Seyfarth Shaw LLP

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233 S. Wacker Drive
Suite 8000
Chicago, Illinois 60606-6448, United States
Phone: (312) 460-5000
Fax: (312) 460-7000
Areas Of Practice
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
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Other U.S. Locations
  • California
  • D.C.
  • Georgia
  • Illinois
  • Massachusetts
  • New York
  • North Carolina
  • Texas
  • Washington
Other Countries
  • Australia
  • China
  • Hong Kong
  • United Kingdom
Number of Attorneys
800+ Attorneys

AB 51: Preliminary Injunction GRANTED

Seyfarth Synopsis: Among other things, AB 51 makes it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. AB 51 was quickly challenged on…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Contract Terms

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May 2024 Global Immigration Alert

Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing…more

Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures, Immigration Reform

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Paid Leave and Coronavirus — Part 29: Maryland Passes Paid Public Health Emergency Leave Mandate; Practical Effect Remains Unclear

Seyfarth Synopsis: On May 28, Maryland Governor Larry Hogan announced his intention to allow H.B. 581, the Maryland Essential Workers’ Protection Act (the “Act”), to become law without his signature. On June 1, the Act took…more

Coronavirus/COVID-19, Covered Employer, Paid Leave, Public Health Emergency, State Labor Laws

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A Tableau of Consumer Confusion – Are Alcohol Beverages and Bar Services Always Related?

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in…more

Bars, Goods or Services, Intellectual Property Protection, Likelihood of Confusion, Trademark Infringement

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“Concealing” Approved Accommodations? Tenth Circuit Finds it Does Not Violate the ADA in Certain Circumstances

Seyfarth Synopsis: On January 17, 2023, the Tenth Circuit issued a decision in Norwood v. United Parcel Service . The Tenth Circuit affirmed the trial court’s decision in favor of United Parcel Service (“UPS”), holding that…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Reasonable Accommodation

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The California Supreme Court Pulls The Carpet Out From Underneath Employers

Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA claim…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Labor Code

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Seventh Circuit Tosses BIPA Class Action On Federal Labor Law Preemption Grounds  

Seyfarth Synopsis: On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., No. 21-1067 (7th Cir. Sept. 20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act (“BIPA”)…more

Biometric Information, Biometric Information Privacy Act, Data Collection, LMRA, Preemption

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Employers Feeling the Heat: Washington Adopts Permanent Changes to Outdoor Heat Exposure Rules Effective July 17, 2023

Seyfarth Synopsis: Effective July 17, 2023, employers with outdoor workers in the state of Washington will be required to follow revised heat illness prevention rules. The revised rules modify Washington’s long-standing 2008…more

Employer Liability Issues, Heat Exposure, Labor Reform, New Guidance, Occupational Exposure

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The Supreme Court Will Determine When Federal Agencies Must Provide for the Right to a Jury Trial in Civil Enforcement Actions

The United States Supreme Court recently granted Certiorari in a closely watched case that could have significant consequences for the Securities and Exchange Commission (SEC) and certain other federal administrative agencies…more

Administrative Authority, Administrative Law Judge (ALJ), Article I, Article III, Certiorari

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A Bright Day for Employers:  The Supreme Court Decides In Lamps Plus That Courts Cannot Order Class Arbitration Without An Express Agreement

Seyfarth Synopsis: Yesterday the Supreme Court issued a 5-4 decision in the Lamps Plus, Inc. v. Varela class action arbitration case. The holding and rationale are important to employers because the Court decisively ruled that…more

Ambiguous, Appeals, Arbitration, Arbitration Agreements, Class Arbitration

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H-1B Cap Rule – Did it Work?

As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took effect…more

Beneficiaries, Foreign Workers, H-1B, Hiring & Firing, Immigrants

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Year-End Estate Planning for 2023

A strong stock market and “soft landing” have generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

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New California Legislation Outlaw PFAS in Textiles and Cosmetics in Continuation of PFAS Regulation in Western States

Seyfarth Synopsis: Governor Gavin Newsom has signed into law two sweeping pieces of legislation prohibiting certain products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) in California…more

Chemicals, Corporate Counsel, Manufacturers, PFAS, Toxic Chemicals

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New York City Finally Provides the “Key to NYC” – But Does it Open the Door to All of the Answers?

Seyfarth Synopsis: On August 3, 2021, Mayor Bill de Blasio announced that New York City would be issuing a Mayoral directive that businesses require proof of vaccination for people participating in indoor dining, fitness, and…more

Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Masks, Public Health

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New York State Issues Updated Model Sexual Harassment Prevention Policy

Seyfarth Synopsis: New York State released a revised model sexual harassment policy highlighting a lower legal threshold for conduct to constitute sexual harassment under the New York Human Rights Law and emphasizing through…more

Anti-Harassment Policies, Employee Rights, Gender Discrimination, Labor Reform, LGBTQ

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Governor Inslee Signs “Silenced No More Act” Prohibiting Nondisclosure and Nondisparagement Provisions In All Employment Agreements In Washington

On March 24, 2022, Washington state Governor Inslee signed into law Engrossed Substitute House Bill 1795 (The Silenced No More Act) (“ESHB 1795”). Washington now becomes the second state (after California) to render…more

Employer Liability Issues, Employment Contract, Governor Inslee, Non-Disclosure Agreement, Non-Disparagement Provisions

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DOJ Updates Its COVID-19 and ADA FAQs with Information About “Streateries” and Medical Facilities’ Visitor Policies

Seyfarth Synopsis: The DOJ issued guidance on two COVID-era access issues, confirming outdoor business operations must comply with the ADA and prohibiting medical providers from adopting blanket bans on companion accompaniment…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Department of Justice (DOJ), Healthcare Facilities, Patients

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Update on the ChatGPT Case: Counsel Who Submitted Fake Cases Are Sanctioned

We previously wrote about the widely-publicized Southern District of New York case involving lawyers who submitted papers citing non-existent cases generated by the artificial intelligence program ChatGPT, Mata v. Avianca, Inc…more

Artificial Intelligence, Client Services, Commercial Litigation, Ethics, Innovative Technology

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Illinois - the Newest State to Toughen its Equal Pay Laws with a Robust Salary History Ban

Seyfarth Synopsis: On July 31, 2019, the Illinois Governor J.B. Pritzker signed HB0834 into law, amending the state’s Equal Pay Act. The amendments toughen the state’s pay equity protections and includes a salary history ban,…more

Anti-Retaliation Provisions, Employer Liability Issues, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination

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“Click to Cancel”

How hard is it to just cancel? If you have found yourself pondering this question in a heat of frustration after seeing unexpected charges on your card following your latest subscription service or free trial period, you’re not…more

Automatic Renewals, Cancellation Rights, Consumer Contracts, Federal Trade Commission (FTC), Subscription Services

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Illinois BIPA Legislative Update Regarding Damages

We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, IL Supreme Court

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DOJ False Claims Act Statistics Feature Record Numbers, Familiar Industries and New Initiatives for FY 2023

On February 22, 2024, the Department of Justice (“DOJ”) reported its annual recoveries under the False Claims Act (“FCA” or “the Act”) for Fiscal Year (“FY”) 2023, in which it recovered more than $2.68 billion in settlements and…more

Coronavirus/COVID-19, Cyber Threats, Cybersecurity, Department of Justice (DOJ), Enforcement Actions

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Supreme Court Unanimously Confirms Scope Of Whistleblower Protection Under Dodd-Frank

Seyfarth Synopsis: The United States Supreme Court ruled 9-0 today that whistleblowing employees seeking to sue for retaliation under the Dodd-Frank Wall Street Reform and Consumer Protection Act must bring their concerns to…more

Anti-Retaliation Provisions, Digital Realty Trust Inc v Somers, Dodd-Frank, Internal Reporting, Reporting Requirements

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Per Diem Employment: Taking it Day by Day

Seyfarth Synopsis: “Per diem” (or per day) employment may seem like a simple way to maintain a flexible workforce enabling employers to respond to last-minute changes in staffing needs. But certain legal and practical issues can…more

Best Practices, Flexible Work Arrangements, Per Diem, Wage and Hour, Work Schedules

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Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract…more

Claim Procedures, Construction Contracts, Construction Defects, Construction Litigation, Contractors

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Washington State Governor Signs Law Severely Limiting Non-Competes

Washington state has joined the ranks of an ever-growing number of states that impose significant restrictions on employee non-compete agreements…more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Hiring & Firing

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Sweeping AI Executive Order Has Labor Implications for Employers

Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers with…more

Algorithms, Anti-Discrimination Policies, Artificial Intelligence, Bias, Biden Administration

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Prohibiting Sexual Harassment in Non-Employment Professional Relationships

Seyfarth Synopsis: California has long prohibited sexual harassment in various types of relationships, including employment relationships, and in other professional and business relationships which have elements of power…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Sexual Harassment, State Labor Laws

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National Strikes and Boycott Activities Planned for February 16 & 17 (And Beyond)

Seyfarth Synopsis: Several organizations are planning nationwide strikes and boycott activities on February 16-17 to oppose Trump Administration and Republican policies. Employers impacted by these activities should be mindful…more

Immigration Reform, NLRB, Protests, Strike4Democracy, Travel Ban

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Congress Amends the Federal Arbitration Act and Bans Arbitration Agreements Covering Sexual Harassment and Sexual Assault Claims

Seyfarth Synopsis: For more than twelve years, there have been efforts in Congress to limit the scope of mandatory employment arbitration agreements to exclude sexual harassment and sexual assault claims. Following the “Me…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Mandatory Arbitration Clauses, Sexual Harassment

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Long-Awaited Outbound Investment Program Finally Addressed

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national…more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, China, Comment Period

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Change in the Commonwealth: Reviewing Virginia’s Expansive New Employment Legislation Taking Effect Today

For months, Virginia employers have heard about the new wave of employee-friendly legislation that will create additional costs and challenges for Virginia employers.  Today, as Virginia enters Phase 3 of its reopening plan,…more

Employer Liability Issues, Employment Discrimination, Human Rights Act, Low-Wage Workers, New Legislation

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Is Arbitration the Answer: Vaccination Arbitration?

We have written a lot about the pluses and minuses of requiring arbitration of employment disputes. The arithmetic is complicated and employers come to different sums…more

Arbitration, Arbitration Agreements, Coronavirus/COVID-19, Unions, Vaccinations

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The Internal Revenue Service Extends the Payment Period for Certain Deferred Employee Payroll Taxes in Accordance with Recently Enacted Legislation

Seyfarth Synopsis: On January 19, 2021, the Internal Revenue Service (“IRS”) issued guidance (the “Guidance”) in accordance with the recently enacted COVID-related Tax Relief Act of 2020 (the “Act”) extending the payment period…more

Coronavirus/COVID-19, Corporate Counsel, IRS, Payroll Taxes, Tax Deferral

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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Federal Disaster Loan Assistance Program for Small Businesses Impacted by COVID-19

Background - On March 12, 2020, in response to President Trump’s address to the nation and the signing of the Coronavirus Preparedness and Response Supplemental Appropriations Act (the “Act”), the Small Business…more

CARES Act, Coronavirus/COVID-19, Disaster Aid, Federal Loans, Small Business

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DOJ False Claims Act Statistics Feature Record Numbers, Familiar Industries and New Initiatives for FY 2023

On February 22, 2024, the Department of Justice (“DOJ”) reported its annual recoveries under the False Claims Act (“FCA” or “the Act”) for Fiscal Year (“FY”) 2023, in which it recovered more than $2.68 billion in settlements and…more

Coronavirus/COVID-19, Cyber Threats, Cybersecurity, Department of Justice (DOJ), Enforcement Actions

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San Francisco Employees Now Entitled To Differential Pay For Military Leave

On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and…more

California, Employees, Labor Reform, Local Ordinance, Military Leave

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NYC Department of Consumer and Work Protection Issues New Notice to be Provided to Current Employees and New Hires

The New York City Department of Consumer and Worker Protection (“DCWP”) is requiring that all City employers conspicuously post its Know Your Rights at Work poster by July 1, 2024, and also provide a copy to current employees…more

City of New York, Earned Sick and Safe Time Act, Employee Rights, Employees, Employer Liability Issues

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Washington Healthcare Company Ordered to Pay Workers Almost $100M for Missed Meal Breaks, Unpaid Time

Last week, a Washington healthcare company was ordered to pay 33,000 workers $98.3 million in damages in a class action related to its meal break and timeclock rounding practices. The vast majority of the awarded damages…more

Class Action, Employees, Employment Litigation, Healthcare Workers, Labor Law Violations

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Texas Court of Appeals Dismisses Trade Secret Case Against Defendant for Lack of Personal Jurisdictional

Establishing jurisdiction over a defendant is critical in every lawsuit. Trade secret cases are certainly no different.  A recent appellate decision from Texas underscored this important point by dismissing a plaintiff’s claim…more

Confidential Information, Intellectual Property Protection, Misappropriation, Personal Jurisdiction, Trade Secrets

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No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 4)

Seyfarth Synopsis: For the final blog in this series regarding the legacy of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog closes its survey of federal Circuit Courts with key rulings from the Ninth,…more

Article III, Class Action, Employees, Employment Litigation, Injury-in-Fact

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USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration…more

Department of Homeland Security (DHS), Employees, Final Rules, Foreign Workers, H-1B

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Fifth Circuit Finds The COVID-19 Pandemic Is Not A Natural Disaster Under The WARN Act

Seyfarth Synopsis: In Easom v. US Well Servs., No. 21-20202, 2022 U.S. App. LEXIS 16556 (5th Cir. June 15, 2022), the employer defendant invoked the WARN Act’s “natural disaster” exception when it conducted mass layoffs in its…more

Coronavirus/COVID-19, Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs

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EEOC Releases Its Internal Report Card:  Revelations From The Commission’s Annual Performance Report

Seyfarth Synopsis: On March 13, 2022, the EEOC released its fiscal year (“FY”) 2022 performance report (“APR”). The APR is the EEOC’s own “report card.” It analyzes the Commission’s performance results based on its Strategic…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition

Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and…more

Adverse Employment Action, AutoZone, Depositions, Employer Liability Issues, Employment Litigation

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Paid Leave and Coronavirus—Part XII: More New Jersey COVID-Related Paid Leave Amendments, Including School Closure Leave, Signed into Law

Seyfarth Synopsis: New Jersey extends its Family Leave Act, disability and paid family leave laws by offering leave to employees to care for a family member in the event of an epidemic of a communicable disease, or in connection…more

Business Closures, Coronavirus/COVID-19, Executive Orders, Governor Murphy, New Jersey

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No Splitting Hairs About It: New York City Issues Guidance Banning Hair Discrimination

Seyfarth Synopsis: New York City recently released guidance that ensures that all New Yorkers, with an emphasis on black people, have a right to wear their “natural hair, treated or untreated hairstyles such as locs, cornrows,…more

Anti-Discrimination Policies, Appearance Policy, Dress Codes, Employer Liability Issues, Employment Discrimination

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

See all updates »

Long-Awaited Outbound Investment Program Finally Addressed

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national…more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, China, Comment Period

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Court Rules that Rivian and Lucid May Sell Vehicles Direct to Consumers in Illinois

On December 19, 2022, an Illinois state trial court issued an order dismissing, with prejudice, a complaint filed by the Illinois Automobile Dealers Association (“IADA”) and numerous individual franchised dealers against Rivian,…more

Automotive Industry, Car Dealerships, Franchisee, Franchises, Tesla

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New York State Lifts Mandatory Industry Specific COVID-19 Guidelines Upon Reaching 70% Adult Vaccination Goal

Seyfarth Synopsis: On June 15, 2021, Governor Cuomo announced that the State would be rolling back much of the industry-specific COVID-19 guidance as the State has hit its goal of a 70% adult vaccination rate, as discussed in…more

Coronavirus/COVID-19, Governor Cuomo, Infectious Diseases, Public Health, State and Local Government

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New Illinois Law Requires Unpaid Child Bereavement Leave

Seyfarth Synopsis: Illinois recently became one of two states to enact a statute requiring certain employers provide two weeks of unpaid leave to employees who suffer the loss of a child. On July 29, 2016, Illinois became…more

Bereavement Leave, CBLA, Family and Medical Leave Act (FMLA), Minor Children, New Legislation

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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The Supreme Court Pours Some Concrete on the Right to Strike

On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort action…more

Employee Rights, Glacier Northwest v International Brotherhood of Teamsters, Labor Relations, NLRA, NLRB

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Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call upon…more

Class Action, Commercial Bankruptcy, Commercial Court, Commercial Litigation, Cybersecurity

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The California Supreme Court Pulls The Carpet Out From Underneath Employers

Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA claim…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Labor Code

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International Women’s Day 2024: Pay gaps, the law of averages and accelerating progress

International Women’s Day for 2024 has the important theme of Count Her In: Invest in Women. The UN talks about the importance of empowering women and investing in women in a range of ways. This includes accelerating women’s…more

Australia, Employer Liability Issues, Equal Pay, Gender Discrimination, International Labor Laws

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Mendoza v. Nordstrom: Court to Define “Day of Rest”

“The rest is silence.” So spake Hamlet, as he expired on stage. Lawyers love wordplay. Webster defined it as the “playful or clever use of words.” Google defines wordplay as “the witty exploitation of the meanings and…more

CA Supreme Court, Employer Liability Issues, Nordstrom Inc., Retailers, Wage and Hour

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Massachusetts Releases Updates And New Forms Regarding Paid Family And Medical Leave

Seyfarth Synopsis:  With Massachusetts Paid Family and Medical Leave (PFML) benefits becoming available on January 1, 2021, the Massachusetts Department of Family and Medical Leave (Department) issued several updates, a new set…more

Employer Liability Issues, Labor Reform, Labor Regulations, Paid Family Leave Law, Regulatory Requirements

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The Art of Defending (or Lodging) a Failure to Accommodate Claim: A Lesson on The Rehabilitation Act

Seyfarth Synopsis: The Tenth Circuit further clarifies The Rehabilitation Act while making it even harder to get rid of failure to accommodate claims at the summary judgment stage; FEHA and ADA implications may follow…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Disability Discrimination, Employment Litigation, Failure to Accommodate

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Employer Beware: When Louisiana Says “Employee”, It Means Employee

Louisiana is not a fan of non-competes. Any employer who has employees in Louisiana is likely aware of that (or should be). Louisiana statutory code says so; case law says so; and now the Fifth Circuit has chimed in to add a…more

Employer Liability Issues, Employment Contract, Non-Compete Agreements, Restrictive Covenants

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Restoring “Balance” To The (Work)Force: The Board Clarifies Its Tests To Determine When “Protected Activity” Becomes Unprotected

Seyfarth Synopsis: The Board affirms an employer’s decision to discharge an employee for engaging in dishonesty and a security breach. In the process, it clarifies the legal standards to be used when assessing whether non-verbal…more

Administrative Law Judge (ALJ), Disciplinary Proceedings, Employee Misconduct, Employment Litigation, Hiring & Firing

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The Spotlight Is On Employee Records Requests!

