By Oluwafunmito (“Funto”) P. Seton and Linda Schoonmaker
Seyfarth Synopsis: In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible for damages as opposed to just equitable relief. In a recent decision
Continue Reading Recent Decision Clarifies the Legal Framework for EEOC’s Pattern-Or-Practice Lawsuits under Section 706
By Ariel D. Fenster and Brett C. Bartlett
Seyfarth Synopsis: The Eleventh Circuit recently affirmed the district court’s grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act (FLSA) and Florida Minimum Wage Act (FMWA). The court held that the deputies were not entitled to compensation for the
Continue Reading The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time
By Benjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for a temporary employee’s safety and health in two new guidance documents relating to respiratory protection, noise exposure, and hearing conservation. Temporary agencies and host employers
Continue Reading OSHA Releases Two New Temporary Worker Guidance Documents
By Michael L. DeMarino and Dawn R. Solowey
Seyfarth Synopsis: Title VII requires employers to make “reasonable accommodations” for an employee’s religious practices. But what is “reasonable” has been the subject of much debate and litigation. The Tenth Circuit’s decision in Christmon v. B&B Airparts, Inc., No. 17-3209, 2018 WL 2344628, at *1 (10th Cir. May 24,
Continue Reading Tenth Circuit Reaffirms That Title VII Does Not Require Employers to Offer an Employee Their “Preferred” Religious Accommodation
The Employment Law Lookout is taking a holiday break this week, but will resume delivering insightful discourse and updates on the day’s most pressing workplace issues next week.
In the meantime, we want to wish all of our readers, contributors, and editors a safe and happy Fourth of July holiday. We hope you are able to spend time with family,
Continue Reading Happy Fourth of July!
By Sara Eber Fowler and Lynn Kappelman
Seyfarth Synopsis: Oregon’s new employee scheduling law – impacting hourly employees at large retail, food service, and hospitality employers – goes into effect after the end of this week, on July 1. Affected employers must now be aware of the potential consequences in changing employees’ schedules.
Friendly Reminder! At the end of this
Continue Reading As Predicted…. On July 1, Oregon Will Become The First State With A Predictable Scheduling Law
By Jason Silver and Kevin Fritz
Seyfarth Synopsis: On June 6, 2018, Peter. B. Robb, General Counsel for the National Labor Relations Board (“Board”), provided employers with the first substantive guidance regarding workplace policies since the Board’s Boeing decision. General Counsel Memorandum 18-04 is a victory for employers as the Board seems to be returning to a common sense approach
Continue Reading The Board’s General Counsel Memorandum is a Comforting Return to a Common Sense Approach to Workplace Policies
Seyfarth Synopsis: The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their prescription drug use.
The opioid crisis is dominating the news. And, employers have reason to be concerned. According to the Bureau of
Continue Reading EEOC Scrutinizes Employer Policies Regarding Prescription Drug Use
Seyfarth Synopsis: In May 2018, the Illinois General Assembly considered and also passed a series of measures aimed at changing existing employment discrimination law. On May 16, 2018, the Assembly passed House Bill 4572 which amends the Illinois Human Rights Act (IHRA) to allow employers of any size to be liable under the IHRA. On
Continue Reading Mayday Mayday!: Illinois General Assembly Considers (And Passes) Series Of Changes To Illinois Human Rights Act
By Michael Fleischer, Jean Wilson, and Barry Miller
Synopsis: Massachusetts Attorney General investigates 70 employers (both large and small – across all industries), citing 21 of them for violating the state’s “ban the box” law, which prohibits most businesses from asking about job candidates’ criminal backgrounds on initial employment applications.
Last week, Massachusetts Attorney General Maura Healy
Continue Reading Mass. AG on the Lookout for Prohibited Criminal History Inquiries