By Ana CidLaurence Harvey Wood, and Gabriella Long

Seyfarth Synopsis: We have seen the benefits of technology in keeping us connected in the new remote working environment and the flexibility that it provides, but how does this impact employees’ ability to disconnect from their work?

During the Covid-19 pandemic, working from home has become the new
Continue Reading The Right to “Disconnect” for Employees

By Sara Fowler

Seyfarth Synopsis: On April 21, 2021, the Chicago City Council unanimously passed an ordinance prohibiting retaliation against any employee who takes leave from work to get a COVID-19 vaccine, and requiring any employer that mandates its employees receive the vaccine to provide up to four hours of paid time off per dose.

Effective April 21, 2021,
Continue Reading The No Penalty Shot: Chicago Passes Vaccine Anti-Retaliation Ordinance

By Tessa Cranfield, Paul Cutrone, Julia Gorham, and Daniel E. Waldman

Seyfarth Synopsis: With the announcement of the roll out of the Pfizer/BioNTec COVID-19 vaccine commencing in the UK last week (week of December 7, 2020) and vaccination roll out to commence in the US in due course, international employers are considering their options to mandate
Continue Reading Mandatory COVID-19 Vaccination – The International Employment Landscape

By Karla Grossenbacher

Seyfarth Synopsis: During the COVID-19 crisis, employers are being thrust into situations in which they inquiring into and monitoring the private lives of their employees in unprecedented ways.  However, employees still have privacy rights and, even though some intrusions upon employee privacy are warranted during the pandemic, employers need to beware of unintended consequences of legally
Continue Reading COVID-19 and Workplace Privacy: Employers Beware

By Jennifer L. Mora

Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug test was the result of his use of an over-the-counter sinus medicine. While a favorable decision to employers, it serves as
Continue Reading Court Upholds Termination of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

By Christopher Im and Sharisse R. Deal

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’ expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. Here are some guiding principles.

“How’s work?”
Continue Reading Not Just Sticks and Stones: When Should Employers Step In?

By John P. Phillips

Seyfarth Synopsis: For several years now, employers and the EEOC have been at odds over whether employers must automatically reassign a disabled employee to an open position as a reasonable accommodation, or whether employers can maintain a policy of hiring the most-qualified individual for the position, by requiring a disabled employee to compete for open
Continue Reading Is Hiring the Most-Qualified Candidate Reasonable? Two Recent Decisions Say Yes.

By Michael Wahlander

Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then, employers have seen more such requests, claims made before the Labor Commissioner, and even lawsuits over production of personnel files. We offer here
Continue Reading The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

By Erin Dougherty Foley and Craig B. Simonsen

Seyfarth Synopsis: A new NLRB decision that attempts to define further the boundaries of protected speech under the NLRA.

In Laborers’ International Union of North America and Mantell, Case No. 03-CB-136940 (NLRB September 7, 2016) the initial question in the case was whether the Union restrained or coerced Frank Mantell
Continue Reading NLRB Administrative Judge Finds Employee Facebook Post Was Protected Speech