Seyfarth Synopsis: Employees have a right to request their employment records, but which records can they request? And how quickly do employers have to produce them? And who should they be produced to? And is there a way for…more

Employees, Employment Policies, Employment Records, Labor Code, Personnel Records

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Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other…more

Breach Notification Rule, Data Breach, Data Privacy, Data Protection, Department of Health and Human Services (HHS)

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My Word! Design Patents on a Typeface

Utility patents are for functional inventions. Design patents protect the look of something functional, regardless of whether the functional aspects are new. Because of this, a popular use of design patents is to protect the…more

Design Patent, Intellectual Property Protection, Patent Infringement, Patents, Trademark Infringement

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If Pain (Or Anything Else), Yes Gain – Part 110: Imminent Changes to Colorado's Healthy Families and Workplaces Act

What You Need To Know: Effective August 7, 2023, Colorado employees will be able to use leave under the Colorado Healthy Families and Workplaces Act for bereavement, to care for family members whose school or place of care…more

Colorado, Employees, Employer Liability Issues, Labor Reform, New Legislation

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Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference

This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission,…more

American Bar Association (ABA), Americans with Disabilities Act (ADA), Department of Labor (DOL), Employees, Employer Liability Issues

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The Adult Survivors Act Claim Revival Window, and How to Be Ready When It Opens

For any company doing business in New York, this coming November 24 represents more than just Thanksgiving 2022: it will also initiate a one-year period in which nearly any person who claims to have suffered sexual abuse at any…more

Child Abuse, Crime Victims, Employment Policies, Insurance Industry, Sexual Abuse

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

See all updates »

New York Attorney General’s Office’s Recent EyeMed Investigation Highlights Need to Meet Expanded Data Privacy Standards of New York’s SHIELD Act

Earlier this month, the New York Attorney General’s Office issued findings of its investigation into a data security incident involving EyeMed Vision Care LLC (“EyeMed”) as well as the agreement that it entered into with the…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In…more

ADEA, Age Discrimination, Appeals, Compensation & Benefits, Corporate Counsel

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California Supreme Court Rejects Conversion Claim for Unpaid Wages

Seyfarth Synopsis: In Voris v. Lampert, the California Supreme Court held that unpaid wages cannot be recovered through a tort claim for conversion…more

Alter Ego, CA Supreme Court, Compensation & Benefits, Conversion, Employer Liability Issues

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COVID-19 Riders for Construction Change Orders

The cost and time to perform change order work may increase as a result of COVID-19 impacts that arise after the change order is agreed upon. The Contractor can include contingencies for that risk in its lump sum pricing, but…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Coronavirus/COVID-19

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Opening the Door to Adjustment of Status with New TPS Travel Authorization Policy

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) has announced an important policy change that will benefit noncitizens holding Temporary Protected Status (TPS). The new policy permits USCIS to issue a new…more

Department of Homeland Security (DHS), Foreign Nationals, Immigration Procedures, Temporary Protected Status, USCIS

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FDIC Issues Final Rule to Codify Section 19’s Policy on Hiring Individuals with Convictions for Minor Criminal Offenses

Seyfarth Synopsis: On July 24, 2020, the Federal Deposit Insurance Corporation issued a final rule that codifies the FDIC’s Statement of Policy (SOP) related to Section 19 and makes several important changes to the SOP. The…more

Criminal Background Checks, Criminal Records, De Minimis Claims, FDIC, Financial Institutions

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IRS Releases 2024 Limits for Health and Welfare and Related Plans

Seyfarth Synopsis: The IRS has announced an increase to the applicable dollar amount for determining the Patient-Centered Outcomes Research Institute (“PCORI”) Fee for 2024 as well as other health and welfare limits…more

Affordable Care Act, Department of Health and Human Services (HHS), Employee Benefits, HDHP, Health and Welfare Plans

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New York LLC Transparency Act: What You Need to Know

On December 22, 2023 the State of New York adopted the New York LLC Transparency Act (as amended to date, the “NY LLCTA”). The NY LLCTA in many respects follows the federal Corporate Transparency Act (together with any…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Limited Liability Company (LLC)

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Franchising during the Coronavirus recession

Franchise systems around the country are confronting unprecedented challenges and business disruptions from the spread of the coronavirus (COVID-19)…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Franchises

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Latest FinCEN Guidance on the CTA Reporting Rules

On January 12, 2023, the Financial Crimes Enforcement Network (FinCEN) released additional updated guidance to the Beneficial Ownership Information Reporting Frequently Asked Questions regarding the Beneficial Ownership…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, Financial Regulatory Reform, FinCEN

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EPA Publishes Guidance on Plantwide Applicability Limitation Provisions Under the NSR Rules

Seyfarth Synopsis: On August 5, 2020, the U.S. Environmental Protection Agency (EPA or Agency) released a final memorandum on “Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review Regulations.”…more

Air Pollution, Carbon Emissions, Environmental Policies, Environmental Protection Agency (EPA), Memorandum of Guidance

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Difficult Leasing Decisions for Tenants During the Coronavirus Crisis

Disruptions from the coronavirus (COVID-19) pandemic will have a lasting impact on industries worldwide. Commercial real estate tenants are being forced to make difficult decisions to adapt to these sudden changes, especially…more

Breach of Contract, Business Closures, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19

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New York LLC Transparency Act: What You Need to Know

On December 22, 2023 the State of New York adopted the New York LLC Transparency Act (as amended to date, the “NY LLCTA”). The NY LLCTA in many respects follows the federal Corporate Transparency Act (together with any…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, FinCEN, Limited Liability Company (LLC)

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TMB Passes Emergency Rules to Enforce Governor Abbott’s Executive Order GA-09

Following Governor Greg Abbott's issuance of Executive Order GA-09 (“Executive Order”), the Texas Medical Board (“TMB”) adopted rules on March 24, 2020 on an emergency basis to enforce the Executive Order’s prohibition against…more

Coronavirus/COVID-19, Elective Surgical Procedures, Governor Abbott, Licensing Boards, Medical Directives

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DOJ Antitrust Division Suffers Back-to-Back Trial Defeats In Wage Fixing And “No Poach” Cases

Last week, the United States Department of Justice (“DOJ”) Antitrust Division suffered back-to-back trial defeats in its recent enforcement initiative to use the Sherman Act to stop employers from using allegedly anticompetitive…more

Antitrust Division, Antitrust Violations, Criminal Prosecution, Department of Justice (DOJ), No-Poaching

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Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and services…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Copyright, Copyright Litigation, Copyright Office

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Preparing Australian Employers For Increases In Employment Class Action Lawsuits

Employment class action lawsuits are a common cause of action in North America, and while we have traditionally seen fewer in Australia, there has been a recent uptick in occurrences…more

Australia, Class Action, Employer Liability Issues, Employment Litigation, Enforcement Actions

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EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday Litigation

In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's…more

ADEA, Americans with Disabilities Act (ADA), Artificial Intelligence, Civil Rights Act, Class Action

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Paging Healthcare Workers! California Legislature Passes Bill Raising Minimum Wages

Seyfarth Synopsis: On September 14, 2023, the California legislature passed S.B. 525, which will raise minimum wages for health care workers across the state. The bill includes five separate minimum wage schedules for covered…more

California, Employees, Healthcare Facilities, Healthcare Workers, Labor Code

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USCIS Announces Significant Fee Increases Effective on April 1, 2024

Seyfarth Synopsis:  Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits…more

Filing Fees, Foreign Workers, Form I-129, Form I-140 Petitions, H-1B

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The District of Columbia Court of Appeals’ Recent Significant Legal Precedent Carries Implications for Standards Organizations

In American Society for Testing and Materials (ASTM), et al. v. Public.Resource.Org, Inc. (PRO), 82 F.4th 1262 (D.C. Cir. 2023), the plaintiffs, ASTM, National Fire Protection Association (NFPA), and American Society of Heating,…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Intellectual Property Protection

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Recent Supreme Court Trump Decisions and ERISA Jurisprudence

Seyfarth Synopsis: The Supreme Court has shown a recent reluctance, as a general matter, to expand the scope of its review.  That reluctance should apply as well to cases that seek to extend the scope and enforcement of ERISA…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Preemption

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Workers’ Compensation Liability Is Catching In California

Seyfarth Synopsis: Senate Bill 1159 was signed into law by Governor Newsom on September 17, 2020, and went into effect immediately. Under the new law, if employees test positive for COVID-19 under specific circumstances, there…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Executive Orders, Governor Newsom

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Retail Detail: Can Retail Gig Workers Be Treated As Non-Employees? A Federal Court Casts Doubt

In recent years, the retail sector’s use of non-employee gig workers has grown dramatically.  Both retailers and brand-name distributors have increasingly used workers who accept work on a project-by-project basis to load and…more

Employee Definition, Employer Liability Issues, Gig Economy, Independent Contractors, Retailers

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2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our…more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), NLRB

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New Permitting Requirements Proposed for Construction Projects in the City of Boston

The City of Boston has proposed new safety protocols for construction work deemed essential during the ongoing health emergency caused by the COVID-19 virus…more

Boston, Construction Contracts, Construction Industry, Construction Permits, Construction Project

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USCIS Again Increases Auto-Extended Work Permits for Certain EAD Renewals

U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from up to 180 days to…more

Auto-Renewal, Corporate Counsel, Employment Authorization Documents (EAD), Foreign Workers, Form I-9

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PBGC Addresses Withdrawal Liability Assumptions For First Time In New Proposed Rule

Seyfarth Synopsis: On October 14, 2022, the Pension Benefit Guaranty Corporation (“PBGC”) published its proposed rule under ERISA Section 4213 (the “Proposed Rule”), which sets forth for the first time the agency’s guidance on…more

Comment Period, Employee Benefits, Employee Retirement Income Security Act (ERISA), Interest Rates, Multiemployer Pension Plan Amendments Act (MPPAA)

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Failure to Hire Claims Go Up In Smoke for Pot-Using New Jersey Job Applicant

On May 25, 2023, the U.S. District Court for the District of New Jersey granted an employer’s motion to dismiss a putative class action in Zanetich v. Wal-Mart Stores E., Inc. Addressing an issue of first impression, the Court…more

Cannabis Products, Drug Testing, Employee Rights, Employer Liability Issues, Employment Discrimination

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Streamlining Services: USCIS Auto-Extensions for Work Permits – A Step Towards Efficiency and Relief

U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540…more

Employment Authorization Documents (EAD), Extensions, Foreign Workers, Form I-9, Hiring & Firing

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PACA Liens: A New Cloud on Title?

The Perishable Agricultural Commodities Act (PACA) was passed by Congress in 1930 to protect agricultural produce suppliers from unscrupulous vendors who refused to pay the suppliers for their goods. PACA contains language…more

Agricultural Sector, Commercial Bankruptcy, Commercial Tenants, Fiduciary Duty, Grocery Stores

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Employer Sponsored Disaster Relief Programs – Four Options to Consider

With the COVID-19 pandemic now a presidentially-declared national emergency—and for this purpose a “qualified disaster”—employers nationwide have several options available for providing employees and their families in need with…more

501(c)(3), Coronavirus/COVID-19, Disaster Aid, Emergency Management Plans, Relief Measures

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SDNY Judge Gets Tough on Serial Website Plaintiffs

Seyfarth Synopsis: SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing…more

Americans with Disabilities Act (ADA), Disability Discrimination, Public Accommodation, Title III, Website Accessibility

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Biden Executive Order Mandates Union Agreements for Federal Construction Projects of $35 Million or More

On February 4, 2022, President Biden signed an Executive Order that mandates the use of project labor agreements (“PLAs”) on federal construction projects valued at or above $35 million. PLAs are pre-hire collective bargaining…more

Biden Administration, Construction Project, Executive Orders, Federal Contractors, Project Labor Agreements

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Hotel Franchising in the Time of COVID-19

With hotel occupancies plunging to levels well below those seen in prior epidemics, wars and recessions, particularly in large cities, hotel and hospitality franchisors and franchisees are awake at night trying to deal with a…more

Business Interruption, Employer Liability Issues, Health and Safety, Hospitality Industry, Hotels

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If Pain, Yes Gain – Part 120: CDC Shortens COVID-19 Isolation Guidelines; Potential Impact on New York COVID-19 Paid Leave

On March 1, 2024, the CDC scaled back its guidance regarding COVID-19, most notably ending its recommendation of a five-day quarantine following a positive COVID-19 diagnosis…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employees, Employer Liability Issues, Health and Safety

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A Leadership Invitation on Inclusion & Belonging During the COVID-19 Pandemic

For weeks, leaders in our profession have been living, breathing, and reacting to COVID-19. Thank you for your continued leadership as things change from day to day. …more

Business Continuity Plans, Business Disruption, Business Strategies, Coronavirus/COVID-19, Leadership

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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SEC Publishes Public Company Cybersecurity Disclosure Final Rule

What Happened - On July 26, the U.S. Securities & Exchange Commission (SEC) adopted its Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure final rule on a 3-2 vote. The final rule is a modified…more

Cybersecurity, Data Breach, Data Protection, Disclosure, Final Rules

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What to Know About Recourse Carve-Outs in the Age of COVID-19

In this challenging and rapidly changing environment, real estate players are dealing with the effects of COVID-19 on real property operations in real time. As they make decisions at an accelerated pace, they should bear in mind…more

Commercial Leases, Commercial Real Estate Market, Commercial Tenants, Contract Terms, Coronavirus/COVID-19

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Fifth Circuit Affirms Striking Down Individual Mandate of Affordable Care Act and Remands on Issue of Severability

In a bold but conservative 2-1 decision Wednesday, The United States Court of Appeals for the Fifth Circuit affirmed the ruling of a federal district judge in Texas striking down the individual mandate of the Affordable Care Act…more

Affordable Care Act, Appeals, Article III, Constitutional Challenges, Employee Benefits

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Top Ten Considerations for Employers When it Comes to Potential COVID-19 Vaccine Programs

With the possibility of a COVID-19 vaccine on the horizon, many employers are starting to ask themselves how they’re going to handle this eventuality.  Below are ten considerations for employers to keep in mind from the…more

Americans with Disabilities Act (ADA), Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies

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ERISA Fiduciary Breach Litigation Can Involve Complicated Damages Analyses

Seyfarth Synopsis: If an ERISA plaintiff establishes a fiduciary breach, expect the computation of damages to be a complicated process that may enhance damages through judgment. And a court judgment in complicated cases can…more

Breach of Duty, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Final SEC Climate Disclosure Rules Greeted with Mixed Emotions and Lawsuits: What Your Company Needs to Know

On March 6, 2024, the SEC announced its long-awaited adoption of final rules regarding climate-related disclosures by public companies and in public offerings (the “Climate Rules”). The SEC dialed back the more prescriptive…more

Business Strategies, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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The four-day workweek: What’s not to love about a shorter working week?

The arrival of a four-day workweek (where staff work fewer hours with no loss of pay) is a hot topic for employers in Australia and overseas. Employees generally see this work arrangement as a viable way to maintain a work/life…more

Employer Liability Issues, International Labor Laws, UK, Wage and Hour

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Court Finds Named Plaintiffs Inadequate to Represent Proposed Class on ERISA Excessive Fee Claims

Seyfarth Synopsis: A recent decision from the Eastern District of Michigan serves as a reminder that—while courts are often quick to certify classes in ERISA cases—plaintiffs must satisfy the requirements of Rule 23 and that…more

Breach of Duty, Class Action, Class Certification, Class Representatives, Compensation & Benefits

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SECURE Act 2.0: Hold My Beer

Seyfarth Synopsis: The SECURE Act, passed just before the onset of the COVID-19 pandemic at the end of 2019 (“SECURE 1.0”), significantly altered the retirement plan landscape. For a reminder on how the SECURE Act changed the…more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Retirement

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Proposed enhancement of Hong Kong’s climate-related disclosures under the current environmental, social and governance (“ESG”) framework

On 14 April 2023, the Stock Exchange of Hong Kong Limited (“HKSE”) published a consultation paper seeking market feedback on proposals to enhance climate-related disclosures under the current ESG framework for listed companies…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Reminder: Looming June 30, 2023 Sexual Harassment Training Deadlines for Chicago Employers

Seyfarth Synopsis: Employers must ensure their employees complete required sexual harassment training by June 30, 2023 pursuant to the City of Chicago Human Rights Ordinance which was amended last year and imposed new…more

#MeToo, Employee Training, Employer Liability Issues, Labor Reform, Local Ordinance

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San Francisco’s 10-Day Travel Quarantine Order Tells Holiday Travelers to Stay Home, Though Santa Likely Excepted

Seyfarth Synopsis. On December 18, 2020, San Francisco imposed a 10-day mandatory quarantine on most people traveling or returning to the city for more than 24 hours. The order does not apply to travel within the larger Bay…more

Coronavirus/COVID-19, Infectious Diseases, Quarantine, State and Local Government

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California To Protect Pay Equity Reporting Requirements From Federal Challenge?

Seyfarth Synopsis: The California state assembly is set to vote on Senate Bill 171, a state analogue to the federal EEO-1 report, which would require employers with 100 or more employees to submit annual pay data reports to the…more

Data Collection, EEO-1, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Equal Pay

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Mental Health Compliance Report Issued to Congress Spoiler Alert – Plans All Fail

Seyfarth Synopsis: The Mental Health Parity and Addiction Equity Act (MHPAEA) requires group health plans and insurers to cover treatments for mental health and substance use disorders in a manner that is equitable to the plans'…more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), EBSA, Employee Benefits

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Georgia Signals Greater Leeway in Revising Overbroad Non-Competes

In a recent decision, the Eleventh Circuit seemed to approve a more forgiving standard for reviewing restrictive covenants. Courts generally have three colors in their markup kit for restrictive covenants. The first—and most…more

Contract Terms, Employees, Employer Liability Issues, Employment Contract, Georgia

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Long Awaited California Pay Report Template Released

Seyfarth Synopsis: On February 1, 2021, California’s Department of Fair Employment and Housing released key information regarding the recently enacted Pay Data Reporting Law.  Materials include a template of the pay report,…more

California, DFEH, Employer Liability Issues, Pay Data, Reporting Requirements

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California Court of Appeal Affirms Injunction Barring Netflix From Poaching Fox Executives, Citing Unfair Competition

In what may seem to be a surprising series of events, given the state’s infamous hostility to restrictive covenants, a California appellate panel recently affirmed a Los Angeles Superior Court judgment effectively enjoining…more

Netflix, Restrictive Covenants, Tortious Interference, Unfair Competition

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Court of Appeal Holds Statutory Rights Supersede Arbitration Award

Seyfarth Synopsis: California Business and Professions Code section 16600 expresses California’s strong public policy of protecting the right of citizens to pursue any lawful employment…more

Arbitration, Arbitration Awards, Employer Liability Issues, Employment Contract, Mediation

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Distribution Law Series: The Accidental Franchise?

