Library Search
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Professional Employer Organizations and the National Labor Relations Act ( March 2003 )
A discussion of the joint employer doctrine as it affects Professional Employer Organizations and their clients for purposes of vicarious liability, bargaining obligations, and vunerability to secondary boycotts. -
Beware of What You Say! New Jersey Employers May Be Held Liable for "Negligent Misrepresentation" by Providing Inaccurate Employment References ( August 2005 )
In Singer v. Beach Trading Co., Inc. et al., No. A-1617-04T5 (N.J. App. Div., July 19, 2005), the New Jersey Appellate Division, in a case of first impression, defined the circumstances under which an employer may be held liable for damages as a result of providing an inaccurate and/or false employment reference for a former employee. -
Property Owners' Duties To An Independent Contractor's Employees In Delaware ( May 2004 )
Are property owners responsible for the safety of their independent contractor's employees or the contractor's negligence? If the contractor is truly "independent," the Delaware Superior and Supreme Courts say no. In <i>Roca v. E. I. du Pont de Nemours and Company</i>, the Delaware Supreme Court affirmed the Delaware Superior Court's finding that property owners have no duty to protect an independent contractor's employees from alleged "peculiar risks" encountered during the performance of the contracted work. -
Employer Liability for Violence in the Workplace ( June 2000 )
The Utah Supreme Court recently held in <i>Clark v. Pangan</i> (April 2000), that employers can be held vicariously liable for an employee's battery of a co-employee. In that case, two postal workers were involved in an altercation. No surprise there, you might think, but this was not the proverbial disgruntled former employee returning to seek vengeance. -
Employer Liability for Employee Conduct ( May 2000 )
Employers are well familiar with the fact that they are being sued for the acts of their employees. In increasing numbers of cases, however, employers are being confronted with lawsuits against their employees. The employees then usually turn to the employer, requesting the employer to pay for the defense of the lawsuit and, if an adverse result ensues, for any damages assessed against the employee. -
Florida Tort Reform--An Overview ( January 2000 )
As of June 1999, sweeping changes were signed into law which will have an effect on almost every civil cause of act. -
Employee Use of Force: The Oregon Court of Appeals Instructs Employers ( November 1999 )
A new decision of the Oregon Court of Appeals on employer responsibility for employee use of force provides . -
Interim Guidelines on the Implementation of Section 411 of the IIRAIRA: The Virtue Memorandum ( September 1997 )
This article analyzes the March 6, 1997, memorandum drafted by the Immigration and Naturalization Service's Office of Programs to discuss Section 411 of the Illegal Immigration Reform and Control Act of 1996, Pub. L. No. 1014-2097, 110 Stat. 3008, October 1, 1996. -
Recently Enacted Statute Gives Employer Favorable Presumption Against Claims Of Negligence ( January 1999 )
Section 768.096, Florida Statutes, recently enacted by the Florida legislature, provides employers faced with claim.