By Romtin Parvaresh and Daniel C. Whang
Seyfarth Synopsis: The U.S. Court of Appeals for the Ninth Circuit recently became the seventh federal appellate court to hold that the standard for “willful” violations under the Family and Medical Leave Act is whether the employer knows or shows reckless disregard for whether its conduct violates the FMLA.
The Ninth Circuit’s
Continue Reading Majority of Federal Courts Now Agree on Standard for Willful Violations of FMLA
By Brent I. Clark, Mark A. Lies, II, Adam R. Young, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The CDC published guidance aimed at assisting retail and service companies in limiting workplace violence against or involving their employees that may be associated with enforcing face mask mandates and other COVID-19 precautions.
By James L. Curtis and Craig B. Simonsen
Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop comprehensive workplace violence prevention programs and training.
With the wave of violence that has gripped the nation this summer, many clients are again asking
Continue Reading Wave of Shootings Puts Workplace Violence Back in the Spotlight
By Paul Galligan, Joanna S. Smith, and Meredith-Anne Berger
Seyfarth Synopsis: The EEOC has increased penalties for failure to post notice violations under Title VII, the ADA and GINA by 150%. The increase will go into effect on July 5, 2016.
While an array of well-publicized cases under federal discrimination laws have made employers well aware of
Continue Reading Post Haste: EEOC Increases Penalties for Posting Violations
By Adam R. Young and Craig B. Simonsen
Violence, often involving firearms, is an increasingly common occurrence in the 21st century workplace. The Federal Bureau of Investigation notes that even though homicide is “the most publicized form of violence in the workplace, it is not the most common.”
The FBI defines workplace violence as “any physical assault, threatening behavior or
Continue Reading Workplace Violence Prevention: DHS Promotes “Active Shooter Preparedness” Programs – Is Your Company Ready?
By Mark A. Lies, II and Craig B. Simonsen
Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their decision-making as to how to respond to workplace violence.
In one case, decided by the United States Court of Appeals
Continue Reading Workplace Violence – Putting Employers on the Horns of a Dilemma