Agreement with Duty to Defend Enforced Contractor hired by city has to protect it on suits from cops on hair sample drug testing NO SPECIAL FORM OF NOTICE FOR DUTY TO DEFEND When a contract includes indemnity and an agreement to defend, no special kind of notice is required before the duty to defend is triggered. The burden of notice is… Read More
Employee allowed to sue employer for inflicting emotional distress intentionally No impunity for bullying totally unconnected to the employer’s interest A Latinx legal assistant worked at the law offices of a male solo practitioner. The employer created an almost unbelievably hostile and disgusting workplace environment. She sued claiming intentional infliction of emotional distress, sexual harassment by hostile work environment and constructive discharge. The jury award… Read More
Employer violated both the Wage Act and the Prevailing Wage law – corporate officers liable? Recent case Donis vs. American Waste Services, LLC SJC (2020) decided which of two applicable laws govern when an employer shorts workers’ wages. FACTS The employer of trash collectors was required to pay predetermined ‘prevailing’ wage rates and like all employers, they were obliged to pay workers according to the rules of the Wage Act.… Read More
Employers Become OSHA Investigators Under Updated Virus Rules ASK WHEN YOU LEARN OSHA standards for COVID 19, updated on May 19, 2020, uses reporting requirements to turn employers into investigators of their own jobsites. The employer must use reasonable efforts to reach conclusions on the questions – Has the pandemic visited your worksite? Was the employee’s COVID work-related? OSHA (the Federal Department of… Read More