According to National Association of Wholesaler-Distributors, wholesale distribution revenue accounts for 27.5% of US GDP, or $5.9 trillion, as of 2019. In other words, wholesale distribution is a significant way by which…more

Franchises, Sales & Distribution Agreements, Wholesale

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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FHFA Releases Multifamily Caps for Fannie Mae and Freddie Mac

For those who may have missed it, the Federal Housing Finance Agency (FHFA) just released the 2022 multifamily loan caps for Fannie Mae and Freddie Mac (the Enterprises) increasing each Enterprise's multifamily cap to $78…more

Affordable Housing, Fannie Mae, FHFA, Freddie Mac

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Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference

This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission,…more

American Bar Association (ABA), Americans with Disabilities Act (ADA), Department of Labor (DOL), Employees, Employer Liability Issues

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New York City’s New Biometric Privacy Law Goes Into Effect July 9, 2021

Seyfarth Synopsis: New York City’s new biometric privacy ordinance creates a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability. Employers who do business…more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Data Collection, Data Privacy

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Commercial Litigation Outlook - 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global tumult…more

Arbitration, Commercial Bankruptcy, Commercial Insurance Policies, Commercial Litigation, Dispute Resolution

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NLRB GC Abruzzo Charges Forward With Memos Detailing Controversial Labor Agenda

On March 20, 2023, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 23-04. The memorandum is a follow-up to her August 12, 2021, GC Memo 21-04 (“Mandatory Submissions to Advice”), in…more

Employer Liability Issues, NLRA, NLRB, NLRB General Counsel, Protected Concerted Activity

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Ohio Courts: A Microcosm of the Judiciary’s Struggle to Address Insurance Coverage in the Wake of the COVID-19 Pandemic

Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or not)…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Insurance Litigation

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Court of Appeals Clarifies New York’s Approach to “Successor Jurisdiction”

On April 18, 2024, the New York Court of Appeals (New York’s highest appellate court) issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, --- N.E.3d ---, 2024 WL 1661460 (Apr. 18, 2024) in which it held…more

Acquisition Agreements, Business Litigation, Business Succession, Commercial Litigation, Corporate Sales Transactions

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California’s Mandate: Give Me Vaccinations, Or Give Me Tests!

Seyfarth Synopsis: On July 26, 2021, Governor Newsom, announced that California state workers and workers in “health care” and “high-risk congregate settings” will be mandated to either show proof of being fully vaccinated, or…more

Coronavirus/COVID-19, Governor Newsom, Infectious Diseases, Public Health, Vaccinations

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Get Off My Lawn (Or Gurney): Off Duty Employees Allowed To Picket on Hospital Employer’s Property

Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance. After the collective bargaining agreement between acute…more

Collective Bargaining, Health Care Providers, Healthcare, Hospitals, NLRA

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Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other…more

Breach Notification Rule, Data Breach, Data Privacy, Data Protection, Department of Health and Human Services (HHS)

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General Release May Not Preclude FLSA Claims Says Fifth Circuit

If I settle my employment lawsuit and release “all claims,” does that include wage-hour claims if the subject never came up? Last week, in Bodle, et al. v. TXL Mortgage Corporation, the Fifth Circuit said no…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Release of Liability, Restrictive Covenants, Sales Commissions

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Agencies Defer Final Action on Junk Insurance, While Suggesting Caution Against One Last “Binge”

The agencies have finalized a portion of their proposed rules impacting so-called “junk insurance” regarding short-term limited-duration insurance, but deferred finalizing the more significant changes that would have impacted…more

Consumer Insurance Products, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Benefits, Final Rules

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FDA Issues Nutrition-Labeling Guidance in Response to the COVID-19 Pandemic

FDA recently issued two nutrition-labeling guidance documents intended to provide restaurants and food manufacturers flexibility during the public health emergency declared by the Department of Health and Human Services. …more

Delays, Fast-Food Industry, Food and Drug Administration (FDA), Food Labeling, Grocery Stores

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Cross-Border Transactions: Key Items to Review When Performing Human Resource and Employment Due Diligence

Seyfarth Synopsis: In the world of cross-border mergers and acquisitions, complex human resource and employment considerations arise during the transaction’s due diligence process. Depending on the transaction’s structure, these…more

Collective Bargaining Agreements (CBA), Cross-Border Transactions, Due Diligence, Form I-9, Immigration Procedures

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Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether…more

Adverse Employment Action, Civil Rights Act, Department of Justice (DOJ), Employee Transfers, Employees

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The IRS Extends the 45-Day and 180-Day Deadlines for Section 1031 Exchanges Initiated Before March 13, 2020 and the Deadline to Reinvest Eligible Gains in a Qualified Opportunity Zone Fund Affected by COVID-19

On April 9, 2020, following issuance by the President of the United States of an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act on March 13, 2020, the Secretary of the U.S…more

Coronavirus/COVID-19, Deadlines, Guidance Update, IRS, Like Kind Exchanges

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Navigating the New World of Work: Is Contracting on the Way Out?

Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies…more

Australia, Background Screening Services, Contractors, Employee Rights, Employer Liability Issues

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Knock, Knock… Who’s There And Do I Have To Let You In?

Does an employer have to let a union official in? Only if they have a permit! Right of entry disputes are common – partly because of the multiple laws that at a glance seem to overlap in a way that can be confusing. The…more

Australia, Employment Policies, Fair Work Act, OSHA, Private Property

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New Year’s Resolution: Update Your Employee Handbook

Seyfarth Synopsis: Every year California enacts a host of new laws that mean even the most diligent employers need to give their handbooks and policies a review and make sure they are up to date with the latest developments…more

Bereavement Leave, California Family Rights Act (CFRA), Employee Handbooks, Employer Liability Issues, Employment Policies

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Minimum Wage Increases Across the Pride Lands

Seyfarth Synopsis: The great California patchwork of minimum wage ordinances might have employers feeling full of matatas, but no worries! Seyfarth is here to explain the circle of life of these laws so that even the slowest…more

Employer Liability Issues, Local Ordinance, Minimum Wage, State and Local Government, Wage and Hour

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The five red flags of wage non-compliance

Many in our readership will have embarked (or are embarking) upon a compliance audit of workplace entitlements. Anyone who has done so will appreciate the difficulties associated with what becomes a massive and complex task. The…more

Employer Liability Issues, Wage and Hour, Wage Theft

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Argument Update: Fifth Circuit Panel Seems Poised to Vacate DOL’s 2021 80/20 Rule

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this…more

Department of Labor (DOL), Employer Liability Issues, Food Service Workers, Hospitality Industry, Labor Reform

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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PAGA Paraphrased – Nickson v. Shemran, Inc., 90 Cal.App.5th 121 (2023)

Seyfarth Synopsis: The Fourth District joined the Second District in issuing another published decision holding that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration…more

Arbitration, Arbitration Agreements, Private Attorneys General Act (PAGA)

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Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference

This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission,…more

American Bar Association (ABA), Americans with Disabilities Act (ADA), Department of Labor (DOL), Employees, Employer Liability Issues

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United States Announces Forthcoming Expansion of Travel Restrictions to Include India

Seyfarth Synopsis: The U.S. announced on April 30, 2021 that most travel from India will be restricted effective May 4, 2021, due to rising COVID-19 infections in India…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Infectious Diseases, International Travel, Public Health

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Strength in Numbers? Not Necessarily, Says Second Circuit

Seyfarth Synopsis: A recent Second Circuit decision casts doubt on the usefulness of national statistics to support a claim of hiring disparities at the pleading stage of litigation. Unless the national population mirrors the…more

Civil Rights Act, Criminal Background Checks, Criminal Records, Employer Liability Issues, Employment Litigation

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FLSA Pleading:  Mathematical Precision Not Required

Seyfarth Synopsis: The Supreme Court’s decision in Iqbal on the requirement of specificity in pleading provided the guidance that “determining whether a plausible claim has been pled is a context-specific task that requires the…more

Employees, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA…more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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A Purchaser’s Guide for Preparing a Closing Checklist in a Skilled Nursing Home Property Acquisition

Prior to acquiring any real estate, which will be operated as a skilled nursing facility (“SNF”), a purchaser should perform a thorough due diligence investigation as to any material facts or issues relevant to the intended use…more

Centers for Medicare & Medicaid Services (CMS), Certificate of Need, Due Diligence, Licenses, Real Estate Transactions

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[Webinar] How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers? - August 31st, 1:00 pm EDT

The NLRB is expected to release its long-anticipated decision in Browning-Ferris Industries of California, Inc. shortly, possibly today. This decision will likely mark a radical departure from the currently accepted standard…more

Browning-Ferris Industries of California Inc., Construction Industry, Department of Labor (DOL), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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New York City Finally Provides the “Key to NYC” – But Does it Open the Door to All of the Answers?

Seyfarth Synopsis: On August 3, 2021, Mayor Bill de Blasio announced that New York City would be issuing a Mayoral directive that businesses require proof of vaccination for people participating in indoor dining, fitness, and…more

Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Masks, Public Health

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Maryland Makes Notable Changes to Its Paid Family and Medical Leave Insurance Program, Including Implementation Delays

What You Need to Know - On May 3, 2023, Governor Wes Moore approved the Maryland General Assembly’s modifications (SB 828) to the Maryland Time to Care Act of 2022, which established the Maryland Family and Medical Leave…more

Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave, State Labor Laws

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EPA Proposes First-Ever National Standard for PFAS in Drinking Water

Seyfarth Synopsis: The U.S. Environmental Protection Agency’s (EPA) has announced that it is proposing the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS) in the latest action under…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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SEC Proposes Sweeping New Cybersecurity Rules: Is Your Company Prepared?

On March 15, 2023 the Securities and Exchange Commission (“SEC”) proposed three new sets of rules (the “Proposed Rules”) which, if adopted, would require a variety of companies to beef up their cybersecurity policies and data…more

Cybersecurity, Data Management, Data Protection, Data Security, Popular

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New York Non-Compete Ban is Off the Table—For Now

Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023…more

Employees, Employer Liability Issues, Employment Contract, Governor Vetoes, Hiring & Firing

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Washington Saves; Washington State’s New State-Mandated Retirement Program

On March 28, 2024, Washington State’s Governor, Jay Inslee, signed into law a bill that creates a new state-run retirement program called “Washington Saves.” Under the program, “covered employers” must give “covered employees”…more

Compensation & Benefits, Employee Benefits, Employees, Financial Services Industry, Individual Retirement Account (IRA)

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EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially…more

Annual Reports, Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Employment Discrimination

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy

Seyfarth Synopsis: As the COVID-19 era continues to unfold, many employers have adopted back-to-work polices that include mandatory vaccinations for their employees. In Beckerich, et al. v. St. Elizabeth Medical Center, et al.,…more

Americans with Disabilities Act (ADA), Civil Rights Act, Coronavirus/COVID-19, Corporate Counsel, Employer Mandates

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2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our…more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), NLRB

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Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited…more

Background Checks, Credit Checks, Credit Reports, Employees, Employer Liability Issues

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Takeaways From AHLA Webinar, "CMS, OIG Insights into Stark and AKS Final Rules Part I: Supporting Value-Based Care"

On Thursday, December 17, 2020, senior representatives of the US Department of Health and Human Services’ Office of Inspector General (“OIG”) and the Centers for Medicare & Medicaid Services (“CMS”) delivered a virtual…more

AHLA, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, OIG

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New Rules and Obligations for Employers in Italy Concerning Whistleblowing

Last March, Italy passed the Legislative Decree n. 24/2023, which implemented the EU Directive n. 2019/1937 introducing relevant changes and obligations for employers in terms of whistleblowing. As a result, companies with…more

Employees, Employer Liability Issues, EU, International Labor Laws, Italy

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LIBOR Discontinuance Update - What You Should Know

As you likely know by now, in July 2017 the U.K.’s Financial Conduct Authority announced that LIBOR will be phased out by 2021…more

Interest Rates, Libor, Loans, Secured Overnight Funding Rate (SOFR), UK

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Should I Stay Or Should I Go? Second Circuit Holds That FAA Requires a Stay, Not Dismissal, Upon Successful Motion to Compel Arbitration

Many courts dismiss an action once they order the parties to arbitrate the dispute. And many of these courts do so even if one of the parties requests that the court stay the proceedings pending arbitration. The Second…more

Arbitration, Breach of Contract, Consumer Financial Contracts, Consumer Financial Products, Federal Arbitration Act

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The NLRB Issues a New Joint Employer Rule Providing that Indirect and/or Reserved Control of Essential Employment Terms is Sufficient to Establish a Joint-Employer Relationship

On October 26, 2023, the National Labor Relations Board published its newest Standard for Determining Joint Employer Status in the Federal Register, which becomes effective 60 days from publication. In many ways, the Rule draws…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Hiring & Firing

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SCOTUS Issues Highly Anticipated Muldrow Decision, Rejecting Heightened Harm Requirement in Adverse Action Analysis

The United States Supreme Court issued its opinion in one of the most anticipated employment cases of this term. In Muldrow v. City of St. Louis, the Court considered whether Title VII of the Civil Rights Act of 1964 prohibits…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues

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D.C. Circuit Court of Appeals May Limit the Board’s Standard for Evaluating Employers’ Confidentiality Policies

In Hyundai Am. Shipping v NLRB, No. 11-1351 (Nov. 6, 2015), the D.C. Circuit Court of Appeals recently enforced a Board order with respect to a work rule that prohibited employees from discussing matters under investigation by…more

Administrative Law Judge (ALJ), Appeals, Banner Estrella Medical Center, Confidentiality Policies, Corporate Counsel

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Court Finds Named Plaintiffs Inadequate to Represent Proposed Class on ERISA Excessive Fee Claims

Seyfarth Synopsis: A recent decision from the Eastern District of Michigan serves as a reminder that—while courts are often quick to certify classes in ERISA cases—plaintiffs must satisfy the requirements of Rule 23 and that…more

Breach of Duty, Class Action, Class Certification, Class Representatives, Compensation & Benefits

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IL Appellate Court Rules: New Landlord May Not be Entitled to Unpaid Rent

Seyfarth Synopsis: The Illinois Appellate Court ruled in favor of a commercial tenant after the new landlord attempted to collect accrued unpaid rent owed to the previous landlord, who had assigned the lease to the new landlord…more

Appeals, Article III, Landlords, Lease Term, Rent

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CPRA Brings Big Changes to Perceived Big Brother Employers

Seyfarth Synopsis: Employers need to be aware and prepare for significant changes to options and rights afforded to employees with respect to their private data and information coming with the California Privacy Rights Act’s…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Cybersecurity, Data Privacy, Data Protection

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A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it…more

Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Federal Labor Laws, Hiring & Firing

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The EEOC Targets Construction Industry For Heightened Enforcement

Seyfarth Synopsis: On January 10, 2023, the Equal Employment Opportunity Commission (EEOC) released for public comment its draft 2023-2027 Strategic Enforcement Plan (“SEP”)—a document that will guide the Commission’s…more

Comment Period, Construction Industry, Enforcement Priorities, Equal Employment Opportunity Commission (EEOC)

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IRS Provides Guidance on CARES Act Defined Benefit Contribution Funding Relief

Seyfarth Synopsis: As Seyfarth has blogged about on multiple occasions, the CARES Act provided relief for qualified plans as a result of COVID-19. With respect to qualified defined benefit pension plans, the CARES Act extended…more

Benefit Plan Sponsors, CARES Act, Coronavirus/COVID-19, Defined Benefit Plans, Employee Benefits

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Paid Leave and Coronavirus—Part 23: Congress Expands Tax Credits for Voluntary Families First Coronavirus Response Act (“FFCRA”) Leave and Vaccine-Related Absences

Seyfarth Synopsis: Buried deep within the $1.9 trillion American Rescue Plan Act of 2021, signed into law on March 11, 2021, are several provisions related to tax credits that may help private employers with fewer than 500…more

Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Infectious Diseases, Paid Leave, Paid Time Off (PTO)

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Florida’s Stop WOKE Act Is Set To Go Into Effect On July 1 – What Should Employers Do?

On July 1, 2022, the law Florida Governor Ron DeSantis labeled the “Stop the Wrongs to Our Kids and Employees,” or Stop WOKE (“Act”), is set to go into effect, amending Florida’s employment discrimination laws state wide. The…more

Employer Liability Issues, Employment Discrimination, Florida, Governor DeSantis, State and Local Government

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First There Was Litigation; And Then There Was Standing

Now more than ever, it is important for organizations to review and update their basic information security protocols (their incident response, business continuity and crisis communications plans), and to ensure they’re keeping…more

Article III, Corporate Counsel, Data Breach, Data Protection, Data Security

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“No Concrete Harm, No Standing”: Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violation Do Not Have Article III Standing And Cannot Recover Damages In Federal Court.

Seyfarth Synopsis: On June 25, 2021, the United States Supreme Court reversed the Ninth Circuit Court of Appeals in TransUnion LLC v. Ramirez, holding that the vast majority of class members did not suffer a “concrete harm”…more

Article III, Class Action, Class Members, Credit Reporting Agencies, Credit Reports

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The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation for Employer’s Actions

Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it credible…more

Employer Liability Issues, Hiring & Firing, Sexual Orientation, Sexual Orientation Discrimination, Title VII

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Revisiting Homer’s drinking bird: Navigating remote work and automation

Almost eight years ago, we wrote about some lessons that could be taken from The Simpsons episode ‘King-Size Homer’ (first broadcast in 1995). You will remember that Homer is so lazy that he sets up a “drinking bird” to automate…more

Australia, Employees, Employer Liability Issues, Fair Work Act, Flexible Work Arrangements

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Important RWI Considerations under the Corporate Transparency Act

The Corporate Transparency Act of 2020 took effect on January 1, 2024, adding new filing requirements for many companies that may find themselves involved in mergers and acquisitions. Given the breadth of standard…more

Acquisition Agreements, Beneficial Owner, Commercial Insurance Policies, Corporate Sales Transactions, Corporate Transparency Act

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Game-Changer: Live Sports Gambling’s Transformative Impact

The secret is out: gambling is now a visible part of the American sports landscape (and many of our personal entertainment budgets). That writing has been on the wall for years. But as all 50 states grapple with the economic…more

Gambling, Murphy v National Collegiate Athletic Association, Sports Betting, Sports Gambling

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California ABC Test Not FAAAA-Preempted

Seyfarth Synopsis: In a case involving motor carriers, the California Court of Appeal has held that the FAAAA (Federal Aviation Administration Authorization Act of 1994) does not preempt the ABC employment test California…more

ABC Test, Borello Test, Commercial Truck Drivers, Employee Definition, Employer Liability Issues

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SEC Proposes New Human Capital Disclosure Requirements: A Reasonable Step or a Wolf in Sheep’s Clothing?

Seyfarth Synopsis: On August 23, the Securities and Exchange Commission (the “Commission”), in a release entitled “Modernization of Regulation S- K Items 101, 103, and 105”, proposed changes to Regulation S-K significantly…more

Amended Rules, Disclosure Requirements, Environmental Social & Governance (ESG), Human Capital, Human Rights

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Mirroring Peloton Won’t Result in Victory

Peloton has come out on top of the litigation leaderboard yet again. As we previously blogged about here, Peloton is no stranger to trade secret litigation. Peloton recently won dismissal of a “mirror image” declaratory judgment…more

Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Trade Secrets

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If Pain, Yes Gain — Part 121: New York City Paid Sick Time Turns 10 Years Old

Earlier this month, the New York City Earned Safe and Sick Time Act (“ESSTA”) – the City’s paid sick leave mandate – celebrated its 10-year anniversary…more

Earned Sick and Safe Time Act, Earned Sick Time, Employees, New York, Safe Time

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Weaving the Patchwork: How Mandatory Paid Family Leave Laws Stitch Together

With each passing year, the country’s patchwork of mandatory state paid family and paid family medical leave (collectively, “PFML” or “PFL”) laws continues to evolve and expand. Why is this existing patchwork so challenging for…more

Employee Benefits, Employer Liability Issues, Employment Policies, Paid Family Leave Law, Paid Leave

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The Effect of US Sanctions Against Russia on Commercial Real Estate Documentation

President Biden promised “devastating sanctions” if Russia invaded Ukraine. Russia did. And so the most recent sanctions ensued. Those sanctions may have a direct effect on documents that are signed daily in the commercial real…more

Biden Administration, Economic Sanctions, Foreign Policy, Foreign Relations, Office of Foreign Assets Control (OFAC)

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HHS Strengthens HIPAA Rules to Protect Reproductive Health Privacy

This past Monday, the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) issued its final rule aimed at strengthening the HIPAA Privacy rules as they are applied to reproductive health data…more

Abortion, Data Privacy, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Final Rules

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Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was…more

ABC Test, Employee Definition, Employer Liability Issues, Employment Litigation, Independent Contractors

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PAGA Paraphrased – Balderas v. Fresh Start Harvesting, Inc.

