By Joseph Hadacek and Joshua A. Rodine

Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting requirements of Labor Code section 226(e). Additionally, the prejudgment interest rate for violating these sections is seven percent. Naranjo v.
Continue Reading California Supreme Court Finds Meal And Rest Premiums Subject To Wage Statement And Final Pay Requirements

By Danita N.Merlau and Benjamin J.Conley

Seyfarth Synopsis: In light of recent state-level trends, businesses have begun exploring avenues to assist employees in states with restrictive abortion laws with travel to nearby states to receive abortion services. In implementing these programs, employers should consider the various ERISA and tax code-related provisions that may impact design.

In recent years, various
Continue Reading Businesses Seek to Provide Abortion Travel Benefits in Light of Potential Supreme Court Decision

By Renée AppelRebecca DavisGiovanna Ferrari, and Ameena Majid

Seyfarth Synopsis: Staying true to the SEC’s 360 degree approach for advancing the Biden Administration’s ESG agenda, on April 29, 2022, the Securities and Exchange Commission (“SEC”) sued a publicly traded Brazilian company.

The SEC filed a securities fraud lawsuit against Vale S.A. (“Vale”) for, among
Continue Reading Misleading Statements, Including ESG Pronouncements, Land One of the World’s Largest Iron Ore Producers in Hot Water with the SEC

By Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The rate of positive drug test results among America’s workforce reached its highest rate in 2021 since 2001, and was up more than 30% in the combined U.S. workforce from an all-time low in 2010-2012, according to a new analysis released by Quest Diagnostics
Continue Reading Workforce Drug Test Positivity Climbs to Highest Level in Two Decades

By John R.Skelton, Anthony S.Califano, and Keval D.Kapadia

Seyfarth Synopsis: On March 24, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued a much-anticipated decision in Patel, et al. v. 7-Eleven, Inc., et al. answering a certified question from the United States Court of Appeals for the First Circuit concerning the application of the Massachusetts independent contractor law
Continue Reading Patel, et al. v. 7-Eleven, Inc., et al – While the Massachusetts’ Independent Contractor Statute May Apply to Franchise Relationships, the SJC’s Decision Actually offers Protection for Franchisors

By Benjamin D. BriggsA. Scott Hecker, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: CDC’s new COVID-19 Quarantine and Isolation calculator “takes the stress out of deciding when, and for how long, individuals with COVID-19 and close contacts need to stay home, get tested, and wear a well-fitting mask.”

The new CDC calculator may
Continue Reading CDC Publishes New Quarantine and Isolation Calculator

By Erin Dougherty Foley and James Nasiri*

Seyfarth Synopsis: On February 18, 2022, the U.S. Court of Appeals for the First Circuit affirmed a district court decision granting a municipal employer’s motion for summary judgment in a case brought by a former garbage man alleging race discrimination under Section 1983. The Court’s decision, which is rooted in the Town’s
Continue Reading First Circuit Sides with Employer in Race Discrimination Suit Brought by Former Garbage Man

By Chris Gardner

Seyfarth Synopsis: The key issues affecting Australian workplaces bear a strong resemblance with those in the United States. While generalizations suffer from the limitations of being just that, here are five issues HR and workplace leaders in Australia are grappling with in a two-minute read.

  1. Skills and staff shortages and wage pressure

Almost one in
Continue Reading Five Key Issues in the Australian Workplace—Highlights for Multinational Employers

By Ted North and A. Scott Hecker

On March 11, 2022, the Department of Labor (DOL) announced a notice of proposed rulemaking (“NPRM”) related to the Davis Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.”  The move to modernize the Act’s regulations looks to deliver changes promised by President Biden to use the Act and its
Continue Reading Back To The Future: Department of Labor Reanimates Prior Davis-Bacon “Prevailing Wage” Definition

By Daniel B. Klein, Christina Duszlak, and Alex J. Reganata

Seyfarth Synopsis: The Massachusetts Department of Unemployment Insurance has announced that the Massachusetts COVID-19 Emergency Paid Sick Leave (“MEPSL”) will expire on March 15, 2022.  Employers have until April 29, 2022 to file their applications for reimbursements.

On May 28, 2021, a temporary Massachusetts law providing
Continue Reading Massachusetts COVID-19 Emergency Paid Sick Leave Will Expire On March 15th