Workplace Arbitration

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Presenters: Daniel Hart, Daniel Whang, and Sierra Chinn-Liu

Navigating the complexities of trade secret enforcement often involves more than just traditional litigation. Join us for a compelling webinar in our 2024 Trade Secrets Webinar Series, where our panel of Seyfarth attorneys will delve into the strategic advantages of using alternative dispute resolution (ADR) mechanisms to protect and…

Continue Reading Webinar – Enforcement Strategies Beyond Litigation: Leveraging Alternative Dispute Resolution

By Howard Wexler, Esq. and Samuel Sverdlov, Esq.

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated the National Labor Relations Act (“NLRA”).

In Casino Pauma, the NLRB’s General Counsel (“GC”) alleged that four of the employer’s handbook policies…
Continue Reading NLRB Tells Employers to Mind their Own Business

In our final installment of the blog series that previews employment cases being heard by the Supreme Court, the Zaborowski case will allow the Court to opine on the enforceability of arbitration agreements that may have questionable (or “unconscionable”) terms. Read on for more.

Once Again SCOTUS Takes on the Enforceability of Arbitration Agreements

 By Anthony Califano

On October 1,…
Continue Reading ELL SCOTUS Series # 5 – MHN v. Zaborowski

By Adam Smiley and Samuel Sverdlov

Veterans Day, which initially was conceived as a day to commemorate the end of World War I, has evolved into an annual celebration to honor those who have served in the U.S. Armed Forces.

On Veterans Day we self-reflect on the sacrifices of those who served our country, and express our appreciation to them. …
Continue Reading Honoring Our Veterans: The Employers Guide To Military-Veteran Employees

By Marc R. Jacobs

In a closely watched case, the Colorado Supreme Court ruled that an employer could lawfully terminate an employee who tested positive for marijuana in a random drug test, even though the employee’s use of marijuana was off-duty and prescribed under Colorado’s Medical Marijuana Amendment. Coats v. Dish Network, LLC, 2015 CO 44 (2015).

Brandon Coats…
Continue Reading Colorado Supreme Court Upholds Firing For Medical Marijuana Use

By: Karla Grossenbacher

In what is quickly becoming the newest trending topic in class action litigation, another class action has been filed alleging the disclosure of employee personally identifiable information due to a cyber attack.

This time, the employer is the federal government, and another target in the lawsuit is the third party vendor allegedly used by the federal government…
Continue Reading Liability for Data Breach Involving Employee Information: Even the Federal Government and Third Party Vendors Are Not Immune

By Dawn Solowey and Ariel Cudkowicz

On June 1, 2015, in a 8-1 ruling, the U.S. Supreme Court ruled for the Equal Employment Opportunity Commission in the religious-discrimination case of EEOC v. Abercrombie & Fitch Stores, Inc. We blogged about that opinion on the day of the decision.

But many employers are wondering: now what? Read on for some practical,…
Continue Reading You Can’t Stick Your Head in the Sand: Dos and Don’ts for Religious Accommodation in Hiring After EEOC v. Abercrombie

By Mark A. Lies, II, James L. Curtis, and Craig B. Simonsen

Three engineers

Last week the Occupational Safety and Health Administration announced and issued a 161 page final rule to increase protections for construction workers in confined spaces. 80 Fed. Reg. 25366 (May 4, 2015), which is effective on August 3, 2015.

Confined spaces can be loosely defined…
Continue Reading OSHA Final Rule for Confined Spaces in the Construction Industry

By Sam Schwartz-Fenwick and Amanda Sonneborn

In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:

Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the case. I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference…
Continue Reading Same-Sex Marriage Bans As Sex Discrimination: The Potential Impact On Plan Sponsors And Employers

By Brian A. Wadsworth

Employers are well aware that the protections provided by 42 U.S.C. § 1981 extend to both United States citizens and permanent residents, colloquially referred to as “green card holders.”

Some employers, however, may be unaware that lawfully present aliens who are not green card holders may also be protected by § 1981. In Ruben Juarez v. …
Continue Reading Lawfully Present And Protected