The Second District, following Adolph and not Viking River, confirms that a PAGA plaintiff does not lose standing to pursue a PAGA claim if they “did not file an individual cause of action seeking individual relief.”…more

Article III, Employees, Employment Litigation, Labor Code, Private Attorneys General Act (PAGA)

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Paycheck Protection Program: Loan Forgiveness Deadlines Approaching

The Paycheck Protection Program (PPP) loan forgiveness deadlines are quickly approaching. In order to avoid making unnecessary PPP loan payments, borrowers must submit loan forgiveness applications to their lenders within 10…more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program (PPP), Popular

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Anticipating Recovery: A Strategic, International Perspective

Our work as advisers to some of the world’s largest businesses gives us a unique perspective on the way in which employers are beginning to recover from the initial crisis management phase of the COVID-19 pandemic…more

Business Opportunities, Coronavirus/COVID-19, Crisis Management, Employee Retention, Financial Crisis

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California Loosens Indoor Masking Requirements for the Unvaccinated

Seyfarth Synopsis: On February 28, 2022, California’s Governor Newsom issued a press release lifting California’s mask requirements for unvaccinated individuals in indoor settings, downgrading the former requirement to a strong…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Personal Protective Equipment

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Employers Should Take Note Of New Federal Workplace Accessibility Guidance

Seyfarth Synopsis: Recent guidance from the EEOC on federal agencies’ disability accommodation obligations contain insights for private employers as well…more

Accessibility Rules, Americans with Disabilities Act (ADA), Corporate Counsel, Employer Responsibilities, Equal Employment Opportunity Commission (EEOC)

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Commercial Litigation Outlook - 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global tumult…more

Arbitration, Commercial Bankruptcy, Commercial Insurance Policies, Commercial Litigation, Dispute Resolution

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If Pain, Yes Gain – Part 112: New York City Publishes Final Amendments to Earned Safe and Sick Time Rules

On September 15, 2023, the New York City Department of Consumer and Worker Protection (the “Department”) released final amendments to the New York City Earned Safe and Sick Time Act (“ESSTA”) Rules (“Rules”)…more

Earned Sick and Safe Time Act, Earned Sick Time, Employee Rights, Employees, Final Rules

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Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause

Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health…more

Civil Rights Act, Denial of Insurance Coverage, Equal Protection, Gender Identity, Health Insurance

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Tech Touchdowns: Revolutionizing Football with RFID Tracking

In the film “Any Given Sunday,” Al Pacino, portraying Coach Tony D’Amato, poignantly compares football to life, describing it as a “game of inches … one half a step too late or too early and you don’t quite make it. One half…more

Football, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Supreme Court Declines to Overturn Landmark TCPA Jury Verdict

On December 16, 2019, the United States Supreme Court declined to review Krakauer v. Dish Network LLC, thus leaving unresolved a circuit split regarding Article III standing under the Telephone Consumer Protection Act (“TCPA”)…more

Article III, Consumer Privacy Rights, Denial of Certiorari, Injury-in-Fact, SCOTUS

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Amendments To Washington State’s Noncompete Statute Go Into Effect June 6, 2024

Effective January 1, 2020, Washington enacted a noncompete statute which, among other things, required employers to satisfy notice obligations and compensation thresholds to use noncompete agreements with employees and…more

Contract Terms, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call upon…more

Class Action, Commercial Bankruptcy, Commercial Court, Commercial Litigation, Cybersecurity

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FINRA’s Proposed Rule Changes Conforming the Industry Code to “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” are Effective Immediately

Seyfarth Synopsis: On May 13, 2022, FINRA filed a proposed rule change to conform the Industry Code to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. FINRA filed the proposed rule change with…more

Arbitration, Financial Industry Regulatory Authority (FINRA), Proposed Rules, Sexual Assault

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Lender Perspectives on Property Assessed Clean Energy (PACE) Loans

Property Assessed Clean Energy (“PACE”) financing is a fast-growing source of potential capital available to developers and property owners throughout the country. Available for use with both commercial properties (in which case…more

Clean Energy, Lenders, PACE, Property Owners

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FCC Imposes New Limits on TCPA Exemptions Affecting Residential Landline Calls

The Telephone Consumer Protection Act (TCPA) generally restricts making certain non-emergency calls to cellular phones and landlines, among other things, without the called party’s consent.  However, the Federal Communications…more

ATDS, Auto-Dialed Calls, FCC, TCPA, Telecommunications

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FDA Issues Emergency Use Authorization for COVID-19 Vaccine

On December 11, 2020, FDA issued the first emergency use authorization (“EUA”) for a vaccine to prevent COVID-19. The vaccine, developed by Pfizer-BioNTech, is authorized for those 16 years of age and older…more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA Approval, Food and Drug Administration (FDA), Infectious Diseases

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Commercial Litigation Outlook - 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global tumult…more

Arbitration, Commercial Bankruptcy, Commercial Insurance Policies, Commercial Litigation, Dispute Resolution

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Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the burden-shifting…more

Adverse Employment Action, Burden-Shifting, But For Causation, Corporate Counsel, Employer Liability Issues

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DOD Issues Class Deviation and Implementation Guidance for CARES Act Section 3610 Authorizing Potential Recovery by Federal Contractors Due to COVID-19

On April 8, 2020, the Department of Defense (“DOD”) issued Class Deviation Number: 2020-00013 authorizing Contracting Officers (“COs”) to deviate from the principles listed in Federal Acquisition Regulation (“FAR”) Part 31 and…more

Critical Infrastructure Sectors, Cybersecurity, Department of Defense (DOD), Department of Homeland Security (DHS), DFARS

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Cyber Strategy: HHS Weighs in on Cybersecurity in the Healthcare Industry

Seyfarth Synopsis: The health care sector faces escalating cybersecurity risks given its size, technological dependence and the sensitive nature of data used therein. According to the U.S. Department of Health and Human…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Data Security

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Lights, Camera . . .West Hollywood Paid Time Off Ordinance (UPDATED)

Seyfarth Synopsis: In 2021, West Hollywood joined the growing ranks of California cities with their own local sick leave and/or minimum wage requirements. West Hollywood enacted an ordinance that created paid and unpaid time off…more

Employee Benefits, Employees, Employer Liability Issues, Labor Reform, Local Ordinance

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Will New Jersey Become the Second State to Pass a Fair Workweek Law?

Seyfarth Synopsis: On the heels of becoming the first state to mandate severance for workers laid off as part of a mass layoff, New Jersey just may become the second state to pass a statewide predictable scheduling law if a…more

Collective Bargaining Agreements (CBA), Covered Employees, Employee Rights, Employer Liability Issues, Fair Workweek

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U.S. DOL Releases Final Overtime Rule—Effective July 2024

Yesterday, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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EPA Proposes First-Ever National Standard for PFAS in Drinking Water

Seyfarth Synopsis: The U.S. Environmental Protection Agency’s (EPA) has announced that it is proposing the first-ever national drinking water standard for six per- and polyfluoroalkyl substances (PFAS) in the latest action under…more

Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Final SEC Climate Disclosure Rules Greeted with Mixed Emotions and Lawsuits: What Your Company Needs to Know

On March 6, 2024, the SEC announced its long-awaited adoption of final rules regarding climate-related disclosures by public companies and in public offerings (the “Climate Rules”). The SEC dialed back the more prescriptive…more

Business Strategies, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call upon…more

Class Action, Commercial Bankruptcy, Commercial Court, Commercial Litigation, Cybersecurity

See all updates »

10 Considerations for Landlords During the Coronavirus Crisis

Disruptions from the coronavirus (COVID-19) pandemic will have a lasting impact on industries worldwide. Commercial real estate landlords and tenants are being forced to make difficult decisions to adapt to these sudden changes…more

Breach of Contract, Business Closures, Business Interruption, Commercial Leases, Commercial Property Owners

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NLRB General Counsel’s Expansion Of Remedies Could Pose New Liabilities And Headaches For Employers Who Simply Enforce Their Policies

On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her…more

Damages, Employees, Employer Liability Issues, Employment Policies, Enforcement Priorities

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A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it…more

Employer Liability Issues, Employment Policies, Fair Labor Standards Act (FLSA), Federal Labor Laws, Hiring & Firing

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Massachusetts Supreme Judicial Court Holds That Terminating An Employee for Filing A Rebuttal to a Personnel Record Violates the Public Policy Exception to At-Will Employment

Seyfarth Synopsis: On December 17, 2021, the Massachusetts Supreme Judicial Court extended the public policy exception to at-will employment to the termination of an employee for filing a rebuttal to a personnel record. The…more

At-Will Employment, Employer Liability Issues, Employment Policies, Hiring & Firing, Personnel Records

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Employers May Be Liable For Work-From-Home Expenses

Seyfarth Synopsis: The California Court of Appeal found an employer liable under Labor Code section 2802 for employee work-from-home operating expenses, despite Governor Gavin Newsom’s 2020 stay-at-home order, which precluded…more

Business Expenses, California, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation

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Massachusetts Enacts Further Unemployment Relief for Employers and Workers Impacted by COVID-19 Pandemic and Shutdown

Seyfarth Synopsis:  On May 27, 2020, Governor Baker signed into law An Act Providing Additional Support to Those Affected by the Novel Coronavirus Through the Unemployment Insurance System…more

Coronavirus/COVID-19, New Legislation, State and Local Government, Unemployment Benefits, Unemployment Insurance

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Will the “Spirits” of the Holiday Haunt You?

Seyfarth Synopsis: This blog considers sexual harassment allegations in the context of the holiday party. To date, no one seems immune from the allegations: celebrities, politicians, presidents. See for instance Time Magazine’s…more

Employees, Employer Liability Issues, Employment Policies, Holiday Parties, Holidays

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SEC Targets Employment Agreements Requiring Waiver of Whistleblower Awards

The SEC’s Office of the Whistleblower continues to examine employee severance, settlement and confidentiality agreements for language that might chill reporting of securities violations to the SEC and other regulators. The SEC…more

Cease and Desist, Confidentiality Agreements, Dodd-Frank, Enforcement Actions, Fines

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FTC Approves Nationwide Ban on Non-Competes

The FTC approved a final rule to implement a nationwide ban on non-compete agreements between employers and their workers. The rule would supersede most state laws regarding noncompete provisions except where a state law…more

Employee Benefits, Employees, Employer Liability Issues, Employment Contract, Federal Labor Laws

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If Pain (Or Anything Else), Yes Gain – Part 118: Cook County, IL Passes New Paid Leave Ordinance; Releases Related Model Notice

What You Need to Know: Background: The Cook County Paid Leave Ordinance passed the Cook County Board by a nearly unanimous vote on December 14, 2023.  One Board member declined to vote, but the remaining 16 members present voted…more

Earned Sick Time, Employee Benefits, Employees, Employer Liability Issues, Employment Policies

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Bankruptcy Court Denies Debtors’ Motion to Abate Rent Due To COVID-19 Government Shutdown Orders

On December 14, 2020, Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas, issued an important decision in the CEC Entertainment, Inc. (Chuck E. Cheese) bankruptcy case, Case No…more

Abatement, Business Closures, Chapter 11, Commercial Bankruptcy, Commercial Leases

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ERISA Case Signals New Theories for Plaintiffs’ Bar

Seyfarth Synopsis: After focusing most of its attention on retirement benefit plans, a recent complaint filed in the District of Connecticut shows that the plaintiffs’ bar is turning to health and welfare plans as targets for…more

Breach of Duty, Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Sidelined Workers in Texas Can Refuse to Return to Work and Still Retain Unemployment Benefits, But New TWC Rules do Not Provide Job Protection

Seyfarth Synopsis: The Texas Workforce Commission (TWC) just announced new guidelines allowing workers to retain unemployment benefits if they refuse suitable work for various COVID-19 related reasons…more

Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Layoffs, Re-Opening Guidelines

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2023 FLSA Litigation Metrics & Trends

Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted…more

Department of Labor (DOL), Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

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No More Friendly Skies for Emotional Support Animals

Seyfarth Synopsis: Emotional support animals will no longer be categorized as “service animals” under the Air Carrier Access Act under new Department of Transportation regulations…more

Airlines, Americans with Disabilities Act (ADA), Article III, Department of Transportation (DOT), Emotional Support Animals

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Employees Who Won’t Get On Board With Arbitration—Can Employers Rock The Boat?

Seyfarth Synopsis: Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board. What do you do now? Keep reading for a primer on navigating some murky waters…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Hiring & Firing

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NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor…more

Amnesty International, Employee Rights, Employer Liability Issues, Employment Policies, Federal Labor Laws

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Key Developments In Equal Pay Litigation: Impact Of The Supreme Court’s Bostock Decision

In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are…more

Bostock v Clayton County Georgia, Civil Rights Act, Employer Liability Issues, Equal Pay, Gender Identity

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The NLRB Telegraphs the First of Many Knockouts of Trump Board Decisions

As we previously reported here, in numerous dissents issued in 2021, the National Labor Relations Board’s Chair McFerran blasted the Boeing Co. handbook and work rules standard due to her view that it was, for example, “so…more

Boeing, Employee Handbooks, Employment Policies, Independent Contractors, NLRB

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Key Considerations Regarding Electronic Signatures, Remote Online Notarizations and Electronic Recording in Commercial Real Estate Transactions Amidst COVID-19

States across the country have taken measures to prevent the spread of COVID-19, including implementing closures of non-essential businesses. The increase of individuals working from home has prompted the commercial real estate…more

Coronavirus/COVID-19, Cybersecurity, E-Signatures, Electronic Notarization Standard, Electronic Transaction

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USCIS to Drastically Change Processing of Employment Applications for L-2, E, and H-4 Nonimmigrant Spouses

Seyfarth Synopsis: USCIS issued a Policy Memorandum following the settlement of a lawsuit that significantly changes work authorization rules for H-4, E, and L-2 spouses. Specifically, certain H-4, E, and L-2 Employment…more

Employment Authorization Documents (EAD), Foreign Nationals, H-4 Spouses, Immigration Procedures, L-2 Visas

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

See all updates »

Anticipating Recovery: A Strategic, International Perspective

Our work as advisers to some of the world’s largest businesses gives us a unique perspective on the way in which employers are beginning to recover from the initial crisis management phase of the COVID-19 pandemic…more

Business Opportunities, Coronavirus/COVID-19, Crisis Management, Employee Retention, Financial Crisis

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DC Proposes Tax Abatement to Incentivize Conversion to Housing Development

The District of Columbia’s office market, particularly Class B and C properties, is facing a calamity of epic proportions with occupancy, revenues, and valuations plummeting. Like other municipalities facing similar office…more

Affordable Housing, HUD, Notice of Proposed Rulemaking (NOPR), Real Estate Development, State and Local Government

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USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration…more

Department of Homeland Security (DHS), Employees, Final Rules, Foreign Workers, H-1B

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SCOTUS Strikes Down Restriction on Excluding Organizers from Private Property

Seyfarth Synopsis: California agricultural employers won big before the United States Supreme Court on Wednesday. In Cedar Point Nursery v. Hassid, the Court deemed unconstitutional a California labor regulation which required…more

Agricultural Workers, Cedar Point Nursery v Hassid, Farm Workers, Farms, Fifth Amendment

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COVID-19 Disaster Relief for the Retirement Side

Seyfarth Synopsis: Last Tuesday, the U.S. Department of Labor (DOL) granted relief for a number of deadlines related to the administration of employee benefit plans, including furnishing notices and disclosures to plan…more

Deadlines, Department of Labor (DOL), Disclosure Requirements, Employee Benefits, Form 5500

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OMG! OMB Reviewing Long-Awaited Mental Health Parity Regulations – Public Release Imminent

Seyfarth Synopsis: Employer health plan sponsors, administrators, and insurers have been eagerly awaiting the U.S. Department of Labor’s upcoming guidance on mental health parity.  According to recent reports, newly proposed…more

Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, Health Insurance, Healthcare

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Important UK immigration work visa changes

UK Skilled Worker Visa – Significant Changes - A major update to the UK immigration rules was published on 14 March 2024.  The new rules will become effective on 4 April 2024. Notably, these new rules will affect a large number…more

Employees, Foreign Workers, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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Nonprofit Universities and Schools - Skip the Newspaper Publication of Your Nondiscrimination Policy

At long last, tax-exempt schools, colleges, and universities can stop paying newspapers to annually publish their nondiscrimination policies, and instead satisfy the IRS publicity requirement by posting the policy on their…more

Educational Institutions, Equivalency Determinations, Internal Revenue Code (IRC), Non-Discrimination Rules, Online Platforms

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Supreme Court Bans Affirmative Action in College Admissions: Exploring the Potential Employment Implications

Seyfarth Synopsis: In two companion cases involving Harvard and UNC, the Supreme Court held that colleges and universities may no longer consider race as part of the college admissions process. The schools argued that their…more

Affirmative Action, Civil Rights Act, College Admissions, Colleges, Diversity

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Washington Legislature Backs Several Pro-Housing Bills Benefitting Developers and Contractors

The 2023 Washington legislative session concluded on Sunday, with Washington lawmakers showing clear support for stakeholders in the housing industry by making it easier to build homes and apartments across the state…more

Housing Developers, Land Developers, State Legislatures, Urban Planning & Development, Zoning Laws

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Forgotten Due Diligence: Overlooked Occupational Safety & Health, OSHA Liabilities During M&A Transactions

1. A Nightmare Acquisition - Your Company has recently acquired a small logistics company with a strong business reputation. Eighteen days after the acquisition was finalized, you receive a call that there has been a tragic…more

Acquisition Agreements, Business Succession, Corporate Sales Transactions, Due Diligence, Employees

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U.S. Supreme Court Clarifies Application of FAA Transportation Exemption

On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation industry to be within the scope of the Federal Arbitration Act (FAA) exemption for transportation…more

Arbitration, Arbitration Agreements, Bissonnette v LePage Bakeries Park St LLC, Exempt-Employees, Federal Arbitration Act

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Requiring Employees Seeking Reasonable Accommodations to “Feel the Burn” May Violate ADA

Seyfarth Synopsis: The D.C. Circuit recently revived a single-leg amputee’s claim that his former employer failed to accommodate his disability by refusing his request for a classroom aide…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Employment Litigation

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

See all updates »

No Buyer? No Problem. 11th Cir. Affirms Application Of Motor Carrier Act Exemption To Intrastate Drivers Even If Final Recipient Of Goods Is Undetermined At Shipment

Seyfarth Synopsis: The Motor Carrier Act exemption to the FLSA (“MCE”) is a powerful defense against overtime claims brought by interstate truck drivers and others involved in the interstate shipment of goods…more

Commercial Truck Drivers, Delivery Drivers, Employer Liability Issues, Employment Litigation, Exemptions

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Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test

Seyfarth Synopsis: The Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement…more

Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Over-Time

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Commercial Landlord Guidance: Should You Take the Temperature of Your Tenants?

