Workplace Policies and Processes

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

By Jennifer L. Mora and Frederick T. Smith

Seyfarth Synopsis As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which amended the New Jersey Constitution to legalize recreational cannabis.

The law allows employers to conduct numerous forms of drug testing for
Continue Reading New Jersey Cannabis Regulatory Commission Issues Guidance on “Workplace Impairment” Determinations

earth-3537401_1920Seyfarth is committed to helping leading employers and in-house counsel adapt to the rapidly changing business landscape and prepare for what may lie ahead. As part of that commitment, since 2017, Seyfarth has carried out a suite of initiatives based on helping clients understand the future of work and empowering them to tackle emerging workplace issues proactively. One such initiative
Continue Reading 2022 Future Employer survey – have your say on what lies ahead

By Linda C. Schoonmaker and Eron F. Reid

Seyfarth Synopsis: Baylor Miraca Genetics Laboratories, LLC (“BMGL”) is in the genetic test business. BMGL sells its tests to its “channel partners,” who in return test specimens ordered by physicians. Brandon Perthuis became BMGL’s Vice President of Sales and Marketing in early 2015. The two-page employment agreement drafted by BMGL provided
Continue Reading Do You Really Want to Keep Paying Commissions to the Salesperson You Fired?

By Jennifer L. Mora

Seyfarth Synopsis: On May 25, 2022, Rhode Island Governor Daniel McKee signed “The Rhode Island Cannabis Act,” which grants adults aged 21 and older the right to possess and grow certain amounts of cannabis for recreational use. Retail sales are expected to begin as early as December 1, 2022. The new law, which is effective
Continue Reading Rhode Island Legalizes Cannabis for Recreational Use

By Saman Haque and Ellen E. McLaughlin

Seyfarth Synopsis: In a recent ruling, Roberts v. Gestamp (Decided August 15, 2022), the Fourth Circuit reversed, in part, the lower court’s decision to grant the Company’s motion for summary judgment on the grounds that the employee did not follow the Company’s “usual and customary” absence notice procedures as required by the Family
Continue Reading How A Facebook Messenger Chat Can Become a “Usual and Customary” FMLA Notice Procedure For a Company

By Emily A. Dorner and Karla Grossenbacher,

Seyfarth Synopsis: Employers need to be aware of the significant changes that are on the horizon when the California Privacy Rights Act (CPRA) becomes operative on January 1, 2023. 

By way of background, in November of 2021, California residents voted to pass the CPRA, which affords California consumers heightened rights and
Continue Reading California Privacy Rights Act: Big Changes For Employers With Employees in California In 2023

By A. Scott HeckerAdam R. YoungJames L. Curtis, Benjamin D. Briggs, and Craig B. Simonsen

Seyfarth Synopsis: OSHA is highlighting those employed through staffing agencies, generally called temporary or supplied workers, on its homepage. “Temporary workers” are workers supplied to a host employer and paid by a staffing agency, whether or not
Continue Reading OSHA Focuses on Temporary Worker Employer Responsibilities and Guidance

By Tim Griffin

Seyfarth Synopsis: Seyfarth is committed to helping leading employers and in-house counsel adapt to the rapidly changing business landscape and prepare for what may lie ahead. As part of that commitment, since 2017, Seyfarth has carried out a suite of initiatives based on helping clients understand the future of work and empowering them to tackle emerging workplace
Continue Reading 2022 Future Employer Survey – Have Your Say on What Lies Ahead

By Annette TymanChristy Kiely, and Michelle Mellinger

Seyfarth Synopsis. The Center for Investigative Reporting has issued a FOIA request to the Office of Federal Contract Compliance Programs (“OFCCP”) for all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020.  Contractors have a 30-day period in which to file objections to the disclosure of their Type
Continue Reading EEO-1 Reports of Federal Contractors to be Released by OFCCP Absent Employer Action