Tag Archives: Liability

Liability for Employee Misclassification is on the NLRB’s Chopping Block

Liability
The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the issue of under “what circumstances, if any, should the Board deem an employer’s act of misclassifying statutory employees as independent … Continue reading this entry

Sales Commission Agreements Can Limit Potential Liability

Reasonable
A manufacturing company’s sales employee successfully convinces a new customer to purchase a commercial cooler. Under the employee’s sales commission plan, she receives a commission of 2% of the price of the cooler and any repair parts purchased.  The employee also receives a 2% commission on the annual service plan the customer purchases to maintain … Continue reading this entry

Avoiding Liability for Retaliation

Retaliation claims are proliferating and are unlikely to subside anytime soon. The EEOC reported that in its last fiscal year, retaliation claims were the most common type of claim asserted in new charges. Some 36 percent of the nearly 100,000 charges filed with the EEOC in its FY 2010 asserted a claim of retaliation. During … Continue reading this entry

Having Fun and Avoiding Liability at the Office Holiday Party

Lawyers can effectively kill the fun of any party, especially the hallowed tradition of the office holiday party. Recognizing that there is nothing more fun than seeing colleagues and clients enjoying holiday cheer together, we say ’tis the season to remember these important tips to avoid liability and disaster: Injuries occurring at a holiday party … Continue reading this entry