-sharing apps tout lower
Employers can be held liable for racial bias for specific actions that they take against applicants and employees. Through vicarious liability principles, they can also be held liable for the actions of their employees. Hiring Decisions Employers are prohibited from basing hiring decisions off of an applicant’s race or color.
Employers and human resources staff are often put in the difficult position of trying to determine whether or not to conduct a workplace investigation. It can be taxing to decide whether information warrants an official workplace investigation. However, by following these guiding principles, this decision can be easier. A Report
Employers are often held responsible for the actions of their employers through vicarious liability principles. However, one way to guard against claims of discrimination or harassment is to develop clear and effective nondiscrimination policies and to follow the instructions included in these plans. Non-Discrimination Policies Nondiscrimination policies may be included
An Upjohn Warning is a disclosure to employees of a company that legal representation is not extended to individual employees but rather covers the company only. Upjohn warnings are typically issued when an internal investigation is ongoing, or if the company is being investigated by regulators. Sometimes called a Corporate
Texas employers can be held liable for harassment that occurs in the workplace when it fails to establish a harassment complaint system or respond to reports of harassment. The employer can be held responsible for the actions of its supervisors, employees, customers, and other parties. To avoid potential liability, employers may
Minimizing workplace violence can help employers avoid liability and promote a more positive working environment. Some ways to accomplish this goal include: Having a Zero Tolerance Policy Explaining in clear language in the employee handbook and other materials that violence in the workplace will not be tolerated. Employees should have an
Employer liability spans a broad range of potential issues. For example, an employer may still be held liable for the show even when another employee’s acts were intentional – such as when committing an act of violence or psychological abuse against a worker. However, by responding to all reports of workplace incidents and implementing
All businesses must be aware of the potential employer liability that can arise when there are employee claims of harassment. Understanding the relevant cases that have been adjudicated and their impact on employer obligations can help businesses develop a better understanding of their legal responsibilities. High profile cases can also help
Although employers may provide a work site and other property that their employees use, employees do not give up all expectations of privacy simply because they are working for a company. To safeguard their companies, employers and human resource managers must be careful not to violate principles related to privacy
