Employer Liability Concerns in Employee Management
Page Contents
- Federal
- Summary
- Minimizing Employee Claims
- Managing Employee Conduct
- Hiring
- Workplace Violence
- Workplace Harassment/Bullying
- Privacy Claims
- Training
- Employment Practices Liability Insurance Policy (EPLI)
- Documentation
- Employee Waivers/Acknowledgments
- Performance Appraisals
- Maintenance of Employee Records
- Internal Investigations - Process and Procedures
- Avoiding Retaliation Claims
- Avoiding "Cat's Paw"
- Damages and Penalties
- Discrimination Claims
- Family and Medical Leave Act (FMLA) Claims
- Wage and Hour Claims
- Employment Contracts
- Employee Retirement Income Security Act (ERISA) Claims
- Employer Stock Cases
- Fee Claims
- Claims Regarding Service Providers
- Claims Regarding Delinquent Contributions
- Retaliation and Other Claims
- Trends in Risk
- Selected Trends Under the FLSA
- Don-Doff Actions
- Misclassification of Employees
- Immigration Audits
- ICE - I-9 Audits
- DOL H-1B Audits
- Discrimination Claims Based on National Origin
- Reductions in Force
- Discrimination Liability
- ERISA Liability
- COBRA Liability
- Whistleblower Liability
- Occupational Safety and Health Administration (OSHA) Whistleblower Protection Program
- US Securities and Exchange Commission (SEC) Whistleblower Program
- Enforcement Initiatives
- US Department of Labor Initiatives
- Equal Employment Opportunity Commission (EEOC) Initiatives
- National Labor Relations Board (NLRB) Initiatives
- Future Developments
- DOL Budget Initiatives for 2013
- NLRB Report
- EEOC Strategic Plan
- Additional Resources
Author: José M. Jara, SNR Denton
Summary
- Minimizing claims by employees and the government requires good management of employee activities, having set policies and procedures in place, maintaining appropriate documentation and records, and having a good internal investigation process. See Minimizing Employee Claims.
- Damages and penalties under labor and employment laws are comprehensive and can amount to significant liability to an employer who is not compliant. See Damages and Penalties.
- Trends in employment liability have centered on government enforcement efforts. Enforcement actions, which are prevalent, have primarily been in the area of retaliation, whistleblowing, misclassification of employees, immigration issues, and reductions in force. See Trends in Risk.
- The US Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) have implemented major efforts to increase enforcement of labor and employment laws. See Enforcement Initiatives.