The coronavirus (COVID-19) pandemic has given rise to a bevy of questions for commercial landlords. As today’s workplaces have rapidly changed over the last several weeks, many landlords have been left wondering how they should…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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North Carolina Stay-at-Home Order Issued: What It May Mean For Real Estate-Related Activities

Seyfarth Synopsis: On the heels of the enactment of a similar order in Mecklenburg County, which went into effect Thursday, March 26 at 8:00 a.m.i, the Governor of the State of North Carolina has enacted a statewide Stay-at-Home…more

Buyers, Commercial Real Estate Contracts, Coronavirus/COVID-19, Deeds, Foreign Acquisitions

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Supreme Court Remands Case Back Seeking Clarification of the Dudenhoeffer Pleading Standard

In Retirement Plans Committee of IBM v. Jander, the Supreme Court, in a unanimous opinion, clarified the its opinion in Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), which set forth the duties that administrators of…more

Breach of Duty, Duty of Prudence, Employee Retirement Income Security Act (ERISA), Employee Stock Purchase Plans, ESOP

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

See all updates »

Avoiding Discrimination Claims in the Changing Global Workplace

Seyfarth Synopsis: Global employers have had to become adept at re-arranging the ways in which their employees work over the past two years, both domestically and internationally, with varying modes of mobility…more

Disparate Impact, Employer Liability Issues, Employment Discrimination, Remote Working

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Workers’ Compensation Liability Is Catching In California

Seyfarth Synopsis: Senate Bill 1159 was signed into law by Governor Newsom on September 17, 2020, and went into effect immediately. Under the new law, if employees test positive for COVID-19 under specific circumstances, there…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Executive Orders, Governor Newsom

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Policy Matters Newsletter - June 2023

Aaaaaand we're back! As we did around the same time last year, we would like the thank the readers for y’all’s patience during our summer hiatus to allow our authors to take a short break to get some Vitamin D and replenish. But…more

Department of Labor (DOL), Employee Benefits, Equal Employment Opportunity Commission (EEOC), Labor Reform, Legislative Agendas

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Not All Documents Labeled Confidential Actually Are: Texas Jury Finds $23M Trade Secret Case Was Brought in Bad Faith

On May 31, 2023, a Harris County Texas District Court jury found a telecom company acted in bad faith by filing a $23 million trade secret misappropriation lawsuit against a rival where the underlying technology was found to not…more

Bad Faith, Confidential Information, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation

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Commercial Landlord Guidance: Should You Take the Temperature of Your Tenants?

The coronavirus (COVID-19) pandemic has given rise to a bevy of questions for commercial landlords. As today’s workplaces have rapidly changed over the last several weeks, many landlords have been left wondering how they should…more

Business Interruption, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

See all updates »

Understanding Local Law 97 (LL 97): Frequently Asked Questions and Answers

What is LL 97? - New York City’s LL 97 is part of a package of laws referred to as the Climate Mobilization Act, intended to be New York City’s own “Green New Deal.” At its core, LL 97 caps the amount of greenhouse gas…more

Condominiums, Greenhouse Gas Emissions, Local Ordinance

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Senate And House Reconcile Their Versions Of Tax Reform

This is the fourth issue in a planned series of alerts designed to provide an in-depth analysis on topics related to tax reform. This Tax Reform Management Alert issue focuses on executive compensation and employee benefits…more

Compensation & Benefits, Corporate Taxes, Employee Benefits, Executive Compensation, Fringe Benefits

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Skeptical of the Second Circuit: U.S. Supreme Court Hears Arguments on Copyright Damages

On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more than…more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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This New Year, Raise Your Glasses And The Minimum Wage

Seyfarth Synopsis: Effective January 1, 2019, California’s minimum hourly wage goes up to $12.00 for large employers, and many local minimum wages will go higher still. Don’t forget that the statewide change will affect salary…more

Exempt-Employees, Local Ordinance, Minimum Salary, Minimum Wage, State and Local Government

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From VIP Lists to Vaccine Cards: Expanding Vaccination Requirements

Seyfarth Synopsis: On August 12, 2021, the City and County of San Francisco issued an order requiring certain businesses offering food services or fitness services indoors to check for proof of full vaccination. This requirement…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Infectious Diseases, Public Health, Vaccinations

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Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the…more

Anti-Harassment Policies, Commercial Leases, Commercial Property Owners, Commercial Tenants, Constitutional Challenges

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Policy Matters Newsletter - June 2022

RISE and SHINE Act. It is just a discussion draft, so need to get too excited at the prospect of more bi-partisanship (maybe this author is alone in his excitement over that potential), but recently, Chair Patty Murray and…more

Coronavirus/COVID-19, Employer Liability Issues, Environmental Social & Governance (ESG), OSHA, Wage and Hour

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OFCCP Takes Aim at Oracle’s Hiring and Compensation Practices

Seyfarth Synopsis: On January 22, 2019, the Office of Federal Contract Compliance Programs (“OFCCP” or “the Agency”) filed a motion for leave to file a new amended complaint in connection with its 2017 Compliance Evaluation of…more

Compensation & Benefits, Corporate Counsel, Employment Discrimination, Hiring & Firing, Motion for Leave

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Calling Your Wage and Hour Lawyer Might Save Your Company $22 Million

Seyfarth Synopsis: Employers frequently struggle with questions around the compensability of certain activities, classification of employees, and how to structure their policies to avoid Fair Labor Standards Act violations. …more

Department of Labor (DOL), Doffing, Donning, Employees, Employer Liability Issues

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San Francisco Employees Now Entitled To Differential Pay For Military Leave

On January 20, 2023, San Francisco became the first jurisdiction in the nation to require private employers to provide differential pay to employees who are called to active military. Addressing disparities between public and…more

California, Employees, Labor Reform, Local Ordinance, Military Leave

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Key Considerations Regarding Electronic Signatures, Remote Online Notarizations and Electronic Recording in Commercial Real Estate Transactions Amidst COVID-19

States across the country have taken measures to prevent the spread of COVID-19, including implementing closures of non-essential businesses. The increase of individuals working from home has prompted the commercial real estate…more

Coronavirus/COVID-19, Cybersecurity, E-Signatures, Electronic Notarization Standard, Electronic Transaction

See all updates »

Ambiguity Begets Ambiguity: A Legislative Attempt to Bring Clarity to Patentable Subject Matter May Bring More Confusion

On August 2, 2022, Sen. T. Tillis introduced the Patent Eligibility Restoration Act (S.4734) in an effort to clarify which inventions are actually patentable and to codify those that are not. Since the Supreme Court handed down…more

Abstract Ideas, CLS Bank v Alice Corp, Intellectual Property Protection, Mayo v. Prometheus, Patent-Eligible Subject Matter

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Washington’s Increased Minimum Wage Will Bump Washington’s Salary Threshold for Exempt Employees Above Federal Requirements on January 1, 2021

Seyfarth Synopsis: On January 1, 2021, Washington’s minimum wage will increase and will trigger the first in a series of increased salary thresholds for exempt employees, which will continue through 2028.  These upcoming changes…more

Employer Liability Issues, Exempt-Employees, Labor Regulations, Minimum Wage, Over-Time

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“Weight Watchers”— Weight Discrimination in the Workplace

Seyfarth Synopsis: ‘Tis the season of food temptation: the average American gains at least five pounds between Thanksgiving and New Year’s Day. California employers need to beware of weight discrimination in the fluctuating…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Discrimination, FEHA

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U.S. District Court Denies Motion For Class Certification In Wage Suppression Antitrust Case

Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535, a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13…more

Antitrust Litigation, Antitrust Provisions, Antitrust Violations, Class Action, Class Certification

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Budtender Bankruptcy Blindside

In a recent legal development that underscores the intricate interplay between federal bankruptcy law and the cannabis industry, a court case has emerged involving a bankruptcy filing by an employee of a cannabis company. It’s…more

Bankruptcy Code, Bankruptcy Court, Cannabis Products, Cannabis-Related Businesses (CRBs), Chapter 13

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UK Government Moves to Limit Non-Competes

The UK government has announced that it will bring in legislation to restrict the post-employment non-compete restraints to three months. This is a significant proposal as currently non-compete restrictions in the UK are…more

Corporate Counsel, Employer Liability Issues, Employment Contract, International Labor Laws, Non-Compete Agreements

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Pondering The Future Of Equal Pay Litigation: What A “Business Necessity” Requirement Means For An Employer’s Defense Against Equal Pay Claims

Seyfarth Synopsis: Pending federal bill H.R. 7, titled the Paycheck Fairness Act, could import into federal law some significant changes that have already been enacted in a few states around the country. If enacted, it could…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Pay Discrimination, Wage and Hour

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Bankruptcy Court Approves Cannabis Debtor’s Chapter 11 Plan

On September 20, 2023, the U.S. Bankruptcy Court for the Central District of California (“Court”) confirmed a plan for a cannabis-related business (“Debtor”) to sell its equity interests in a Canadian cannabis company, Lowell…more

Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 11, Commercial Bankruptcy, Creditors

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Unpacking the City of Chicago’s Most Recent Updates To Its Fair Workweek Ordinance

Seyfarth Synopsis: The City of Chicago recently published a few guidance updates to the Chicago Fair Workweek Ordinance: (1) The City published its new annual Notice – effective July 1, 2023 – increasing the earnings threshold…more

City of Chicago, Employer Liability Issues, Fair Workweek, Labor Reform, Local Ordinance

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“U Can’t Touch This”: When A Garnished Employee Goes Bankrupt

Seyfarth Synopsis: Employers increasingly find themselves in the difficult position of deciding whether to continue garnishing an employee’s wages pursuant to a garnishment order when the employee files for bankruptcy…more

Automatic Stay, Child Support, Consumer Bankruptcy, Creditors, Employer Liability Issues

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D.C. Circuit Denies Enforcement of NLRB’s Decision Applying Pacific Lutheran Standard

Seyfarth Synopsis: An important issue for colleges and universities is whether faculty are “managerial” employees under the National Labor Relations Act, and thus precluded from union organizing…more

Appeals, Educational Institutions, Judicial Review, Managers, NLRB

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Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says

Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and…more

Competition, Confidential Information, Constitutional Challenges, Corporate Counsel, Employer Liability Issues

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EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially…more

Annual Reports, Anti-Discrimination Policies, Civil Rights Act, Employer Liability Issues, Employment Discrimination

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The EU Digital Services Act: Overview and Impact

On 16 November 2022, EU Regulation 2022/2065, better known as the Digital Services Act (“DSA”), came into force. The DSA is a key development in the use of online services in the European Union (“EU”), with an impact on online…more

Data Protection, Digital Service Providers, Digital Services, EU, General Data Protection Regulation (GDPR)

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Are Restrictive Covenants a Thing of the Past?

The short answer is no, not yet, but their future looks uncertain. In this update we have a look at developments affecting restrictive covenants across various jurisdictions around the globe and what multinational employers…more

Anti-Competitive, Competition, Employees, Employment Contract, Federal Trade Commission (FTC)

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Sha’Carri Richardson, Olympic Hopeful, Suspended after Testing Positive for Cannabis

Seyfarth Synopsis: An American athlete has been suspended for one month for testing positive for marijuana and violating the Anti-Doping Rule, putting her ability to represent the United States in the Olympic games in jeopardy…more

Anti-Doping Issues, Drug Testing, Marijuana, Olympics

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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A Matter of Trust – DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA…more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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U.S. DOL Releases Final Overtime Rule—Effective July 2024

Yesterday, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

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The King is dead; long live the King: Tennessee’s Updated Right of Publicity Statute

Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness. On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee…more

Algorithms, Artificial Intelligence, Entertainment Industry, Fair Use, First Amendment

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Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate

This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the…more

Cell Phones, Confidentiality Agreements, Copyright, Copyright Infringement, Copyright Litigation

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This Week – Cal/OSH Board to Vote on New Regulation to Allow Employees and Union Representatives to Request Workplace Injury and Illness Prevention Program

Seyfarth Synopsis:  The Cal/OSH Standards Board will vote this week on a proposed standard requiring employers to provide their employees and employee representatives access to the company’s Injury and Illness Prevention…more

Cal-OSHA, Construction Workers, Employer Liability Issues, Health and Safety, Labor Regulations

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FINRA Issues Guidance on the Handling of Customers When a Broker Leaves a Firm

The Financial Industry Regulatory Authority (FINRA) recently issued some expectations/guidance to industry members on FINRA’s expectations when a broker leaves for another firm…more

Brokers, Confidential Information, Financial Industry Regulatory Authority (FINRA), Former Employee, Intellectual Property Protection

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The Final Countdown: Canada’s Revised Pay Equity Act Effective August 31, 2021

Seyfarth Synopsis: On July 7, 2021, Canada’s Minister of Labour announced an August 31, 2021, effective date for Canada’s Pay Equity Act. The Act and its implementing regulations contain detailed and strict requirements for…more

Canada, Equal Pay, Ministry of Labour, Wage and Hour

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Looking Past the Headlines, the Impact of the FTC’s Ban on Non-Competes in M&A, Private Equity and Venture Capital

Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or…more

Competition, Corporate Sales Transactions, Employees, Employer Liability Issues, Employment Contract

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California Considers Cutting the Cord with Right to Disconnect Legislation

California lawmakers have introduced legislation that would give employees the right to ignore communications from their employers that are received outside the contours of their “working hours,” which must first be agreed upon,…more

California, Employees, Employer Liability Issues, Labor Code, Labor Reform

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Essential COVID-19 Immigration Planning for US Employers

Seyfarth Synopsis: COVID-19 has upended the world. Governments and businesses are racing to respond. The US legal immigration system for sponsoring and employing noncitizens is no exception. American employers must plan around…more

Best Practices, Business Continuity Plans, China, Coronavirus/COVID-19, Corporate Counsel

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Does It Feels Like School? Are You in a Classroom? If So, Soak in the Knowledge but Don’t Expect Pay for the Training Time!

Seyfarth Synopsis: Airline customer service representative denied pay for pre-employment 10-day classroom training program under the FLSA and California Labor Law. The maxim “it is extremely difficult to find someone to pay…more

Airline Employees, Department of Labor (DOL), Employee Training, Fair Labor Standards Act (FLSA), Primary Beneficiary Test

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11th Circuit to Employers: Heed Your FMLA Obligations

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…more

Corporate Counsel, Employer Liability Issues, Essential Functions, Family and Medical Leave Act (FMLA), Light-Duty Positions

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Avoiding Discrimination Claims in the Changing Global Workplace

Seyfarth Synopsis: Global employers have had to become adept at re-arranging the ways in which their employees work over the past two years, both domestically and internationally, with varying modes of mobility…more

Disparate Impact, Employer Liability Issues, Employment Discrimination, Remote Working

See all updates »

Department Of Labor Has More To Say About ESG And Shareholder Rights

On April 23, 2018, the Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2018-01 (“FAB”), which clarifies Interpretive Bulletin 2015-01 (relating to a benefit plan selecting investments to promote social policy…more

401k, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Introspective Due Diligence - M&A due diligence as a model for cost-mitigating self-analysis of labor and employment law compliance risks

We devote a substantial part of our practice these days to helping clients conduct due diligence to assess other businesses that they think they might acquire. Much of our work is focused on overseeing our subject matter expert…more

Acquisitions, Buyers, Due Diligence

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Client’s Meal Period Failure Doesn’t Result In Staffing Agency Liability

Seyfarth Synopsis: The California Court of Appeal has published an important decision clarifying the employer duty to provide meal periods and the respective responsibilities of staffing agencies and the client companies they…more

Employer Liability Issues, Employment Litigation, Rest and Meal Break, Staffing Agencies, Wage and Hour

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Federal Court Allows Discovery In ERISA Case Based On “Information And Belief” Allegations That Plaintiff Merely Believed To Be True

Seyfarth Synopsis: A federal district court denied a motion to dismiss an ERISA complaint that was based in large part on secondhand “information and belief” allegations about the defendants’ business operations. The decision…more

Collective Bargaining Agreements (CBA), Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement Plan

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Pill Politics: Unveiling Biden’s Bold Blueprint for Affordable Drugs

On December 7, 2023, the Biden administration announced a blueprint for a framework that may be a tough pill to swallow for the pharmaceutical industry. This framework suggests that drug prices should be a crucial factor in…more

Bayh-Dole Act, Biden Administration, Drug Pricing, Food & Drug Regulations, Healthcare

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Oregon Enacts Consumer Privacy Act

On July 18, 2023, Oregon’s Governor Tina Kotek signed SB 619, which created the Oregon Consumer Privacy Act (“OCPA”). Oregon joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Florida,…more

Consumer Privacy Rights, Cybersecurity, Data Protection, New Legislation, Oregon

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Anticipating Recovery: A Strategic, International Perspective

Our work as advisers to some of the world’s largest businesses gives us a unique perspective on the way in which employers are beginning to recover from the initial crisis management phase of the COVID-19 pandemic…more

Business Opportunities, Coronavirus/COVID-19, Crisis Management, Employee Retention, Financial Crisis

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It’s Easy to See: 20/20 a Clear Win for Employers in the Fifth Circuit

Seyfarth Synopsis: In 20/20 Communications, Inc. v. Crawford, the Fifth Circuit joined eight other circuits in holding that the availability of class arbitration is a “gateway” issue for courts, not arbitrators, to decide—unless…more

Arbitration, Arbitration Agreements, Class Arbitration

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Equal Pay Day 2022: Key Trends in Pay Equity

Seyfarth Synopsis: Seyfarth Shaw Pay Equity Group is pleased to release our updated 50 State Pay Equity Desktop Reference and Developments in Equal Pay Litigation Reports, and our second annual Global Pay Equity Desktop…more

Employer Liability Issues, Equal Pay, Pay Transparency, Wage and Hour

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May 2023 U.S. Immigration Alert

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration..…more

Foreign Nationals, Immigrants, Immigration Procedures, Visas

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Wearable Device Data: The Next Big Thing for Employment Litigation Cases

Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before…more

Admissible Evidence, Disability Benefits, Disability Discrimination, Electronic Protected Health Information (ePHI), Employer Liability Issues

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Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim…more

Employee Misconduct, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Court Finds Named Plaintiffs Inadequate to Represent Proposed Class on ERISA Excessive Fee Claims

Seyfarth Synopsis: A recent decision from the Eastern District of Michigan serves as a reminder that—while courts are often quick to certify classes in ERISA cases—plaintiffs must satisfy the requirements of Rule 23 and that…more

Breach of Duty, Class Action, Class Certification, Class Representatives, Compensation & Benefits

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California Court Confirms Surety’s Right to Recover Attorney Fees and Costs Incurred by Its Principal

