By Kristina M. Launey, Scott P. Mallery, David Kim and Galen Sallomi
Seyfarth Synopsis: Now that the Legislature’s September 14, 2023 deadline to pass bills to the Governor has come and gone, we are providing an overview of which employment bills are before the Governor for consideration, including bills that impact non-compete agreements, FEHA protected categories, paid
Continue Reading Legislative Update: Nearing the End of the Road (for 2023)
By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National Labor Relations Board General Counsel Jennifer Abruzzo
Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”
By Linda Schoonmaker and Kyle Winnick
Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing. This case highlights the importance for employers to have effective harassment policies and procedures in place.
Acting promptly to remedy discrimination in the workplace is not just
Continue Reading Prompt Remedial Action Saves the Day for This Employer| By Ada Dolph, Annette Tyman, Danielle Kays, Sam Schwartz-Fenwick, Sara Fowler, and Tom Posey About the Progam A lot can change in a year, especially during an election year! On a national level, as well as a state and local level, there have been many recent labor and employment law changes and even more changes |
By Matthew J. Gagnon and Sarah K. Bauman
Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference. The updated guidelines clarify the rights of employees who engage in EEO protected activity. Key for employers are the numerous examples of what the EEOC deems retaliation in this
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 Cary Reid Burke and Stan Hill
Seyfarth Synopsis: The Eleventh Circuit Court of Appeals recently provided several reminders to employers regarding their obligations under the Family and Medical Leave Act (FMLA), in vacating summary judgment for the employer in Ramji v. Hospital Housekeeping Systems, Inc., Case No. 19-13461 (11th Cir. April 6, 2021).
First, an employer cannot get
Continue Reading 11th Circuit to Employers: Heed Your FMLA Obligations
By Honore N. Hishamunda and Erin Dougherty Foley
Seyfarth Synopsis: Employees can sometimes sour on jobs they transfer to and, this in turn, can create practical and legal risk for employers, particularly where an employee changed jobs in connection with a disability accommodation. A recent decision from the United States Court of Appeals for the Fourth Circuit, however, makes
Continue Reading Your Accommodation Can’t Be That Bad, You Asked For It….
By Bailey K. Bifoss and Andrew M. McNaught
Seyfarth Synopsis: Qualified immunity did not supply a Pennsylvania judge with a get out of jail free card, the Third Circuit concluded, holding that sexual harassment and retaliation in the workplace violate clearly established constitutional rights. However, the judge’s appeal was not a total wash, as the court refused to adopt
Continue Reading Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims
By Honore N. Hishamunda and Brett C. Bartlett
Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the United States Court of Appeals for the Eleventh Circuit, however, makes clear that employers may manage employees engaged in protected activity,
Continue Reading Title VII, Section 1981, and the Limits of Protected Activity