Workplace Policies and Processes

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In Sickness And In Health: Seventh Circuit Clarifies Evidentiary Standard Required To Discipline Employees For Abusing FMLA Leave

By Seyfarth Shaw LLP on February 23, 2023

Posted in Absence Management & Reasonable Accommodation, Employment, FMLA, Workplace Policies and Processes

Seyfarth synopsis: Husband and Wife worked for the same employer, and both took FMLA leave for periodic flare-ups of their respective serious health conditions. The outside FMLA administrator notified the employer that Husband and Wife had frequently taken overlapping periods of FMLA leave. Under the employer’s FMLA policy, providing false or misleading…

ChatGPT – What Employers Should Be Worried About Now

By Seyfarth Shaw LLP on February 21, 2023

Posted in ChatGPT, Employment, Workplace Policies and Processes

By Karla Grossenbacher

Seyfarth Synopsis: Since ChatGPT became available to the public at large in November 2022, employers have been wondering, and asking their employment lawyers, “What kind of policies should we be putting in place around the use of ChatGPT in the workplace?” Although at this stage it is difficult to imagine all of the different ways ChatGPT…

Illinois Supreme Court Holds A BIPA Claim Accrues Upon Every Scan Or Transmission

By Seyfarth Shaw LLP on February 17, 2023

Posted in Biometric Technology, BIPA, Workplace Policies and Processes

By Danielle Kays, Paul Yovanic, Jr., and Sarah Bauman

Seyfarth Synopsis: Today, the Illinois Supreme Court issued its second Illinois Biometric Privacy Act (BIPA) decision in the past two weeks, ruling in Cothron v. White Castle System that claims under BIPA accrue each time a person scans or otherwise transmits his or her biometric information. This 4-3…

BIPA Floodgates Remain Open: Illinois Supreme Court Rules Generous 5-Year Statute Of Limitations Applies To All Illinois Biometric Information Privacy Act Claims

By Seyfarth Shaw LLP on February 3, 2023

Posted in BIPA, Illinois, Privacy, Workplace Policies and Processes

By Danielle Kays, Sarah Bauman, and James Nasiri

Seyfarth Synopsis: The Illinois Supreme Court issued its highly-anticipated decision in Tims v. Black Horse Carriers this week, ruling that a five-year statute of limitations applies to all claims under the Illinois Biometric Privacy Act (“BIPA”). The Court’s decision (available here) answers a years-old question regarding the…

Illinois Contemplates Paid Family Leave Insurance Program

By Seyfarth Shaw LLP on February 1, 2023

Posted in Absence Management & Reasonable Accommodation, Employment, Illinois, Workplace Policies and Processes

By Tracy Billows, Sara Fowler, Ala Salameh, Josh Seidman, and Meg Toth

What You Need To Know:

The legislation would provide eligible Illinois employees with up to 12 weeks of leave in a 24-month period, to be used for time

Seyfarth’s 2023 EEOC-Initiated Litigation Report Focuses on Big Changes at the EEOC

By Seyfarth Shaw LLP on January 31, 2023

Posted in EEOC, Employment Litigation, Workplace Policies and Processes

Seyfarth Synopsis: Seyfarth announces the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report.

It is with great excitement that we announce the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report. 2022 was another year of great change at the U.S. Equal Employment Opportunity Commission – and 2023 promises to be a year of…

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

By Seyfarth Shaw LLP on January 18, 2023

Posted in Employment, Illinois, Paid Leave Laws, Workplace Policies and Processes

By Gillian B. Lepore, Sara Fowler, Megan P. Toth, Tracy 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…

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

By Seyfarth Shaw LLP on January 12, 2023

Posted in ADA, disabled, Title III Access, Workplace Policies and Processes

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…

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

By Seyfarth Shaw LLP on January 10, 2023

Posted in Absence Management & Reasonable Accommodation, Employment, Employment Litigation, New York, Workplace Policies and Processes

By Michelle Shamouilian, Daniel I. Small, Courtney 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…

From Snowmageddon to Snowpocalypse: OSHA Highlights Potential Winter Weather Hazards

By Seyfarth Shaw LLP on January 5, 2023

Posted in Health & Safety, OSHA Compliance, OSHA Enforcement, Workplace Policies and Processes

By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James 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…

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