In Cell-Crete Corp. v. Fed. Ins. Co., a California court awarded a surety attorneys’ fees and costs that its principal incurred defending the surety against a claim on a public-works payment bond. This is good news for sureties…more

Arbitration Awards, Attorney's Fees, Business Disputes, Business Litigation, Construction Contracts

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New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions…more

Bankruptcy Court, Breach of Contract, Business Litigation, Contract Terms, Coronavirus/COVID-19

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2020 Census: The Whereabouts of Paid Sick and Personal Leave Laws & State Gatekeepers

Seyfarth Synopsis: Roughly two years ago we introduced Seyfarth’s Infographic tracking the spread of paid sick leave and anti-local sick leave laws around the country from pre-2014 to year-end 2018. We have since seen a…more

Coronavirus/COVID-19, Corporate Counsel, Federal Contractors, Local Ordinance, Paid Leave

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Who Decides Who Decides? The Third Circuit Addresses the “Queen of All Threshold Issues” in Arbitration Law

Seyfarth Synopsis: The U.S. Court of Appeals for the Third Circuit recently addressed what’s been called the “queen of all threshold issues” in arbitration law: does a court or an arbitrator decide whether an agreement exists,…more

Arbitration, Arbitration Agreements, Collective Bargaining Agreements (CBA), Contract Terms, Corporate Counsel

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Judge Posner Called It a “Racket”: A Federal Judge Pushes Back Against a Very Similar “Mootness Fee” Petition in Federal Merger Litigation

In a recent decision from the United States District Court for the Southern District of New York, a federal Judge pushed back against the common but abusive practice of “mootness fee” payoffs in public M&A deals. In the February…more

Attorney's Fees, Class Action, Disclosure-Based Settlements, Mergers, Shareholder Litigation

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Fourth Circuit Clarifies What Qualifies As “Labor” Under The Miller Act

Under the Miller Act, 40 U.S.C. §§ 3131 et seq., contractors hired to work on federal construction projects are required to furnish payment bonds in order to ensure payment to certain persons that provide labor for the project…more

Construction Contracts, Construction Industry, Construction Project, Contractors, Miller Act

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Eleventh Circuit Strikes Down Florida Ban on Company’s “Woke” Diversity Training

Seyfarth Synopsis: The Eleventh Circuit recently issued an opinion blocking the enforcement of Florida's "anti-woke" law. The Court struck down the law on the grounds that the law impermissibly infringes on employers' free…more

Diversity and Inclusion Standards (D&I), Employee Training, Employer Liability Issues, Employment Discrimination, First Amendment

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Nevada Supreme Court Finds a Private Right of Action Under Nevada’s Medical Cannabis Law

Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada Legislature…more

Drug Testing, Employer Liability Issues, Employment Policies, Medical Marijuana, Private Right of Action

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First Decisions in COVID-19 Securities Motions to Dismiss Offer Mixed Results

Seyfarth Synopsis: Two recent decisions on motions to dismiss in COVID-related class action securities litigations—one successfully dismissed, the other largely surviving—show that a bare allegation of failure to predict the…more

Coronavirus/COVID-19, Initial Public Offering (IPO), Motion to Dismiss, Securities Violations

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California Dances Away From The Whistleblower Three-Step

Seyfarth Synopsis: Addressing the method to evaluate a whistleblower retaliation claim under Labor Code section 1102.5, the California Supreme Court concluded that courts should apply the framework prescribed by statute in Labor…more

Employer Liability Issues, Hiring & Firing, Retaliation, Whistleblowers

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50 State Equal Pay Reference Guide 2024

For organizations that operate in multiple states, tracking the ever-changing requirements related to equal pay issues can pose daunting challenges and the growing “ripple effect” of such requirements is being felt across…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Pay Equity Laws, Salary/Wage History

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SCOTUS Issues Highly Anticipated Muldrow Decision, Rejecting Heightened Harm Requirement in Adverse Action Analysis

The United States Supreme Court issued its opinion in one of the most anticipated employment cases of this term. In Muldrow v. City of St. Louis, the Court considered whether Title VII of the Civil Rights Act of 1964 prohibits…more

Adverse Employment Action, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employee Transfers, Employer Liability Issues

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Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test

Seyfarth Synopsis: The Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement…more

Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Highly Compensated Employees, Over-Time

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North Carolina Stay-at-Home Order Issued: What It May Mean For Real Estate-Related Activities

Seyfarth Synopsis: On the heels of the enactment of a similar order in Mecklenburg County, which went into effect Thursday, March 26 at 8:00 a.m.i, the Governor of the State of North Carolina has enacted a statewide Stay-at-Home…more

Buyers, Commercial Real Estate Contracts, Coronavirus/COVID-19, Deeds, Foreign Acquisitions

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What President Trump’s Executive Order Means for Unemployment Compensation Benefits

One of the major sticking points for the most recent round of stimulus negotiations was what to do about the expansion of unemployment compensation benefits under the Coronavirus Aid, Relief, and Economic Security (CARES) Act…more

CARES Act, Coronavirus/COVID-19, Disaster Aid, Executive Orders, Infectious Diseases

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No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 4)

Seyfarth Synopsis: For the final blog in this series regarding the legacy of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog closes its survey of federal Circuit Courts with key rulings from the Ninth,…more

Article III, Class Action, Employees, Employment Litigation, Injury-in-Fact

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Don’t Leave Me Twisting in the Wind: ASBCA Paves Way for Potential Subcontractor Recovery for Pandemic-Related Claims

In a significant ruling, the Armed Services Board of Contract Appeals "(Board)" denied a government motion to dismiss claims from McCarthy HITT - Next NGA West JV, a joint venture under contract with the US Army Corps of…more

Affirmative Defenses, Armed Services Board of Contract Appeals, Construction Contracts, Construction Project, Contractors

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Court Decisions Extend Chicago’s Transfer Tax Ordinance to Cover Mortgage Assignment

Earlier this month, in a case of first impression, the Circuit Court of Cook County, Illinois in the consolidated cases of City of Chicago v. KTCP 225, LLC, Case No. 13 L 050290, and City of Chicago v. Horizon Group XXI, LLC,…more

Assignments, Foreclosure, Local Ordinance, Mortgages, Realty Transfer Taxes

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Another Federal Court Suggests That, To Meet Adequacy Requirements, Class Counsel Should Reflect The Diversity Of The Putative Class

Seyfarth Synopsis: On July 14, 2020, Judge James Donato of the U.S. District Court for the Northern District of California became the latest to deny appointment of class counsel in a class action based on lack of diversity,…more

Class Action, Diversity, Diversity and Inclusion Standards (D&I), FRCP 23, Legal Representatives

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Fourth Circuit Reaffirms That Consistently Implementing Lawful Business Practices and Policies is Not Discrimination

Seyfarth Synopsis: In Lyons v. City of Alexandria, No. 20-1656, 2022 WL 1739987 (4th Cir. June 1, 2022), the Court issued an employer-friendly decision under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.,…more

Civil Rights Act, Employer Liability Issues, Race Discrimination, Title VII

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If Pain (Or Anything Else), Yes Gain – Part 108: Illinois DOL Publishes Answers to FAQs on Paid Leave for All Workers Act

What You Need To Know: - Effective January 1, 2024, Illinois’ Paid Leave for All Workers Act requires most employers in the State of Illinois to offer 40 hours of paid leave for any reason to employees. Seyfarth’s prior…more

Department of Labor (DOL), Employees, Exempt-Employees, Illinois, Labor Reform

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Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is…more

Accessibility Rules, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Access Claims, Disability Discrimination

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Georgia Maps Out New Requirement for Employee Non-Solicits

On May 11, 2011, Georgia passed the Restrictive Covenants Act, which made enforcing employee restrictive covenants far easier than it was under Georgia common law. In an odd twist, a law that Georgia intended to make it easier…more

Employer Liability Issues, Employment Contract, Employment Litigation, Georgia, Hiring & Firing

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Oregon Paid Family and Medical Leave Insurance Program is Here

What You Need to Know - Oregon Paid Family and Medical Leave (“OR PFML”) premium withholdings began January 1, 2023..…more

Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave, Wage and Hour

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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A Trap for the Unwary Owner, Lender, and General Contractor: Avoiding Criminal Liability and Civil Penalties in Connection with Tennessee Construction Projects

For any “prime” or general construction contract that is $500,000 or greater and all subcontracts thereunder (regardless of amount), Tennessee law requires that the owner (and by implication, any construction lender funding…more

Civil Monetary Penalty, Construction Project, Criminal Liability, Escrow Accounts, Escrow Instructions

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President Biden’s U.S. DOL Seeks To Rescind The Trump DOL’s Worker Classification Rules

Today marks two additional efforts by President Biden’s Administration to reverse the Trump Administration’s rulemaking. This time, two U.S. Department of Labor rules that were both published in the Federal Register as final…more

Biden Administration, Department of Labor (DOL), Independent Contractors, Joint Employers

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Seyfarth Policy Matters Newsletter - July 2020 #4

NLRB Decision Gives Employers More Leeway to Discipline Employees for Offensive Speech.  Traditionally, the National Labor Relations Act protected offensive or even abusive speech by employees when the worker is involved in…more

Coronavirus/COVID-19, Disciplinary Proceedings, Employee Rights, Employer Liability Issues, Employment Policies

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California Judicial Council Votes to Sunset Emergency Amendments to Rules of Court that Prevent Evictions and Judicial Foreclosures

As noted in prior updates, on April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court that, among other things, except as necessary to protect public health and safety..…more

Coronavirus/COVID-19, Eviction, Foreclosure, Judicial Foreclosure Process, Rules of Court

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Federal Court’s Discovery Ruling Offers Lessons To Insurers Alleging Health Care Fraud Pursuant To Predetermined Protocol Theory

Last month, in Government Employees Insurance Co. v. Cereceda, 2021 WL 148738 at *6-7 (S.D. Fla. Jan. 15, 2021) (“Cereceda”), the Southern District of Florida issued a discovery ruling that insurers should consider carefully in…more

Discovery, GEICO, Health Care Providers, Healthcare Fraud

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Indoor Heat Illness Standard: More Delay of the Long-Delayed Rule

The Cal/OSHA Standards Board was ready to vote on Cal/OSHA’s indoor heat rule at the March 21, 2024 Standards Board meeting, but at the 11th hour, the Board was ordered to cancel its scheduled vote…more

Cal-OSHA, California, Employer Liability Issues, Health and Safety, Heat Exposure

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Causation Defenses to Premises Liability Claims Involving Alleged Exposure to COVID-19

Businesses that re-open to the public could potentially find themselves facing premises liability claims from customers who allege that they contracted COVID-19 on the premises due to the business’s negligence…more

Bodily Injury, Coronavirus/COVID-19, Infectious Diseases, Insurance Claims, Liability

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Breaking News: DEA To Reschedule Cannabis

Cannabis would move to Schedule III from Schedule I under this reclassification. In a move long awaited by the cannabis industry, the Drug Enforcement Administration (DEA) has decided to re-schedule cannabis. Currently…more

Agribusiness, Biden Administration, Controlled Substances, Controlled Substances Act, DEA

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California Dances Away From The Whistleblower Three-Step

Seyfarth Synopsis: Addressing the method to evaluate a whistleblower retaliation claim under Labor Code section 1102.5, the California Supreme Court concluded that courts should apply the framework prescribed by statute in Labor…more

Employer Liability Issues, Hiring & Firing, Retaliation, Whistleblowers

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Seventh Circuit Rejects In-Network Providers’ Bid For ERISA Claims Procedures

Claims by providers seeking to assert the rights of ERISA plan participants have been percolating in courts throughout the country. The Seventh Circuit has now weighed in, rejecting the notion that providers who have payment…more

Appeals, Benefit Plan Sponsors, Claims Appeal Procedures, Denial of Benefits, Employee Benefits

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Virginia and West Virginia Adopt Laws Regulating Over-the-Air Updates

With over-the-air (OTA) updates for motor vehicles becoming increasingly prevalent in the United States, consumers will be able to receive and install updates to vehicle firmware and software. Some updates might simply provide…more

Automotive Industry, Manufacturers, Motor Vehicles, Software

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New York Court Of Appeals Establishes Standard For Punitive Damages Under NYCHRL

Seyfarth Synopsis: The New York Court of Appeals, on a question certified by the Second Circuit, announced the standard for punitive damages in claims under the New York City Human Rights Law. …more

Appeals, Civil Rights Act, Employer Liability Issues, Employment Litigation, NYCHRL

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A Roadmap for CRE Loan Document Review in connection with Waiver, Forbearance and Modification Requests During the COVID-19 Pandemic

As income streams are interrupted due to loss of rents in the midst of business closures during the continuing pandemic, many borrowers are reaching out to their lenders to discuss debt service and other relief under their…more

Borrowers, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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A Unanimous Supreme Court Rules on Undue Hardship in Religious Accommodation: De Minimis Is Out, “Substantial Increased Costs” Is In

Seyfarth Synopsis: A unanimous Supreme Court has issued its decision in Groff v. Dejoy, clarifying Title VII’s undue hardship standard to mean “substantial increased costs in relation to the conduct of its particular business.”…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Groff v DeJoy

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Federal Court Extinguishes Firefighters’ Class Action Claims In Race Discrimination Lawsuit

Seyfarth Synopsis: In Savage, et al. v. The City of Springfield, Case No. 3:18-CV-30614, 2022 LEXIS 124587 (D. Mass. July 14, 2022), a federal court in Massachusetts recently denied Plaintiffs’ motion for class certification,…more

Class Action, Class Certification, Employment Litigation, Race Discrimination

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SEC Reopens Comment Period for Pay-for-Performance Proxy Disclosure

Seyfarth Synopsis: Back in 2015, the U.S. Securities and Exchange Commission (“SEC”) issued proposed rules on the pay-for-performance disclosure required under the Dodd-Frank Wall Street Reform and Consumer Protection Act of…more

Comment Period, Disclosure Requirements, Dodd-Frank, Pay-for-Performance, Securities and Exchange Commission (SEC)

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SBA Posts Interim Final Rules Implementing Changes to First Draw and Second Draw Loans under the Paycheck Protection Program

On January 6, 2020, the Small Business Administration (“SBA”) issued its much anticipated Interim Final Rules (“IFR”) under the $2.3 trillion coronavirus relief and government funding act, the Economic Aid to Hard-Hit Small…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Interim Final Rules (IFR)

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Settlement Agreement Clarifies Rights and Duties of EB-5 Regional Centers

Following the March 15, 2022 enactment of the EB-5 Reform and Integrity Act of 2022 (the “Integrity Act” or “RIA”), United States Citizenship and Immigration Services (“USCIS”), a component agency of the Department of Homeland…more

EB-5, EB-5 Regional Centers, Investors, USCIS

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GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

Seyfarth Synopsis: While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought…more

Biometric Information, Biometric Information Privacy Act, Class Action, Data Collection, Data Privacy

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Washington Healthcare Company Ordered to Pay Workers Almost $100M for Missed Meal Breaks, Unpaid Time

Last week, a Washington healthcare company was ordered to pay 33,000 workers $98.3 million in damages in a class action related to its meal break and timeclock rounding practices. The vast majority of the awarded damages…more

Class Action, Employees, Employment Litigation, Healthcare Workers, Labor Law Violations

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Florida’s Stop WOKE Act Is Set To Go Into Effect On July 1 – What Should Employers Do?

On July 1, 2022, the law Florida Governor Ron DeSantis labeled the “Stop the Wrongs to Our Kids and Employees,” or Stop WOKE (“Act”), is set to go into effect, amending Florida’s employment discrimination laws state wide. The…more

Employer Liability Issues, Employment Discrimination, Florida, Governor DeSantis, State and Local Government

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No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a…more

Article III, Civil Rights Act, Class Action, Employer Liability Issues, Employment Litigation

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The CDC’s Nationwide COVID-19 Eviction Moratorium Has Been Put Down for the Count—Finally. So What Happens Next?

A mere three weeks after the application to vacate stay was filed, the United States Supreme Court has effectively ended the year-long row over the lawfulness of the federal Centers for Disease Control’s nationwide eviction…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Infectious Diseases, Landlords

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Employers May Have to Pay More in 2024 as Affordability Threshold Hits New Low for Second Year in a Row

Seyfarth Synopsis: The IRS has announced adjustments decreasing the affordability threshold for plan years beginning in 2024, which may cause employers to have to pay more for ACA compliant coverage in 2024. The IRS recently…more

Affordable Care Act, Employee Benefits, Employer Group Health Plans, Health Insurance, Internal Revenue Code (IRC)

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Main Street Money for Nonprofits

The Federal Reserve Board (the “Fed”) recently released additional changes relating to the expansion of its Main Street Lending Program (the “Main Street Program”), which originally targeted small and medium-sized for-profit…more

CARES Act, Coronavirus/COVID-19, Eligibility, FRB, Main Street Lending Programs

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Employers Facing 8(a)(1) Charges During Organizing Can Expect More Federal Injunction Proceedings

NLRB General Counsel Jennifer Abruzzo broadened the type of cases in which the NLRB will seek federal injunction proceedings through her General Counsel Memorandum 22-02 (Feb. 1, 2022), which issued earlier today. Section 10(j)…more

Employer Liability Issues, NLRA, NLRB, Unfair Labor Practices

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A Recent Surge of Consumer Privacy Litigation Asserting Violations of the Video Privacy Protection Act (VPPA) Seeks to Hold Companies Liable for Data Sharing in Context of Marketing Analytics

Over the past year, a barrage of class action lawsuits asserting violations of the Video Privacy Protection Act (“VPPA”)—a vintage Reagan-era federal consumer privacy law—has shed light on potential liability facing companies…more

Consumer Privacy Rights, Data Collection, Personally Identifiable Information, Video Privacy, Video Privacy Protection Act

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OCR and DOJ Send A Message to Higher Ed: Make Your Websites Accessible

A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement…more

Americans with Disabilities Act (ADA), Civil Rights Act, Colleges, Dear Colleague Letter, Department of Education

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Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other…more

Breach Notification Rule, Data Breach, Data Privacy, Data Protection, Department of Health and Human Services (HHS)

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Court Rules EEO-1 Reports Are Not Exempt “Commercial” Information Under FOIA; Department of Labor May Appeal

Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for Investigative…more

Department of Labor (DOL), EEO-1, Employees, Equal Employment Opportunity Commission (EEOC), Federal Contractors

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Legislative Update: Nearing the End of the Road (for 2023)

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,…more

Anti-Discrimination Policies, Cal-OSHA, Cal-WARN, California, Civil Code

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National Education Association Retirement Plan Gets Schooled On Withdrawal Liability Interest Rate Assumptions

Seyfarth Synopsis: Another court has found that actuaries who set discount rates for withdrawal liability purposes that are not based upon their “best estimate of anticipated experience” for investments under the plan—in this…more

Employee Benefits, Interest Rates, Retirement Plan, Withdrawal Liability

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2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our…more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), NLRB

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FAQ - New Proclamation Suspending Entry of H-1B, L-1, J-1, and H-2B Nonimmigrant

Seyfarth Synopsis: President Trump issued a new entry ban directly affecting foreign nationals in H-1B, H-2B, J-1 and L-1 status.  Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the…more

Coronavirus/COVID-19, Corporate Counsel, Foreign Nationals, Foreign Workers, H-1B

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SJC Weighs in on Fiery Debate Over COVID-19 Vaccine Mandates

Seyfarth Synopsis: We may be past the height of the COVID-19 pandemic, but decisions from COVID-19 vaccine litigation have the potential to affect far more than pandemic-specific employment practices. The Massachusetts Supreme…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Infectious Diseases, Vaccinations

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Future Driven Forum Panelists Highlight Increasing Urgency for Investment in Electric Vehicle Infrastructure

On September 14, 2021, the Alliance for Automotive Innovation hosted a program entitled “Accelerating Electrification: Plugging In” through its Future Driven Forum. The program was moderated by John Bozzella – President & CEO…more

Automotive Industry, Electric Vehicles, Infrastructure

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Massachusetts PFML Update: DFML Releases 2024 Poster and Updated Employee Notices

Seyfarth Synopsis: The Massachusetts Paid Family and Medical Leave (PFML) Act requires employers to post a notice and to annually notify employees of updates to contribution rates and weekly benefit amounts…more

Employee Benefits, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Sample Job Assessment Questionnaire Form

In this excerpt from our FLSA Handbook, we provide a is a “Sample Job Assessment Questionnaire Form” which is useful for reviewing exempt classification. The Handbook’s appendices contain two sets of guidelines to support the…more

Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Wage and Hour

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Adequacy for the US (kind of) – But What Are the Side Effects?

