By James L. Curtis, Adam R. Young, Erin Dougherty Foley, and Craig B. Simonsen
The U.S. Department of Labor has blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks.
In fact OSHA has a Holiday Workplace Safety page to learn more. Crowd management has
Continue Reading Holiday Safety Liabilities and Tips to Limit Employer Liability at Company Parties
By Danielle Kays and James Nasiri
Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was initiated by a former employee of the Defendant metal finisher, alleging that Defendant violated the Illinois Biometric Information Privacy
Continue Reading Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric Data
By Loren Gesinsky and Alex J. Reganata, Senior Fellow
Seyfarth synopsis: Employee sustained an injury in a work-related accident. Based on New York’s Workers’ Compensation Law he was classified as having a nonschedule permanent partial disability. He received an award of $500 per week, and pursuant to a statutory cap could not receive this amount past 350 weeks. Employee
Continue Reading An Unscheduled Demise: N.Y.’s Highest Court Denies Unscheduled, Unpaid Workers Compensation To Deceased’s Son
By Linda C. Schoonmaker and Elizabeth L. Humphrey
Seyfarth Synopsis: Railroad companies spend millions of dollars and thousands of hours developing their risk management systems. When a plaintiff aims to discover risk management data, companies understandably balk at the prospect of revealing information they have gone to great lengths to collect, categorize, and assess for the purpose of mitigating
Continue Reading Does A Railroad (Or Potentially Any) Company Have To Turn Over Material Contained In Its Risk Management System In Discovery? The Alabama Supreme Court Says No
By Nick A. Lussier and Andrew M. McKinley
Seyfarth Synopsis: On October 13, 2022, the Supreme Court of Virginia analyzed whether individuals may be joint employers under Virginia’s Wage Payment Act. Answering in the negative, the Court held that the statute defined “employer” more narrowly than the FLSA, and thus extended joint employment liability only to entities, not individuals
Continue Reading Supreme Court of Virginia Refuses to Extend Joint Employer Liability to Individuals
By Ilana Morady, Patrick D. Joyce, Coby Turner, Liz Watson and Juan Rehl-Garcia
Seyfarth Synopsis: Two big changes are on the horizon for California employers:
(1) changes to the COVID-19 general exposure notification requirements and (2) a proposed “permanent” Cal/OSHA COVID-19 standard to take effect January 1, 2023-2025.
The fall season signals change between the
Continue Reading Changes Coming to CA COVID-19 RequirementsBy Chelsea D. Mesa, Megan P. Toth, and Jean M. Wilson
Seyfarth Synopsis: States and local governments are regularly revising their employment laws. This means an ever-changing landscape of handbook policy requirements for employers. 2023 will be no different, as we saw legislatures wade back into general employment laws and away from COVID-specific protections.
It can
Continue Reading Webinar: Multi-State Handbook Updates for 2023 and Beyond: What to Look Out for and Why it MattersBy Danielle Kays and James Nasiri
Seyfarth Synopsis: Last week, the first jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action case began in the U.S. District Court for the Northern District of Illinois in a case entitled Rogers v. BNSF Railway Company. Leading up to trial, BNSF contended that, because it hired a third-party vendor to
Continue Reading Railway Company Proceeds With First Ever BIPA Jury Trial in Federal District Court in ChicagoBy Adam R. Young, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: With Hurricane Ian drenching the Gulf Coast, Florida, and the Atlantic coastal states, employers are facing daunting emergencies, safety and health risks, property damage, employee disruption, and re-building.
This blog contains an updated primer on (1) preparing for an emergency;
Continue Reading The Rain is Coming Again: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season
By Danielle Kays and James Nasiri
Seyfarth Synopsis: On September 22, 2022, the Illinois Supreme Court heard oral arguments in an Illinois Biometric Information Privacy Act (“BIPA”) case entitled Tims v. Black Horse Carriers, Inc. Following an Illinois appellate court’s decision that a one-year limitations period applies to certain sections of the Act while a five-year period applies to other
Continue Reading Illinois Supreme Court Hears Arguments on the Proper Limitations Period for BIPA Claims in Tims v. Black Horse Carriers