Workplace Policies and Processes

By Gillian B. LeporeSara FowlerMegan P. TothTracy M. Billows, and Joshua D. Seidman

Seyfarth Synopsis: A bill that would provide paid leave for all workers in Illinois is awaiting Governor Pritzker’s signature.  If signed into law, the bill would provide up to 40 hours of paid leave for eligible employees, effective January

Continue Reading If Pain (Or Anything Else), Yes Gain—Part 104: Illinois to Become Third State to Enact Paid Leave Law

By Minh N. Vu

Seyfarth Synopsis: We predict another busy year on all fronts as DOJ continues to push its regulatory and enforcement agenda.

Lawsuit Numbers. Last January, we predicted that roughly the same number of ADA Title III lawsuits would be filed in federal court in 2022 as in 2021, but halfway through 2022 it became apparent that the

Continue Reading ADA Title III Crystal Ball: What’s Ahead for 2023?

By Michelle ShamouilianDaniel I. SmallCourtney S. Stieber, and Robert S. Whitman

Seyfarth Synopsis: A bill pending in the New York City Council would prohibit employers from discharging employees absent just cause or a bona fide economic reason.  The bill would also ban employers from relying on data collected through electronic monitoring when discharging or disciplining

Continue Reading At-Will No More? New York City Bill Would Restrict Discharge of Employees

By A. Scott HeckerAdam R. YoungPatrick D. JoyceJames L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: On its website, OSHA is highlighting the hazards of working in winter weather and providing resources for employers to help protect their workers. 

Employers must remember that weather-based hazards exist not only in the heat and humidity

Continue Reading From Snowmageddon to Snowpocalypse: OSHA Highlights Potential Winter Weather Hazards

By Elizabeth L. Humphrey and Jennifer L. Mora

Seyfarth Synopsis: Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada Legislature passed a law requiring employers to attempt to make reasonable accommodations for its employees’ use of

Continue Reading Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law

By Giovanna A. Ferrari and David S. Wilson

Seyfarth Synopsis: On November 30, 2022, the U.S. Court of Appeals for the Third Circuit reversed the trial court’s dismissal of Plaintiff’s claim in Ascolese v. Shoemaker Const. Co. The case involved a retaliation claim brought under the federal False Claims Act, and it forced the Third Circuit to consider the effects

Continue Reading Time Out! Third Circuit Bolsters Federal Whistleblower Protections

By James L. CurtisAdam R. YoungErin Dougherty Foley, and Craig B. Simonsen

The U.S. Department of Labor has blogged about the safety of workers during the busy holiday season, indicating an area of potential enforcement for OSHA in the coming weeks.

In fact OSHA has a Holiday Workplace Safety page to learn more. Crowd management has

Continue Reading Holiday Safety Liabilities and Tips to Limit Employer Liability at Company Parties

By Danielle Kays and James Nasiri

Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was initiated by a former employee of the Defendant metal finisher, alleging that Defendant violated the Illinois Biometric Information Privacy

Continue Reading Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric Data
By Ada Dolph, Annette Tyman, Danielle Kays, Sam Schwartz-Fenwick, Sara Fowler, and Tom Posey

About the Progam
A lot can change in a year, especially during an election year! On a national level, as well as a state and local level, there have been many recent labor and employment law changes and even more changes
Continue Reading Where We Came From and Where We’re Going: What Does 2023 Have in Store for Labor & Employment Laws?

By Minh N. Vu

Seyfarth Synopsis:  UC Berkeley and the DOJ resolve an 8-year investigation with a comprehensive Consent Decree that requires UC Berkeley to make virtually all the content on its online platforms accessible to people with disabilities within three years and adopt comprehensive policies and procedures to ensure accessible online content.

After eight years, the U.S. Department

Continue Reading UC Berkeley Enters Into Consent Decree with DOJ About Its Websites and Other Online Content