Because the elements of the legal tests are well-known, a company seeking to avoid joint employer liability
should insist on a contract that explicitly assigns the relevant aspects of control to the intended employer and disclaims responsibility to the intended non-employer.
In addition, the clear, written policy should state that employees who complain will be protected from retaliation, that confidentiality will be protected to the greatest extent possible, and that the camp will take immediate action when it determines that harassment has occurred (Enforcement Guidance on Vicarious Employer Liability
Paying benefits promptly after an accident may hold off an employer liability
But HMO and employer liability
were two provisions that troubled Senate Republicans.
15) In the sexual harassment context, the few courts to address this issue have struggled to discern the appropriate standard of employer liability
for the retaliatory acts of supervisory personnel.
The Supreme Court agreed to hear the case in order to define the appropriate legal standard to apply in assessing employer liability
in a sexual harassment case.
is determined through a simple analysis of charge invoices and employee interviews.
Several rules for assigning employer liability
are used for occupational disease: apportionment of liability among responsible employers, limited apportionment of liability, the last injurious exposure liability, and the last exposure liability.
Employers should take comfort in knowing that there is no employer liability
involved with return information so long as the employer or anyone within the organization is not involved with the preparation of the return itself.
According to his reasoning, an employer's lack of knowledge of sexual harassment by a supervisor "does not necessarily insulate that employer from liability,' but he did not issue a precise rule on employer liability
Other litigation reports and newsletters recently launched by Mealey include Employer Liability
Insurance Report and Employee Compensation.