By Marc Fosse
Seyfarth Synopsis: The federal district court for the Northern District of Texas has issued an order in the Ryan case staying the effective date on a nationwide basis the Federal Trade Commission (FTC) Rules banning noncompete agreements (the “Rule”), as well as enforcement of the Rule. However, legislatures and agencies at the federal and state level continue
Continue Reading Noncompete Agreements – Employer Options and Strategies to Reduce Risks
Seyfarth Synopsis: The Legislature concluded its 2023-24 session in the wee hours of its August 31, 2024, deadline to pass bills. Now it’s up to Governor Newsom to call the plays as to what employment bills he will sign into law. The bills for his consideration read intersectionality into FEHA protected categories, recast victims’ time
Continue Reading Legislative Update: Legislature Hikes the Ball For Signing Kickoff
The 2024 DMEC Annual Conference, from August 5-8, 2024 in Nashville, TN, will offer a one-of-a-kind deep dive into solutions and best practices for the challenges that leave and disability professionals face each day. On August 7, 2024, Joshua Seidman and Renate Walker will present “Parsing Paid Leave: Understanding Sick vs. Family Leave Laws.”
The paid leave
Continue Reading Joshua Seidman and Renate Walker to Present at the 2024 DMEC Annual Conference
By Sarah Goodhew, Nick Neil, and Gabrielle Wilson
Seyfarth Synopsis: The last several months have seen rapid changes in the employment and workplace health and safety space. With such dynamic movement, and then lots of commentary on each of these changes, it’s easy to view all these changes as one big jumble of puzzle pieces. And it can
Continue Reading A Puzzle for Employers: the Future of Work Health and Safety Laws in Australia
By Robert S. Whitman, Daniel I. Small, and Paxton Moore
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”). That
Continue Reading New York Likely To Increase Minimum Wage And Overtime Thresholds
By Clara L. Rademacher and Ryan McCoy
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
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