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Privacy, Data Protection, Data Security

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A Recap of Federal Loan Program Developments Affecting Commercial Real Estate

This week saw a plethora of activity to support federally related loan programs affecting commercial real estate. Below is a summary of the applicable guidance, announcements and proposed laws…more

CARES Act, Compliance, Coronavirus/COVID-19, Eviction, Fannie Mae

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Opt Ins are Out (of Luck) Appealing Decertification

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of first…more

Appeals, Class Action, Class Certification, Collective Actions, Decertify

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HVCRE: Some Answers on the Horizon?

Since its implementation, the High Volatility Commercial Real Estate (HVCRE) rules have created certain questions and concerns for banks and borrowers alike in real estate lending transactions. Bi-partisan legislation (H.R…more

Banking Sector, Commercial Loans, Construction Industry, HVCRE Rule

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Will The ACA Case Now Before The Supreme Court Make It Harder For ERISA Fiduciary Breach Plaintiffs To Establish Standing?

On March 2, 2020, the United States Supreme Court granted certiorari in California v. Texas, No. 19-840, which appeals the decision of the Court of Appeals for the Fifth Circuit that struck down the individual mandate to the…more

Affordable Care Act, Article III, Breach of Duty, California v Texas, Certiorari

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If You Can Find an At-Home COVID-19 Test, Your Plan Must Now Pay For It

Seyfarth Synopsis: Since March 18, 2020, group health plans have been required to provide benefits for certain items and services related to testing for or diagnosis of COVID-19 during the applicable emergency period - see our…more

Coronavirus/COVID-19, Employee Benefits, Employer Group Health Plans, Health Insurance, Infectious Diseases

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National Education Association Retirement Plan Gets Schooled On Withdrawal Liability Interest Rate Assumptions

Seyfarth Synopsis: Another court has found that actuaries who set discount rates for withdrawal liability purposes that are not based upon their “best estimate of anticipated experience” for investments under the plan—in this…more

Employee Benefits, Interest Rates, Retirement Plan, Withdrawal Liability

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SBA Posts Interim Final Rules Implementing Changes to First Draw and Second Draw Loans under the Paycheck Protection Program

On January 6, 2020, the Small Business Administration (“SBA”) issued its much anticipated Interim Final Rules (“IFR”) under the $2.3 trillion coronavirus relief and government funding act, the Economic Aid to Hard-Hit Small…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Interim Final Rules (IFR)

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USDA Issues Final Rule Regulating Hemp Production

On January 15, the U.S. Department of Agriculture (USDA) published its final rule that provides regulations for the production of hemp in the United States. The final rule incorporates modifications to the interim final rule…more

Agricultural Sector, Final Rules, Hemp, Hemp Cultivation, USDA

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Georgia Senate Bill 315 Will Change Georgia’s Lien Laws

On January 28, 2020, Senator Lindey Tippins introduced Georgia Senate Bill 315 (the “Lien Bill”), which, if enacted, will substantially change the way Georgia treats mechanics and materialmen lien claimants who furnish the…more

Construction Contracts, Construction Project, Legislative Agendas, Mechanics Lien, Waivers

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Year-End Estate Planning for 2023

A strong stock market and “soft landing” have generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

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As The Workplace Is Evolving, New Federal Labor Laws May Be On The Horizon

As the workplace continues to evolve, lawmakers are poised to develop the labor laws of tomorrow. A new Democratic House Committee recently held a hearing to address the concerns of the ever-changing workplace…more

Corporate Counsel, Employee Definition, Employee Rights, Employer Liability Issues, Federal Labor Laws

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General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s Shadow Facebook Page

Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are…more

Binding Contractual Rules, Collective Bargaining Agreements (CBA), Employee Benefits, Facebook, Franchisee

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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How does Brexit Affect your European and UK Intellectual Property?

Now that the UK has voted to exit the European Union, you may be asking – “how does this affect our intellectual property rights in Europe and the UK.” The short answer – it has no immediate affect at all. Regarding…more

Community Designs, EU, European Patent Convention, European Patent Office, Intellectual Property Protection

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New Statutory Payment Regime for Public and Private Works in Virginia

For general contractors working in Virginia, 2023 marks the end of one of the more prolific contractual rights available—the pay-if-paid defense. Until now, pay-if-paid clauses were a valid means of shifting to subcontractors…more

Construction Contracts, Construction Industry, General Contractors, Public Works, Subcontractors

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US DOL Issues Final Rule on Independent Contractor Status Under the FLSA

With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one…more

Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

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Hotel Franchising in the Time of COVID-19

With hotel occupancies plunging to levels well below those seen in prior epidemics, wars and recessions, particularly in large cities, hotel and hospitality franchisors and franchisees are awake at night trying to deal with a…more

Business Interruption, Employer Liability Issues, Health and Safety, Hospitality Industry, Hotels

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Judge Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

Seyfarth Synopsis: On December 7, 2021, United States District Judge for the Southern District of Georgia R. Stan Baker enjoined the government “during the pendency of this action or until further order of this Court, from…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Infectious Diseases

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Super-Deductible Contributions (and Other Charitable Giving Items in the CARES Act)

The Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) that became law on March 27, 2020 provides several enhanced tax incentives for charitable giving in 2020 (and beyond) by individuals and corporations. …more

CARES Act, Charitable Donations, Coronavirus/COVID-19, Corporate Taxes, Income Taxes

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CMS Issues Emergency COVID-19 Vaccination Mandate for Millions of Health Care Workers Across the Country

In a long-anticipated action, the Centers for Medicare & Medicaid Services (“CMS”) issued earlier today (November 4, 2021) emergency regulations requiring all eligible staff who work at health care facilities that participate…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Healthcare Workers, Infectious Diseases

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Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect – is…more

Accessibility Rules, Americans with Disabilities Act (ADA), Corporate Counsel, Disability Access Claims, Disability Discrimination

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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. The actual use of the derivative work is important as well, and it is…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Intellectual Property Protection

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Adverse Adjudication on the Merits Deprives Plaintiffs of PAGA Standing

Seyfarth Synopsis: In Rocha v. U-Haul Co. of Cal., the California Court of Appeal held that a plaintiff asserting a PAGA claim does not have standing to pursue a PAGA claim on behalf of others, if an arbitrator denies the…more

Arbitration, Federal Arbitration Act, Labor Code, Private Attorneys General Act (PAGA), Viking River Cruises Inc v Moriana

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EEOC Weighs in on Alleged Conflict Between Religious Beliefs and Civil Rights Training

In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace training…more

Civil Rights Act, Corporate Counsel, Employees, Employer Liability Issues, Employment Discrimination

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USPTO Updates Examination Guide for Proof of Trademark Use

As we reported in November 2019, the USPTO has been making significant revisions to its rules to combat an influx of fraudulent trademark filings. Some of the biggest rule changes last year were to specimen requirements…more

Intellectual Property Protection, New Guidance, Regulatory Requirements, Trademark Application, Trademark Registration

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City of Long Beach Boosts Grocery Workers’ Pay

On January 19, 2021, the City of Long Beach adopted an ordinance requiring large grocery stores to pay an additional $4 per hour to certain grocery workers. The emergency ordinance, which is effective immediately, also requires…more

Employer Liability Issues, Grocery Store Workers, Local Ordinance, Wage and Hour

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Edge of Our Seats: Oral Argument on “Suitable Seats” Cases

The countdown begins to receiving some clarity on the suitable seating rule from the California Supreme Court. On January 5, 2016, the Court heard oral argument in the consolidated matters of Kilby v. CVS Pharmacy, Inc. and…more

Business Judgment Rule, CA Supreme Court, Corporate Counsel, CVS, Employer Liability Issues

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White House Implements Plans to Facilitate Office-to-Residential Conversions

Seyfarth Synopsis: With the cooperation of federal agencies such as the Department of Housing and Urban Development (HUD) and the Department of Transportation (DOT), the White House has established plans to use grants and…more

Affordable Housing, Community Development Block Grants, Consumer Financial Products, Department of Transportation (DOT), Financing

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Ninth Circuit Seeks Guidance From California Supreme Court on Business to Business Non-Competes

The Ninth Circuit has certified questions to the California Supreme Court in Ixchel Pharma v. Biogen seeking guidance as to: 1) whether section 16600 of the California Business and Professions Code extends to contracts between…more

Biotechnology, Collaboration, Pharmaceutical Industry

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Longshot Legislation Reflects Interest in AI Regulation

In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). …more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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If Pain (Or Anything Else), Yes Gain – Part 115: Chicago Enacts Novel Dual Paid Sick Leave / Paid Time Off Law

What You Need To Know: On November 9, 2023, the Chicago City Council passed a brand new “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance” (the “Ordinance”). The Ordinance is effective December 31, 2023, and will…more

City of Chicago, Employee Benefits, Employees, Labor Reform, Paid Leave

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A New Standard For Full and Fair Review

Seyfarth Synopsis: The 7th Circuit recently held that insurers and administrators must provide claimants an opportunity to respond to new information relied on for adverse benefit determinations, even if the claim predated the…more

Appeals, Disability Benefits, Employee Benefits, Insurance Industry, Insurance Litigation

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BRACING for BREXIT - after the shock, what now?

To the shock of corporate Britain the UK voted last week, by 52% to 48%, to leave the European Union. Within hours of the referendum result the British Prime Minister David Cameron announced that he would be standing down some…more

Competition, EFTA, EMIR, EU, EU Market Abuse Regulation (EU MAR)

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Fair Work Week Ordinance: Los Angeles City Joins the Fray

Seyfarth Synopsis: The holidays aren’t the only thing around the corner. The City of Los Angeles’ proposed Fair Work Week Ordinance is poised to place new onerous scheduling requirements on retailers. The Los Angeles City…more

Employer Liability Issues, Fair Workweek, Local Ordinance, Wage and Hour, Work Schedules

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US-China Trade: Outbound Investment Control Regime in Sensitive Technologies

中美贸易:敏感技术的对外投资管制制度 Executive Order on Outbound Investment 有关对外投资的行政令 - A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies…more

Biden Administration, China, Critical Infrastructure Sectors, Executive Orders, Foreign Investment

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Request For Employment Records? Don’t Trust; Verify!

Seyfarth Synopsis: Plaintiffs’ lawyers routinely invoke Labor Code provisions to conduct pre-litigation discovery by seeking employment records. For employers that scramble to comply with these often burdensome demands, we offer…more

Corporate Counsel, Discovery, Document Requests, Employer Liability Issues, Employment Litigation

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

See all updates »

Fluctuating Workweek Rule Becomes Final as Department of Labor Looks Forward to Return to Work

Seyfarth Synopsis: More than a decade after it was originally proposed, the U.S. Department of Labor’s Wage & Hour Division has finally promulgated a new rule concerning the fluctuating workweek (FWW) method of computing…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Fluctuating Workweek, Non-Exempt Employees

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OSHA Post-Accident Rapid Response Investigation (RRI): Update Your Strategy

The Federal Occupational Safety and Health Administration (OSHA) requires employers to report certain serious injuries by telephone within twenty-four (24) hours. Injuries that must be reported include injuries that result in…more

Employer Liability Issues, Health and Safety, OSHA, Reporting Requirements, Safe Harbors

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IRS Repurposes Military and Disaster Relief For COVID-19 Deadline Extensions

Seyfarth Synopsis: On April 9, 2020, the IRS issued Notice 2020-23, extending federal tax filing deadlines and payment obligations to July 15, 2020 for certain items otherwise due to be performed from April 1, 2020 through July…more

Defined Contribution Plans, Employee Benefits, Employee Retirement Income Security Act (ERISA), ESOP, Filing Deadlines

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Net Operating Losses of Tax-Exempt Organizations with More Than One Unrelated Trade or Business

Since the enactment of the unrelated business income tax in 1950, section 512(b)(6)[1] and its predecessor allowed organizations subject to the unrelated business income tax (UBIT) to use the net operating loss (NOL) deduction…more

Corporate Taxes, IRS, Net Operating Losses, Tax Exempt Entities, Tax Planning

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Long-Awaited Outbound Investment Program Finally Addressed

On August 9, 2023, President Biden issued an Executive Order entitled, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” (the “EO”), declaring a national…more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, China, Comment Period

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DOL Rescinds Its Persuader Rule

On July 17, 2018, the DOL rescinded its 2016 “persuader rule” — a controversial reinterpretation of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) that would have required employers and their consultants…more

Collective Bargaining, Department of Labor (DOL), Deregulation, Disclosure Requirements, Labor Relations

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While Its Appeal Remains Pending, the DOL Rescinds Its Joint Employer Rule as Inconsistent with the FLSA

Seyfarth Synopsis: Today, the U.S. Department of Labor rescinded the final rule entitled “Joint Employment Status Under the Fair Labor Standards Act,” more commonly known as the Joint Employer Rule. This alert provides an…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Joint Employers, Wage and Hour

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Relief at Last for Qualified Opportunity Zone Businesses with Pre-Pandemic Working Capital Safe Harbor Plans

Seyfarth Synopsis: On April 12, 2021, the Department of Treasury (“Treasury”) published proposed Treasury regulations (the “Proposed Regulations”) that (1) permit qualified opportunity zone businesses (“QOZBs”) to revise or…more

Corporate Counsel, IRS, Opportunity Zones, Proposed Regulation, Qualified Opportunity Funds

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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A Matter of Trust – DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Oh, The Places The California Supremes Will Go!

Seyfarth Synopsis: With apologies to Dr. Seuss, we’ve penned an ode to the judicial chaos of the year just past, highlighted by three California Supreme Court decisions—Alvarado v. Dart Container Corp., Dynamex Operations v…more

ABC Test, Bonuses, CA Supreme Court, De Minimis Claims, Employer Liability Issues

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The Right to “Disconnect” for Employees

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?…more

Coronavirus/COVID-19, Email, Employment Policies, International Labor Laws, Remote Working

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No Shame in the Pay Reporting Game: Pay Transparency Senate Bill 1162 Abandons Public Disclosure Requirement

Seyfarth Synopsis: SB 1162, which may soon be signed into law, will require employers to report even more pay data to the California Civil Rights Department (f/k/a the Department of Fair Employment and Housing until July 1,…more

Disclosure Requirements, Employer Liability Issues, Reporting Requirements, State Labor Laws, Wage and Hour

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California Supreme Court Retroactively Penalizes Employers on Meal and Rest Breaks

Seyfarth Synopsis: The Supreme Court just held that employers, when calculating the premium pay due for failing to provide legally compliant meal and rest periods, must include all nondiscretionary payments—not just pay the…more

Bonuses, CA Supreme Court, California, Pay Rates, Rest and Meal Break

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On Or Off-Duty, Meal Periods Must Be 30 Minutes

Seyfarth Synopsis: A California Court of Appeal has held that on-duty meal periods under IWC Wage Order No. 5 must be at least 30 minutes long. While the Court of Appeal’s ruling involved employees of 24-hour residential care…more

Appeals, Employer Liability Issues, Employment Litigation, Labor Law Violations, On-Duty Meal Period Waivers

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Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Lanham Act May “Trump” First Amendment (For Once)

In what appears to be a shift from prior decisions striking down portions of the federal Lanham Act on First Amendment grounds, the U.S. Supreme Court seems likely to rule against a trademark applicant seeking to register a mark…more

Constitutional Challenges, Donald Trump, First Amendment, Free Speech, Lanham Act

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Court of Appeals Clarifies New York’s Approach to “Successor Jurisdiction”

On April 18, 2024, the New York Court of Appeals (New York’s highest appellate court) issued a decision in Lelchook v. Société Générale de Banque au Liban SAL, --- N.E.3d ---, 2024 WL 1661460 (Apr. 18, 2024) in which it held…more

Acquisition Agreements, Business Litigation, Business Succession, Commercial Litigation, Corporate Sales Transactions

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Keep On Truckin’: Strategies for Managing Wage and Hour Risks with Transportation Contractors After New Prime, Inc. v. Oliveira

Seyfarth Synopsis: In January, the Supreme Court unanimously ruled in New Prime Inc. v. Oliveira that the Federal Arbitration Act’s (“FAA” or the “Act”) exclusion for transportation workers engaged in interstate commerce applied…more

Appeals, Arbitration Agreements, Commercial Truck Drivers, Employment Contract, Exceptions

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Valentines Day Glitch: E-Verify Photo-Match Mayem

On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the…more

Department of Homeland Security (DHS), E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers

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NYC Council Proposes Broad Non-Compete Ban

Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for…more

City of New York, Employees, Employer Liability Issues, Employment Contract, Hiring & Firing

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Litigation Outlook Blog Series: Cybersecurity

As the global pandemic begins to show signs of waning, cyber risk is showing no such easing. In fact, in a recent survey, over 68% of business leaders reported believing that their cybersecurity risks are increasing, despite…more

Cyber Attacks, Cybersecurity, Email, Hackers, Popular

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USCIS Again Increases Auto-Extended Work Permits for Certain EAD Renewals

U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from up to 180 days to…more

Auto-Renewal, Corporate Counsel, Employment Authorization Documents (EAD), Foreign Workers, Form I-9

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Regular Rate Refresh: Calculating Overtime for California Employees

Seyfarth Synopsis: While paying employees in California is often a challenge, the regular rate of pay presents a minefield of different formulas for employers to navigate. From what amounts to include, to how the calculation…more

Bonuses, Corporate Counsel, Labor Regulations, Over-Time, Rate of Pay

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When Disaster Strikes: How Employers Should Respond to Wildfires

Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law…more

Air Quality Standards, Business Interruption, California Family Rights Act (CFRA), Emergency Management Plans, Employee Rights

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OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline

The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS is…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases

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SECURE 2.0: Guidance on Exception to Early Distribution Penalty for Terminally Ill Individuals

Seyfarth Synopsis: As previously reported here, on December 20, 2023, the IRS issued Notice 2024-2 (the “Notice”) providing guidance on several outstanding questions related to provisions under SECURE 2.0. This blog post…more

