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Employer Liability Concerns in Employee Management: Federal

Author: Jose M. Jara, Buck Consultants


  • 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.