Not really a surprise, just a surprise it wasn't thrown out (bold added):
"
The rule in Kansas is simply that “an employer has the duty not to expose his employees to perils which the employer may guard against by the exercise of reasonable care.” And here, there are certainly genuine issues of material fact as to whether [company supervisors] breached that duty by failing to direct off-the-clock employees, including Hines, to stop drinking beer, to stop attempting to detonate a dangerous explosive device, and to leave the premises.
"
http://blogs.wsj.com/law/2014/04/16...over-exploding-potato-gun-he-helped-detonate/
It seems if they're off the clock, but on site, you still have to baby sit them or have liability in some states.
"
The rule in Kansas is simply that “an employer has the duty not to expose his employees to perils which the employer may guard against by the exercise of reasonable care.” And here, there are certainly genuine issues of material fact as to whether [company supervisors] breached that duty by failing to direct off-the-clock employees, including Hines, to stop drinking beer, to stop attempting to detonate a dangerous explosive device, and to leave the premises.
"
http://blogs.wsj.com/law/2014/04/16...over-exploding-potato-gun-he-helped-detonate/
It seems if they're off the clock, but on site, you still have to baby sit them or have liability in some states.