Violence

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In an effort to mitigate the risk of violence at work, New York Governor Kathy Hochul signed into law the New York Retail Worker Safety Act (RWSA) on September 5, 2024. The law introduces stringent workplace violence prevention measures for retail employers, including the establishment of a workplace violence prevention plan, training program, and the installation of a panic button.Continue Reading Safety First for Retailers — New York Boosts Retail Safety with Mandatory Workplace Violence Prevention Plans, Annual Training Requirements and Panic Buttons

Starting July 1, 2024, California employers across all industries must have a written Workplace Violence Prevention Plan (“WVPP”) in place. As previously reported, the recently enacted SB 553 established this new requirement, along with mandatory employee training, initial and periodic workplace violence hazard inspections, and maintenance of a violent incident log and other related records. On March 18, 2024, California’s Division of Occupational Safety and Health (“Cal/OSHA”), the agency responsible for enforcing the new law’s requirements, announced the creation of its Cal/OSHA Workplace Violence Prevention Guidance and Resources webpage. The webpage contains guidance and educational materials on the new law and workplace violence prevention, a model WVPP, fact sheets, and other resources for employers and employees. Continue Reading Cal/OSHA Publishes Long-Awaited Guidance and Model Workplace Violence Prevention Plan

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is now. Below is a brief summary of the new laws.
Continue Reading The Time Is Now for Employers in Illinois to Abide by New Laws

Many states and municipalities throughout the country have enacted laws that mandate the removal of criminal conviction history questions from job applications. This so-called “Ban the Box” movement theoretically provides individuals with criminal backgrounds the opportunity to obtain jobs for which they otherwise would not have been considered. But, these laws also provide additional burdens for employers and add additional ways for them to face liability.
Continue Reading “Ban the Box” Laws & Workplace Violence: An Employer’s Failure to Sufficiently Perform Background Checks Could Lead To Costly Negligence Liability

In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain individuals they see as particularly vulnerable to sexual harassment and assault, including hotel workers.
Continue Reading Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training.  Assembly Bill No. 2053 expanded the scope of training required by Government Code Section 12950.1, which requires employers with 50 or more employees to provide at least two hours of harassment prevention training to supervisory employees for every two years, to also require “abusive conduct” prevention training. 
Continue Reading California Makes Anti-Bullying Training A Component Of Mandatory Harassment Training

An employer’s reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe workplace, can be fined for failing to enact safeguards against workplace violence, and face liability for negligent hiring and retention of employees who commit violence in the workplace. Furthermore, a job applicant’s honesty and judgment are relevant factors to consider in assessing an applicant’s suitability for a job. For these reasons, employers frequently feel the need to inquire about an applicant’s criminal conviction history and use criminal background checks when making hiring decisions. However, a recent increase in laws banning, or significantly limiting, an employer’s ability to inquire about an applicant’s criminal history, requires that all employers examine their current criminal background check policies and practices to ensure compliance with applicable laws.
Continue Reading Is Your Criminal Screening Process Compliant?

By Travis Anderson and Gregg A. Fisch

On December 5, 2011, in Kaiser Foundation Hospitals v. Wilson 2011 Cal. App. LEXIS 1511 (Dec. 5, 2011), the Court of Appeal for the Fourth District, Division One, ruled that the trial court properly considered “all relevant evidence,” including generally inadmissible hearsay evidence, in deciding to issue a workplace violence injunction. As a result, employers likely will have an easier time obtaining injunctions against potential workplace violence situations in the future.
 Continue Reading California Court of Appeal Holds that Courts Must Consider “All Relevant Evidence,” Including Hearsay, in Deciding Whether to Issue Injunctions to Prevent Workplace Violence

In Franklin v. The Monadnock Company, the Plaintiff sued for wrongful termination in violation of public policy.  Plaintiff’s lawsuit was based on complaints to the Company’s Human Resources Department that a fellow co-worker was threatening to have him and three others co?workers killed.  The Company failed to take action.  A week after Plaintiff’s complaints, Plaintiff’s co?worker attempted to stab Plaintiff with a metal screw driver and another unidentified weapon.  Plaintiff again complained to the Company and also to the police department.  Plaintiff was terminated shortly after his complaints.
Continue Reading EMPLOYERS BEWARE – VIOLENCE AT WORK IS EVERYONE’S PROBLEM