Workplace Policies and Processes

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 Elizabeth L. Humphrey

Seyfarth Synopsis: Railroad companies spend millions of dollars and thousands of hours developing their risk management systems. When a plaintiff aims to discover risk management data, companies understandably balk at the prospect of revealing information they have gone to great lengths to collect, categorize, and assess  for the purpose of mitigating

Continue Reading Does A Railroad (Or Potentially Any) Company Have To Turn Over Material Contained In Its Risk Management System In Discovery? The Alabama Supreme Court Says No

By Danielle Kays and James Nasiri

Seyfarth Synopsis: On October 17, 2022, the U.S. District Court for the Western District of Washington granted Microsoft’s motion for summary judgment on the plaintiffs’ unique class action claims in a case entitled Vance v. Microsoft Corp. The plaintiffs, and Illinois residents, uploaded several pictures of themselves to popular photo-sharing site Flickr, which then

Continue Reading Washington Federal Court Awards Important BIPA Win

By Ilana MoradyPatrick D. JoyceCoby TurnerLiz Watson and Juan Rehl-Garcia 

Seyfarth Synopsis: Two big changes are on the horizon for California employers:
(1) changes to the COVID-19 general exposure notification requirements and (2) a proposed “permanent” Cal/OSHA COVID-19 standard to take effect January 1, 2023-2025.

The fall season signals change between the

Continue Reading Changes Coming to CA COVID-19 Requirements

By Danielle Kays and James Nasiri

Seyfarth Synopsis: Earlier this week, Seyfarth’s Employment Law Lookout team posted a blog discussing the status of the first ever jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action (Rogers v. BNSF Railway Co.).  Today, the jury–in just over an hour of deliberation–entered verdict for the plaintiff.  This means that the

Continue Reading UPDATE: Jury Quickly Finds Railway Company Liable in First Ever BIPA Trial

By Dawn Reddy Solowey, A. Scott Hecker, Coby Turner and James J. Swartz, Jr.

Seyfarth Synopsis: Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance with government mandates.

Here we take a closer look at issues companies are

Continue Reading New Frontier in COVID-19 Vaccine Litigation

By Danielle Kays and James Nasiri

Seyfarth Synopsis: Last week, the first jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action case began in the U.S. District Court for the Northern District of Illinois in a case entitled Rogers v. BNSF Railway Company.  Leading up to trial, BNSF contended that, because it hired a third-party vendor to

Continue Reading Railway Company Proceeds With First Ever BIPA Jury Trial in Federal District Court in Chicago

By Sam Schwartz-Fenwick and Adam J. Rongo

Seyfarth Synopsis: The EEOC published guidance to provide clarity on its interpretation of Title VII protections for LGBTQ+ employees in the wake of the landmark case Bostock v. Clayton County, GA. A recent decision by a federal district court in Texas rejected the EEOC’s interpretation and resulting policies.

On June 15

Continue Reading What Does Bostock Mean? Texas Judge Tosses EEOC Guidance Interpreting the Landmark Title VII Ruling that Protects LGBTQ+ Employees

By Adam R. Young, James L. Curtis, Patrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: With Hurricane Ian drenching the Gulf Coast, Florida, and the Atlantic coastal states, employers are facing daunting emergencies, safety and health risks, property damage, employee disruption, and re-building.  

This blog contains an updated primer on (1) preparing for an emergency;
Continue Reading The Rain is Coming Again: Disaster Preparedness, Recovery, and Employee Safety During Hurricane Season