William J. Milani, a member of the firm in the Labor and Employment practice in the New York office, was quoted in a January issue of Business Insurance magazine in an article that explains how employers with onsite workout and recreational facilities may expose themselves to new liabilities.
The article, entitled, “Workplace Workouts Can Burn Employers,” notes that while employers with onsite workout and recreational facilities so far have not garnered “a significant number of suits or claims,” attorneys and consultants say that those with such facilities should take steps to limit their liability. Among areas of potential concern to employers, it is not enough for employees who use workout equipment to sign waivers. Waivers won’t hold up in court if a company is found to have stocked a facility with substandard, poorly maintained equipment or staffed it with untrained workers, Milani said.
In addition, onsite fitness centers and like facilities could give rise to discrimination claims: “Employers have to be very careful with compelling people to visit an onsite facility if the facility leaves out the disabled,” Milani said.