Workplace Policies and Processes

By Joseph Hadacek and Joshua A. Rodine

Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting requirements of Labor Code section 226(e). Additionally, the prejudgment interest rate for violating these sections is seven percent. Naranjo v.
Continue Reading California Supreme Court Finds Meal And Rest Premiums Subject To Wage Statement And Final Pay Requirements

DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a hearing in front of the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies. During the hearing, Secretary Walsh was candid: “To be completely honest, I need more
Continue Reading Seyfarth Policy Matters Newsletter – May 20, 2022

By Adam R. Young, Brent I. Clark, and Craig B. Simonsen

Seyfarth Synopsis: Federal OSHA is rolling out an aggressive COVID-19 enforcement program to inspect “high hazard” employers, as well as re-inspect those healthcare employers who have received COVID-19 complaints in the past. 

In March 2022 at the ABA OSHA conference, OSHA enforcement leadership publicly declared the “COVID-19
Continue Reading COVID-19 “Endemic” is Not Over: OSHA is Opening New COVID-19 Programmed Inspections

By Danita N.Merlau and Benjamin J.Conley

Seyfarth Synopsis: In light of recent state-level trends, businesses have begun exploring avenues to assist employees in states with restrictive abortion laws with travel to nearby states to receive abortion services. In implementing these programs, employers should consider the various ERISA and tax code-related provisions that may impact design.

In recent years, various
Continue Reading Businesses Seek to Provide Abortion Travel Benefits in Light of Potential Supreme Court Decision

By Renée AppelRebecca DavisGiovanna Ferrari, and Ameena Majid

Seyfarth Synopsis: Staying true to the SEC’s 360 degree approach for advancing the Biden Administration’s ESG agenda, on April 29, 2022, the Securities and Exchange Commission (“SEC”) sued a publicly traded Brazilian company.

The SEC filed a securities fraud lawsuit against Vale S.A. (“Vale”) for, among
Continue Reading Misleading Statements, Including ESG Pronouncements, Land One of the World’s Largest Iron Ore Producers in Hot Water with the SEC

Moderator: Shawn Wood; Speakers: Talat Ansari, Kristine Argentine, David Bizar, Jonathan Braunstein, Tom Locke, Christopher Robertson, Caleb Schillinger, and Elizabeth Schrero

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

By Jesse M. Coleman and Owen Wolfe

A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights on what inferences courts will, and will not, draw in favor of a plaintiff seeking a preliminary injunction based on alleged
Continue Reading Federal Court Provides Insight on Meaning of “Solicitation” and Plaintiff’s Burden on Motion for Preliminary Injunction

By: Adam R. Young, Patrick D. JoyceJames L. CurtisMark A. Lies, II, and Craig B. Simonsen

Seyfarth Synopsis: The federal Occupational Safety and Health Administration has launched a National Emphasis Program to protect “millions of workers from heat illness and injuries. Through the program, OSHA will conduct heat-related workplace inspections before workers suffer
Continue Reading Vice President Harris Announces New OSHA Emphasis Program for Heat Illness

By Adam R. YoungBradley D. Doucette, Bailey G. Green, and Craig B. Simonsen

Seyfarth Synopsis: According to the Centers for Disease Control and Prevention (CDC), drowsy driving is not just a major problem in the United States, it is a public health crisis. “Drowsy driving is the dangerous combination of driving and sleepiness or fatigue.
Continue Reading Enter Sandman: Sleep and Occupational Safety at the Wheel

By Adam R. Young, A. Scott Hecker, and Craig B. Simonsen

Seyfarth Synopsis: The rate of positive drug test results among America’s workforce reached its highest rate in 2021 since 2001, and was up more than 30% in the combined U.S. workforce from an all-time low in 2010-2012, according to a new analysis released by Quest Diagnostics
Continue Reading Workforce Drug Test Positivity Climbs to Highest Level in Two Decades