Seyfarth Synopsis: We recently reported here that New York adopted an increased salary threshold of $1,300 per week for determining whether an employee serves in an “executive,” “administrative,” or “professional” capacity for purposes of certain provisions of Article 6 of the New York Labor Law (“NYLL”). ThatContinue Reading New York Likely To Increase Minimum Wage And Overtime Thresholds
Seyfarth Synopsis: In August, the Federal Motor Carrier Safety Administration (“FMCSA”) announced that it would start accepting petitions for waivers from the recent decisions preempting California and Washington’s meal and rest break rules. While the FMCSA has not yet publicized the petitions that it received by the November 13, 2023 deadline, the California…Continue Reading California Attorney General Steps In To Petition FMCSA For Waiver Of Meal And Rest Period Preemption Determination On Behalf Of State’s Drivers
Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. Increasingly, other states have passed their own progressive employment statutes, warranting their own discussion. Colorado is one of these states. Discussed below are two Colorado statutes that were…Continue Reading Colorado Peculiarities
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
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
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
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
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
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!