Archives: Employment Practices Liability

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EPL Wage and Hour Exclusion Does Not Bar Coverage for Expense Reimbursement Claim

The typical employment practices liability insurance policy will contain an exclusion precluding coverage for loss arising from claims brought under wage and hour laws. The question that arises from time to time is whether a particular claim was in brought under the laws for which coverage is precluded. A recent federal court case in California … Continue Reading

Wave of ADA Website Accessibility Lawsuits Grows, Community Bankers Threatened

In a prior post, I noted concerns over lawsuits filed under the American Disabilities Act (ADA) relating to website accessibility. I noted at the time that a court holding that a website violated the ADA’s public accommodation accessibility requirement likely would lead to an increase in litigation involving website accessibility. As I suspected might happen, … Continue Reading

California Court Rules Retailer’s Website Violates ADA Accessibility Requirements

In a March 21, 2016 ruling (here), a California state court judge has held that a retailer violated the American s with Disabilities Act because its website was not accessible to a visually-impaired plaintiff. According to a March 29, 2016 post on the Seyfarth Shaw law firm’s ADA Title III blog  (here), with this ruling, … Continue Reading

NERA Reports on Latest Wage and Hour Lawsuit Settlement Trends

One of the most significant areas of litigation in the employment practices liability arena has been the employee lawsuits seeking damages for employer violations of federal and state wage and hour laws. But while these kinds of lawsuits remain important, many of the trends in the settlements have shifted in the most recent years, according … Continue Reading

Dodd-Frank Anti-Retaliation Provisions Do Not Protect Overseas Whistleblowers

In the latest fiscal year report of the SEC Office of the Whistleblower, the agency reported that as of the end of the 2013 fiscal year it had received  a total of 6,573 whistleblower reports since the the Dodd-Frank whistleblower program’s inception. These figures include not only domestic whistleblower reports but also reports from a … Continue Reading

Employers and Social Media

In a very short time period, Internet-based social media have become a pervasive part of our lives and culture. Inevitably, employee use of social media has become a workplace issue. As a result, employers are concerned about employee social media use and employees are concerned about privacy and rights of individual expression. As social media … Continue Reading

A Closer Look at the EEOC’s 2013 Enforcement and Litigation Statistics

During the 2013 fiscal year (ended September 30, 2013), the number of charges filed with the U.S. Equal Employment Opportunity Commission was down 5.7% compared with the previous fiscal year, but the EEOC’s FY 2013 monetary recoveries of $372.1 million through administrative processes were the highest ever in any single fiscal year. The EEOC’s February … Continue Reading
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