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MOBILE DEVICES AND TORT CLAIMS
As the Scope of Employment Expands, So Does Employer Liability
By Roxanne M. Wilson and Elizabeth Graham
Generally, employers are liable only for the torts of their employees committed within the scope of employment. Unfortunately, the scope-of-employment doctrine has never had clearly defined edges, and now, with the blurring of the line between personal and professional lives, employers are exposed to ever-increasing liability. They may need to rethink their policies on providing employees with mobile devices.
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In the News |
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UNION’S AGENDA FOR 2009
SEIU Unveils ‘Accountability Campaign’
January 8, 2009 11:05 AM PT
The Service Employees International Union intends to spend about 30 percent of its resources in 2009 on the ‘Change That Works’ campaign, including 1,000 full-time workers in the field in 35 states and the creation of a ‘war room’ in Washington to coordinate legislative outreach.
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DETAILS TO COME
Cigna to Cut Jobs; Recession Cited
January 7, 2009 8:00 AM PT
The company says it will provide more details on cost-cutting measures at its first-quarter earnings conference call in February.
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Workforce Washington
Washington staff writer Mark Schoeff Jr. provides an insider's insights to the workings of our nation's capital from the workforce management perspective.
Featured Blog:
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Policies and FMLA Rights For Ineligible Employee
A company handbook can create a contractual relationship or, in the alternative, the enforcement of a promise made in the handbook that the employee has relied on to his detriment. As such, courts have barred employers from asserting the defense of FMLA ineligibility.
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Tools and Resources
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An e-book from law firm Foley Hoag, ‘Tips for Planning Reductions in Force,’ is a possible guide for organizations considering layoffs.
Business and Professional Women/USA, an advocacy organization for working women, adapted this audit from a Department of Labor document to help employers gauge whether they are paying men and women employees equally. The organization notes that discrepancies can lead to costly lawsuits.
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Recent Post
Plant Shut Down and Holiday Pay
A member writes: "We are implementing a plant shutdown for the week of Christmas and New Year’s Day, which are normally paid holidays. Since we consider the shutdown a lay off (workers will be able to apply for benefits), are we obligated to pay them for the holiday? I'm thinking since they are not physically working, then we don't have to pay them, and if we did pay them it would mess up their unemployment."
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Background Check
A member writes: "Is it illegal for a company to do a background check on a potential employee BEFORE he is given a job-offer letter?"
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Special Report
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Employers are being slapped with lawsuits—costing them millions of dollars in some cases—by workers who say they are being compelled to work through meal breaks. Antiquated labor laws are to blame, some corporations say. But plaintiff attorneys blame in part deteriorating corporate ethics.
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