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Lead Story
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.


In the News

NEW FOR NEW YEAR
San Francisco Health Spending Requirement to Rise
December 31, 2008 10:56 AM PT
Employers with employees working in San Francisco will have to pay more in 2009 to comply with the city's health care spending law, while the law’s requirements will apply to more employees. >>

ILL EFFECTS REPORTED
Survey: Many Are Worried Sick About Finances
December 31, 2008 11:37 AM PT
According to a new survey by the AARP, one in five adults say they suffer from health problems because of financial worries, and 22 percent say they have delayed seeing a doctor because of cost concerns. >>

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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.
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Legal Briefing


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.

Tools and Resources


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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Legal Forum

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."

More Forum Posts 

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


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.


 TOP ARTICLES

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