By Kyla J. Miller and Tracy M. Billows

Seyfarth Synopsis: The 4th Circuit rejected a punitive damages award won by a male AutoZone worker who accused the Company of blatantly ignoring complaints of sexual harassment by his female co-worker, finding that managers who failed to act on his complaint, without proof of intentional conduct, did not warrant a punitive
Continue Reading Punitives Are Meant to Punish: So What Happens When Management Watches & Ignores Complaints of Female-on-Male Sexual Harassment?

By Funto P. Seton and Esteban Shardonofsky

Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims under the Family and Medical Leave Act (FMLA). An interlocutory appeal recently taken from the federal court
Continue Reading “But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split

By Christina Jaremus and Katherine Mendez

Seyfarth Synopsis: Governors are already discussing lifting stay-at-home restrictions.  However, certain changes to the workplace that were implemented during the shelter-in-place period may persist.  As Steven Hawking said, intelligence is the ability to adapt to change.  No one knows this better than businesses whose success often relies on quickly adapting to change.
Continue Reading Three Ways COVID-19 Is Changing How We Will Work In The Future

By Tonya M. Esposito and Renee B. Appel

Seyfarth Synopsis:  In its largest mass enforcement action involving cannabidiol (CBD) yet, the U.S. Food & Drug Administration (FDA) announced on November 25 the issuance of 15 warning letters to various companies for illegally selling products containing CBD.  In addition to the letters, the FDA published a revised Consumer Update detailing
Continue Reading FDA Stresses CBD Safety Concerns in 15 Warning Letters and Revised Consumer Update

By Condon McGlothlen, Adam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not completely eliminate employer liabilities.

As we previously blogged, the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) will legalize recreational cannabis
Continue Reading Illinois General Assembly Passes Amendments to Recreational Cannabis Law That Help Reduce Employer Liability

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 Linda C. Schoonmaker and Brian A. Wadsworth

Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance issues and following internal policies. This case serves as a good reminder for employers to continue to document performance issues
Continue Reading Whew! Fifth Circuit Reinforces Importance of Documenting Performance Issues

By Lennon B. Haas and Kevin M. Young

Seyfarth Synopsis: In Sellars v. CRST Expedited, Inc. Case No. C15-117-LTS (July 15, 2019), the Northern District of Iowa held that employer responses to sexual harassment complaints need not deter harassment by other employees, where the employer lacks notice that those other employees might engage in harassing behavior.

Background

CRST Expedited, Inc.
Continue Reading Effective Remedial Action Does Not Require Crystal Ball, Rules Iowa Court

By Kyla J. Miller and Tracy M. Billows

Seyfarth Synopsis: The Illinois Senate unanimously passed an all-encompassing sexual harassment bill, which hits all of the big ticket workplace sexual harassment hot topics, including imposing sexual harassment training and extensive reporting requirements, bans on non-disclosure agreements, arbitration clauses and non-disparagement clauses, and hefty penalties for non- compliance. Whether the House will
Continue Reading #MeToo on the Move: Illinois Responds as Senate’s Sweeping Sexual Harassment Bill Gains Traction

By Sara Eber Fowler, Rhandi Childress Anderson, and Erin Dougherty Foley

Seyfarth Synopsis: The Department of Labor issues an opinion letter clarifying that employers must promptly designate FMLA leave, regardless of the availability of paid leave.

What if an employee wanted to say “no thank you” to their FMLA rights, use their other available leave, thereby saving
Continue Reading It’s Not A Choice – The DOL Emphasizes That Employers Must Designate FMLA Leave When It Applies