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Best Practices and Considerations for Employee Demand Letters, Charges and Early-Stage Lawsuits
Wednesday, September 28, 2022
Seyfarth Shaw LLP
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By: The Employment Law Lookout Editorial Team
Earlier this week, Seyfarth learned that it’s Labor and Employment Law Department had been named “Team of The Year” in 2015 by Chambers USA. This is a huge honor and it’s all because of YOU our clients and fans. Thank you!
Here are some of the reasons why this award has us so…
Continue Reading Seyfarth’s Labor and Employment Department Named “Team of the Year”
Earlier today in a 6-3 decision handed down in UPS v. Young, OPINION HERE the Supreme Court reversed a closely watched case which addressed whether denying pregnant workers accommodations was discriminatory under the Pregnancy Discrimination Act. In a somewhat convoluted opinion, the Supreme Court provided some guidance, but…
Continue Reading SCOTUS Rules on Pregnancy Accommodation Case
A worker’s authorized access of an employer’s computer system during the course of his employment, in which he acquired information that he later misused, gives rise to civil liability under the Computer Fraud and Abuse Act (CFFA), the U.S. District Court for the Eastern District of Louisiana held April 3 (Associated Pump & Supply Co., …
Continue Reading Louisiana District Court Extends Pro-Employer Interpretation of the Computer Fraud and Abuse Act’s “Authorized Access” Provisions to Impose Civil Liability on Former Employee
OSHA announced on April 3, 2014 its “Procedures for Handling Retaliation Complaints Under the Employee Protection Provision of the Consumer Financial Protection Act of 2010,” 79 Fed. Reg. 18630 (April 3, 2014).
The Consumer Financial Protection Act of 2010 (CFPA) is intended to protect employees against retaliation…
Continue Reading Interim Rule On Whistleblowers Procedures Under the Consumer Financial Protection Act
On April 8, President Obama signed an Order amending Executive Order 11246 to prohibit federal contractors from retaliating against applicants or employees who share information about their pay. The amendment was touted by the administration as a “critical tool to encourage pay transparency.” Please click HERE to read the “One Minute Memo” authored by our colleagues on the OFCCP and…
Continue Reading White House Executive Actions Seek to Give Equal Pay its Day
The Family and Medical Leave Act (“FMLA”) arms employees with two types of causes of action against employers. First, its “retaliation/discrimination” provisions prohibit employers from discharging or discriminating against employees for “opposing any practice made unlawful” by the FMLA. Second, the FMLA’s “interference” provision states that it is “unlawful for any employer to interfere with, restrain, or…
Continue Reading Employer Intent Is Immaterial In FMLA Interference Claims
Sometimes all you need is a fresh start…or two. In its third attempt at filing a complaint challenging an inflexible 12-month leave limitation policy, the EEOC injected new life into an ongoing battle against maximum or “no-fault” leave policies by classifying them as impermissible “qualification standards” in violation of the ADA.
Last month, the Chicago-based U.S. District…
Continue Reading Third Time’s the Charm: The EEOC Successfully Asserts Inflexible Leave Policies are Impermissible Qualification Standards under the ADA
By Jim Beyer
There is a split in the federal courts over the scope of Dodd-Frank’s whistleblower protections that may eventually reach the Supreme Court. The question is if there are only internal reports of potential securities law violations is that activity protected whistleblowing under the Dodd-Frank Act’s anti-retaliation provision or must the potential violations be reported to the SEC?
Continue Reading Are Whistleblower Internal Complaints Protected under Dodd-Frank?
The Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have just announced two short guides on employment background checks: Background Checks: What Employers Need to Know and Background Checks: What Job Applicants and Employees Should Know. The documents were not subject to Commissioner review…
Continue Reading FTC and EEOC Publish Guide for Employers on Background Checks in Hiring