By Gena B. Usenheimer and Kaitlyn F. Whiteside

Seyfarth Synopsis: The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“Second Department”) joined the First Department in finding that home healthcare employees who work 24-hour shifts are entitled to pay for all hours present in a client’s home, including sleeping and meal periods.  With this
Continue Reading Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an Overnight Shift

By David J. Rowland and Cheryl A. Luce

Seyfarth Synopsis: The Seventh Circuit sent shockwaves through the EEOC and through the employer community by concluding that multi-month leaves of absence, even those that are definite in term and sought in advance, are not required by the ADA.

To the surprise of many observers, and undoubtedly the EEOC, the Seventh
Continue Reading A Shocker from the Heartland: A Long Term Leave of Absence is NOT A Reasonable Accommodation Under the ADA

By Kelsey P. Montgomery and Dawn Reddy Solowey

Seyfarth Synopsis:  Telling African-American employees “that if they had ‘n—– rigged’ the fence, they would be fired” may be enough, standing alone, to state a hostile work environment claim.  The Third Circuit clarifies that “severe or pervasive” discrimination is the correct standard for hostile work environment claims.   

The Third Circuit recently held
Continue Reading Words Matter: The Third Circuit Clarifies That a Single Racial Slur in the Workplace May Be Enough to State a Hostile Work Environment Claim.

Seyfarth Synopsis: Seyfarth’s Chicago Office hosted its Third Quarter Breakfast Briefing — an extremely well attended event. 

On Tuesday, September 12, 2017, five attorneys from our Chicago Labor and Employment team presented to a packed house of guests.  The group offered an overview of, and their insights on, new and pending legislation impacting Illinois employers, generally, and those within
Continue Reading Illinois Labor and Employment Law Update – What Employers Need To Know

By Tracy M. Billows and Megan P. Toth

Seyfarth Synopsis:  If your company provides parental leave benefits beyond what is required by law, it is important that the company’s policies and practices ensure male and female employees are being treated consistent with the prohibition of discrimination based on sex.

On August 30, 2017, the EEOC filed suit against Estée
Continue Reading EEOC Sues Estée Lauder Over Paid Parental Leave Policy

By Jim Gehring

Seyfarth Synopsis:  The IRS has announced a program that allows employees to donate the value of their vacation, sick time, or other paid time off (“PTO”) for the relief of victims of Hurricane or Tropical Storm Harvey. 

Under IRS Notice 2017-48, issued on September 5, employers may contribute the value of the PTO contributed by their employees
Continue Reading IRS Allows Employees to Donate the Value of PTO for Hurricane Harvey Victims

By Sara Eber Fowler

Seyfarth Synopsis: Last minute scheduling change?  Want to make sure you have enough employees on stand-by to cover shifts?  In a growing number of areas around the country, that will cost you. 

Fair scheduling laws – sometimes referred to as “predictive” or “predictable” scheduling – are popping up in city councils and state legislatures across
Continue Reading Fair Game? Predictable Scheduling Laws — The Sensation Sweeping The Nation


By Steve Shardonofsky and Kevin A. Fritz

Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may also have questions about how to help their workers get by during this difficult time. After making sure your workers
Continue Reading Practical Advice for Weathering Pay and Leave Issues Following Hurricane Harvey

By Christopher Im and Sharisse R. Deal

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’ expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. Here are some guiding principles.

“How’s work?”
Continue Reading Not Just Sticks and Stones: When Should Employers Step In?

By Sam Schwartz-Fenwick, Michael W. Stevens, and Kylie Byron

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment.

Recently, in a dramatic shift, the Department of Justice broke ranks with the Equal Employment Opportunity Commission, and filed an amicus
Continue Reading Management Alert – The Current Federal Retrenchment on LGBT Rights