By Danielle Kays and Danny Riley, Law Clerk

Seyfarth Synopsis: BNSF Railway seeks a new trial following the verdict against it in the first ever jury verdict in an Illinois Biometric Information Privacy Act (“BIPA”) class action.  BNSF contends that the verdict, which resulted in a court award of $228 million in damages, is unconstitutional and unreasonable given

Continue Reading BNSF Seeks New Trial After First Ever BIPA Jury Verdict Because Damages Are Unconstitutional And Unreasonable

By Linda C. Schoonmaker and Darien C. Harris

Seyfarth Synopsis:  The Dallas County Sheriff’s Department gives its detention officers two days off per week.  Prior to April 2019, the schedules were based on seniority, with most officers preferring to take their two days off during the weekend.  Sometime in April 2019, the Sheriff’s Department enacted a scheduling policy that

Continue Reading The Fifth Circuit May Broaden Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination Claim.  What Will That Mean For Employers?

By Linda C. Schoonmaker and Tayte Doddy, Summer Fellow

Seyfarth Synopsis:  In 2013, Yvonne Cardwell, a dishwasher at a Whataburger in El Paso, Texas, was injured when a heavy object fell off of a top shelf and hit her in the head. Whataburger moved to compel the lawsuit she filed against her employer to arbitration, pursuant to its mandatory arbitration
Continue Reading Worth the Wait – Texas Supreme Court Tells The Trial Judge To Compel Arbitration Nine Years After the Lawsuit was Filed

Moderator: Shawn Wood; Speakers: Talat Ansari, Kristine Argentine, David Bizar, Jonathan Braunstein, Tom Locke, Christopher Robertson, Caleb Schillinger, and Elizabeth Schrero

Seyfarth Synopsis: In this annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, our nationally-recognized team provides keen insights about what to expect in 2022. It will be a busy
Continue Reading Commercial Litigation Outlook Webinar: Insights and Predictions for Litigation Trends in 2022

By Brent I. Clark, James L. CurtisBenjamin D. BriggsAdam R. Young, Patrick D. JoyceIlana R. Morady, Daniel R. Birnbaum, Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: On October 12, 2021, OSHA submitted to the White House’s Office of Information and Regulatory Affairs (“OIRA”) an emergency temporary standard
Continue Reading OSHA Sends COVID-19 Vaccine Mandate Emergency Temporary Standard to White House for Final Review

By Karla Grossenbacher and Jean Wilson

Seyfarth Synopsis: The EEOC has updated its Technical Assistance Guidance (“Updated Guidance”) related to COVID-19 and, in particular, what employers are permitted to do with respect to vaccination programs and incentives for employees to get vaccinated. The EEOC’s Guidance was prepared prior to the CDC’s updated guidance for fully vaccinated individuals and does not
Continue Reading Hot Off The Presses: EEOC Issues Highly Anticipated Vaccine Guidance

By: Gerald L. Maatman, Jr., Ian MorrisonBrett Bartlett, and Kerry Friedrichs

Seyfarth Synopsis: Please join us on Tuesday, February 23rd for the 17th Annual Workplace Class Action Litigation Report webinar! Register now to secure your spot and review the workplace class action developments of 2020 and what employers should expect for 2021.

In Seyfarth’s 17th Annual
Continue Reading Sign Up Now For Seyfarth’s 17th Annual Workplace Class Action Litigation Report Webinar!

By Matthew J. Gagnon and Benjamin I. Han

Seyfarth Synopsis: Pending federal bill H.R. 7, titled the Paycheck Fairness Act, could import into federal law some significant changes that have already been enacted in a few states around the country. If enacted, it could significantly alter (some would say eliminate) a key affirmative defense of the Equal Pay Act. Specifically,
Continue Reading Pondering The Future Of Equal Pay Litigation: What A “Business Necessity” Requirement Means For An Employer’s Defense Against Equal Pay Claims

Part Three: Employee Resource Groups

Wednesday, January 13, 2021
3:00 p.m. to 3:30 p.m. Eastern

Register Here

Implementing Employee Resource Groups (ERG) and/or Affinity groups are one commonly used strategy that employers use to enhance a culture of belonging. ERGs provide a framework through which people of similar backgrounds, cultures, and interests come together to build networking, mentorship, and engage
Continue Reading Reminder: Join Us for Parts Three and Four of Seyfarth’s Inclusion & Diversity Series This Week!

By: Shireen Wetmore, Ann Marie Zaletel, Chantelle Egan, and Kerry Friedrichs

Seyfarth Synopsis: Many employers are asking whether they need to provide documentation to employees performing work during a shelter-in-place or similar order and increasingly, employees are demanding such documentation.  Should employers provide documentation to employees that explains their status as supporting essential, critical businesses?

Across the
Continue Reading What Makes You Essential? Addressing Employees’ Fears Of Being Stopped Going To And Returning From Work