401k, 403(b) Plans, Compensation & Benefits, Distribution Rules, Employee Benefits

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Court of Federal Claims Maintains Jurisdiction Over Other Transaction Agreement

Like the James Webb telescope expanding our understanding of the universe, the Court of Federal Claims (“COFC”), in Hydraulics International, Inc. v. United States (Fed. Cl., Aug. 8, 2022), expanded the government procurement…more

Bid Protests, Court of Federal Claims, Federal Acquisition Regulations (FAR), Federal Contractors, GAO

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FTC Non-Compete Ban: What You Need to Know

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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Final SEC Climate Disclosure Rules Greeted with Mixed Emotions and Lawsuits: What Your Company Needs to Know

On March 6, 2024, the SEC announced its long-awaited adoption of final rules regarding climate-related disclosures by public companies and in public offerings (the “Climate Rules”). The SEC dialed back the more prescriptive…more

Business Strategies, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG), Greenhouse Gas Emissions

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California Considers Cutting the Cord with Right to Disconnect Legislation

California lawmakers have introduced legislation that would give employees the right to ignore communications from their employers that are received outside the contours of their “working hours,” which must first be agreed upon,…more

California, Employees, Employer Liability Issues, Labor Code, Labor Reform

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

See all updates »

Net Operating Losses of Tax-Exempt Organizations with More Than One Unrelated Trade or Business

Since the enactment of the unrelated business income tax in 1950, section 512(b)(6)[1] and its predecessor allowed organizations subject to the unrelated business income tax (UBIT) to use the net operating loss (NOL) deduction…more

Corporate Taxes, IRS, Net Operating Losses, Tax Exempt Entities, Tax Planning

See all updates »

Complying with the Corporate Transparency Act of 2020: Guidance for New York Cooperatives and Condominiums

Seyfarth Synopsis: The Corporate Transparency Act of 2020 (“CTA”) took effect on January 1, 2024 (“Effective Date”), impacting many privately held corporations, limited liability companies, and other similar entities. At a high…more

Beneficial Owner, Co-Op, Condominiums, Cooperative Agreements, Corporate Transparency Act

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A Workplace Sexual Harassment Case: Messages for Foreign Invested Enterprises in China

On July 6, 2023, the Supreme People’s Court of China (“SPC”) issued the 32nd batch of seven labor dispute guiding cases ("Guiding Cases"). Among them, one case attracts special attention of foreign invested enterprises (“FIEs”)…more

China, Employees, Employer Liability Issues, Employment Contract, Foreign Investment Entities (FIEs)

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Construction Industry Groups Challenge DOL’s New DBRA Regulations

Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed…more

Administrative Procedure Act, Anti-Retaliation Provisions, Construction Contracts, Construction Industry, Construction Project

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Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was…more

ABC Test, Employee Definition, Employer Liability Issues, Employment Litigation, Independent Contractors

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

See all updates »

Questions Remain Regarding Adequate Consideration under Illinois’ Freedom to Work Act

On January 1, 2022, the latest amendments to the Illinois Freedom to Work Act (“Act”) became effective. As we previously described, that Act sets forth various requirements governing restrictive covenant agreements in Illinois…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Illinois

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Send in the Drones: Transforming the Workplace through the Use of Drone Surveillance

Every day new stories about the uses (and misuses) of drones surface in the media. They have been used to: photograph the 2015 Winter X Games, assist in firefighting operations, monitor agricultural drought, monitor…more

Commercial Use, Discrimination, Drones, Employer Liability Issues, Popular

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Massachusetts Proposed Pay Scale Legislation

Seyfarth Synopsis: Proposed legislation would require many employers in Massachusetts to provide pay scales to prospective and current employees…more

Employer Liability Issues, Equal Pay, State Labor Laws, Wage and Hour

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Navigating the New World of Work: Is Contracting on the Way Out?

Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies…more

Australia, Background Screening Services, Contractors, Employee Rights, Employer Liability Issues

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Consolidated Appropriations Act, 2021—Key Provisions Affecting the Real Estate Industry

Seyfarth Synopsis: On December 21, 2020, Congress passed the $2.3 trillion Consolidated Appropriations Act, 2021, H.R. 133 (the “Act”), which combined the $1.4 trillion omnibus spending bill for the 2021 federal fiscal year with…more

Chapter 13, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Eviction, Federal Grants

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FEHA Promotion Claims Accrue Upon Knowledge Of Denial, And Defendants Get Costs Only If Suit Was Groundless

Seyfarth Synopsis: Failure to promote claims brought under the Fair Employment and Housing Act accrue when the adversely affected employee knows, or reasonably should know, of the employer’s unlawful refusal to promote; and FEHA…more

Appeals, Employer Liability Issues, FEHA, Job Promotions

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H-1B Cap Rule – Did it Work?

As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took effect…more

Beneficiaries, Foreign Workers, H-1B, Hiring & Firing, Immigrants

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Certain Per Diem Payments Increase The FLSA Regular Rate

Seyfarth Synopsis: The Ninth Circuit has held that a weekly per diem benefit paid by a healthcare staffing agency to its traveling clinicians is a wage that increases the employee’s regular rate used to calculate overtime pay…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Over-Time, Per Diem, Wage and Hour

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Federal Court Issues Summary Judgment in Favor of Retail Defendant in Alleged Trade Secret Misappropriation of a CBD Cream Formula

A federal district court recently issued summary judgment in favor of a retail defendant in a trade secret misappropriation case involving the alleged misappropriation of a CBD cream formula. On September 3, 2020, Healthcare…more

Cannabidiol (CBD) oil, Intellectual Property Litigation, Intellectual Property Protection, Misappropriation, Trade Secrets

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Tax Reform Impact On Estate Taxes

This is the sixth issue in a planned series of alerts designed to provide an in-depth analysis on topics related to tax reform. Like all new things, new years typically welcome many changes, opportunities and new approaches…more

Estate Tax, Generation-Skipping Transfer, Income Taxes, New Legislation, State and Local Government

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CCPA Regs Made Final

This just in….March 30, 2023. The California Office of Administrative Law has approved the CCPA Regulations and they are effective immediately. The text has not changed substantively since the modifications proposed late last…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection

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FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf Of California And Washington Drivers

Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the agency’s…more

Comment Period, Commercial Truck Drivers, Drivers, Employer Liability Issues, Federal Labor Laws

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President Trump Signs SECURE Act into Law

As part of the year-end government funding legislation, on December 20th, President Trump signed into law the Setting Every Community Up For Retirement Enhancement Act of 2019 (the “SECURE Act” or the “Act”). The Act contains a…more

401k, 403(b) Plans, Compensation & Benefits, Distribution Rules, Employee Benefits

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

See all updates »

Navigating the New World of Work: Is Contracting on the Way Out?

Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to companies…more

Australia, Background Screening Services, Contractors, Employee Rights, Employer Liability Issues

See all updates »

EEOC Issues Updated Guidance On Religious Objections to Workplace COVID-19 Vaccine Requirements

Seyfarth Synopsis: Yesterday, October 25, 2021, the EEOC updated and expanded its Technical Assistance related to the COVID-19 pandemic, adding a section addressing religious objections to employer COVID-19 vaccine…more

Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Guidance Update, Popular, Reasonable Accommodation

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Ford Eases EV Requirements After Latest Litigation Setback

In the fall of 2022, Ford introduced an aggressive “Model e Program,” requiring its dealers to invest roughly $500,000-$1 million to install publicly accessible electric vehicle (EV) charging stations, invest in employee…more

Automatic Stay, Automotive Industry, Car Dealerships, Charging Stations, Electric Vehicles

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Adding to the U.S.’s COVID-19 Vaccine Arsenal, FDA Issues EUA for Novavax – Will it Impact Religious Accommodations?

Seyfarth Synopsis: On July 13, 2022, the U.S. Food and Drug Administration (“FDA”) issued an emergency use authorization (“EUA”) for the Novavax COVID-19 Vaccine, Adjuvanted. Beyond adding another vaccination option in the…more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), Food and Drug Administration (FDA), Religious Accommodation, Vaccinations

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Trump Administration Implements Extreme Vetting Measures For Certain Visa Applicants Requiring Detailed Travel History And Social Media Information

Seyfarth Synopsis: The U.S. Department of State has recently issued a new supplemental questionnaire that will enable officers at U.S. Consulates and Embassies to carry out enhanced and burdensome screenings of certain…more

Foreign Nationals, Immigrants, Immigration Procedures, Immigration Reform, Social Media

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Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract…more

Claim Procedures, Construction Contracts, Construction Defects, Construction Litigation, Contractors

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Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act

Seyfarth Synopsis:  Yesterday the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”).  The Final Rule…more

Department of Labor (DOL), Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

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How A Facebook Messenger Chat Can Become a “Usual and Customary” FMLA Notice Procedure For a Company

Seyfarth Synopsis: In a recent ruling, Roberts v. Gestamp (Decided August 15, 2022), the Fourth Circuit reversed, in part, the lower court’s decision to grant the Company’s motion for summary judgment on the grounds that the…more

Employer Liability Issues, Family and Medical Leave Act (FMLA), Hiring & Firing, Termination, Wage and Hour

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Governor Orders Extra Cheddar For Fast Food Employees

Seyfarth Synopsis: California has increased the minimum wage of fast food workers to $20, and authorized the creation of the Fast Food Council comprised of representatives from labor and management to set minimum standards for…more

California, Employees, Employer Liability Issues, Fast-Food Industry, Food Service Workers

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Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims

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…more

Equal Protection, First Amendment, Qualified Immunity, Sexual Harassment

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Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Nike Prevails On Bag Check Case

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to require…more

Class Action, Corporate Counsel, Employer Liability Issues, Employment Litigation, Nike

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Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants could…more

Employees, Employer Liability Issues, Employment Contract, Federal Labor Laws, Intellectual Property Protection

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DST Bridge Lending - Considerations for the Borrower, Senior Lender, and Bridge Lender

Broadly syndicated Section 1031 investment programs, such as DSTs and TICs, have been popular with a growing number of real estate investors since the early 2000s due to their ability to allow investors to reinvest in…more

Borrowers, Bridge Loan, Delaware Statutory Trust Act, Internal Revenue Code (IRC), Real Estate Investments

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Final Regulations Clarify and Liberalize Many Rules Governing Qualified Opportunity Fund Formation and Operations

Seyfarth Synopsis: On December 19, 2019, the U.S. Treasury issued final Qualified Opportunity Zone regulations (the “Final QOZ Regulations”). Subject to the commentary in the Preamble to the Final QOZ Regulations on circular…more

Anti-Abuse Rule, Capital Gains, Community Development, Construction Project, Economic Development

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Court Rules EEO-1 Reports Are Not Exempt “Commercial” Information Under FOIA; Department of Labor May Appeal

Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for Investigative…more

Department of Labor (DOL), EEO-1, Employees, Equal Employment Opportunity Commission (EEOC), Federal Contractors

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Blog Series – Managing a Future Tele-Workforce

Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Corporate Counsel, Employee Monitoring, Employer Liability Issues

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Businesses Seek to Provide Abortion Travel Benefits in Light of Potential Supreme Court Decision

Seyfarth Synopsis: In light of recent state-level trends, businesses have begun exploring avenues to assist employees in states with restrictive abortion laws with travel to nearby states to receive abortion services. In…more

Abortion, Corporate Counsel, Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Savings Accounts

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Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage

Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class…more

Adverse Employment Action, Class Action, Class Certification, Commonality, Employment Litigation

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FTC Non-Compete Ban: What You Need to Know

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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New Year’s Resolution: Update Your Employee Handbook

Seyfarth Synopsis: Every year California enacts a host of new laws that mean even the most diligent employers need to give their handbooks and policies a review and make sure they are up to date with the latest developments…more

Bereavement Leave, California Family Rights Act (CFRA), Employee Handbooks, Employer Liability Issues, Employment Policies

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Recent Changes To The Workers’ Compensation Board’s Interpretations Of New York Paid Family Leave Deductions And Voluntary Coverage

Seyfarth Synopsis: The Board has recently revised its interpretation of two key provisions of the New York Paid Family Leave (“PFL”) Law: First, by allowing employers to use the employee’s weekly wage as opposed to the average…more

Paid Family Leave Law, Paid Leave, State Labor Laws, Wage and Hour, Wage Deductions

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Consolidated Appropriations Act, 2021—Key Provisions Affecting the Real Estate Industry

Seyfarth Synopsis: On December 21, 2020, Congress passed the $2.3 trillion Consolidated Appropriations Act, 2021, H.R. 133 (the “Act”), which combined the $1.4 trillion omnibus spending bill for the 2021 federal fiscal year with…more

Chapter 13, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Eviction, Federal Grants

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Whoa! Cannabis Company Lawsuit Lights Up the Benefits of Creative IP Protection

Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis. But a combination of federal copyright registration and state trademark registration for these goods and services…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Copyright, Copyright Litigation, Copyright Office

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White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive Damage Award

Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the…more

Adverse Employment Action, Business Strategies, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employees

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EEOC Releases Draft Enforcement Guidance on Workplace Harassment and Invites Comment

Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal…more

#MeToo, Anti-Discrimination Policies, Corporate Counsel, Employees, Employer Liability Issues

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Webinar Recap! Enforcement of Non-Competes: Increasing Difficulty Depending on State

In Seyfarth’s fourth installment in its 2019 Trade Secrets Webinar Series, Seyfarth attorneys Kristine Argentine, Eric Barton, and Katelyn Miller focused on the enforcement of non-competes and how the difficulty of enforcement…more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

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Reminder: Looming June 30, 2023 Sexual Harassment Training Deadlines for Chicago Employers

Seyfarth Synopsis: Employers must ensure their employees complete required sexual harassment training by June 30, 2023 pursuant to the City of Chicago Human Rights Ordinance which was amended last year and imposed new…more

#MeToo, Employee Training, Employer Liability Issues, Labor Reform, Local Ordinance

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FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File

On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which…more

Administrative Procedure Act, Federal Trade Commission (FTC), First-to-File, Limited Liability Company (LLC), Non-Compete Agreements

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FTC Non-Compete Ban: What You Need to Know

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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Certain Senior Living Facilities Can Elect Out of the Business Interest Limitation

Seyfarth Synopsis: On December 29, 2020, the Internal Revenue Service issued Revenue Procedure 2021-9 (the “Procedure”), which provides a safe harbor that allows the owner or operator of certain senior living facilities (a…more

Assisted Living Facilities (ALFs), Elder Care, Long Term Care Facilities, Nursing Homes, Senior Housing

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New Charlotte Ordinance Expands Employment Non-Discrimination Protections

Seyfarth Synopsis: On August 9, 2021, the Charlotte City Council voted unanimously to expand the protections under the City’s non-discrimination ordinance to include additional protected categories…more

Employer Liability Issues, Employment Discrimination, Local Ordinance, Non-Discrimination Rules

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Trust But Verify: Conduct Your Own Investigation Before Termination

Seyfarth Synopsis: In a recent ruling, Brooks v. Avancez, (Decided July 6, 2022) the U.S. Court of Appeals for the Seventh Circuit affirmed a finding for summary judgment for an employer after it was found to have terminated its…more

Disability Discrimination, Employer Liability Issues, Employment Litigation, Hiring & Firing, Termination

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Guess the Costume? This Year’s Best Knockoffs

Halloween is a time for us to don a different persona to express our creative side or simply for a bit of fun. People of all ages pick costumes to transform into characters, creatures, or inanimate objects. Whether it’s dressing…more

Copyright, Copyright Infringement, Copyright Litigation, Halloween, Intellectual Property Protection

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Looking Past the Headlines, the Impact of the FTC’s Ban on Non-Competes in M&A, Private Equity and Venture Capital

Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or…more

Competition, Corporate Sales Transactions, Employees, Employer Liability Issues, Employment Contract

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First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales…more

Compensation & Benefits, Employer Liability Issues, Employment Litigation, MA Supreme Judicial Court, Sales Commissions

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50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA…more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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NY Anti-Discrimination Laws Now Protect Non-Resident Job Applicants

New York’s highest court, settling a long-standing question dividing state and federal courts, has held that the New York State and City anti-discrimination statutes apply to non-residents who apply for jobs that would be based…more

Anti-Discrimination Policies, Employees, Employer Liability Issues, Hiring & Firing, Human Rights

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NLRB General Counsel’s Expansion Of Remedies Could Pose New Liabilities And Headaches For Employers Who Simply Enforce Their Policies

On April 8, 2024, National Labor Relations Board (NLRB or Board) General Counsel Jennifer Abruzzo issued GC Memo 24-04, which builds on previous GC memoranda from 2021 and 2022 where General Counsel Abruzzo announced her…more

Damages, Employees, Employer Liability Issues, Employment Policies, Enforcement Priorities

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Indoor Heat Illness Standard: More Delay of the Long-Delayed Rule

The Cal/OSHA Standards Board was ready to vote on Cal/OSHA’s indoor heat rule at the March 21, 2024 Standards Board meeting, but at the 11th hour, the Board was ordered to cancel its scheduled vote…more

Cal-OSHA, California, Employer Liability Issues, Health and Safety, Heat Exposure

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SEC Proposes Sweeping New Cybersecurity Rules: Is Your Company Prepared?

On March 15, 2023 the Securities and Exchange Commission (“SEC”) proposed three new sets of rules (the “Proposed Rules”) which, if adopted, would require a variety of companies to beef up their cybersecurity policies and data…more

Cybersecurity, Data Management, Data Protection, Data Security, Popular

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Canada - COVID Update June 2021

The Government of Canada has announced measures aimed at easing current border measures for travelers entering Canada. Beginning July 5, 2021 at 11:59 p.m. EDT, fully vaccinated travelers who are permitted to enter Canada will…more

Canada, Coronavirus/COVID-19, Infectious Diseases, International Travel, Public Health

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Proposed New Jersey Bill Would Lower Harassment Standard and Mandate Anti-Harassment Policy and Training

Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report…more

Anti-Harassment Policies, Employee Rights, Employee Training, Employer Liability Issues, Employment Policies

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A New Standard For Full and Fair Review

Seyfarth Synopsis: The 7th Circuit recently held that insurers and administrators must provide claimants an opportunity to respond to new information relied on for adverse benefit determinations, even if the claim predated the…more

Appeals, Disability Benefits, Employee Benefits, Insurance Industry, Insurance Litigation

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SDNY Breaks with Tradition in New Whistleblower Pilot Program

As usual, the U.S. Attorney’s Office for the Southern District of New York (the “SDNY”) is on the hunt for fraudsters and other white collar criminals. Though the Department of Justice has rewarded corporations for…more

Corporate Misconduct, Financial Institutions, Fraud, Jurisdiction, Pilot Programs

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Ford Eases EV Requirements After Latest Litigation Setback

In the fall of 2022, Ford introduced an aggressive “Model e Program,” requiring its dealers to invest roughly $500,000-$1 million to install publicly accessible electric vehicle (EV) charging stations, invest in employee…more

Automatic Stay, Automotive Industry, Car Dealerships, Charging Stations, Electric Vehicles

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Oregon Law Limits Lender Enforcement Actions Against Borrowers

Oregon’s House Bill 4204 (the “Statute”) was signed into law on July 7, 2020, by Governor Kate Brown. The Statute imposes certain limitations on a lender’s right to undertake enforcement action against a borrower on loans…more

Borrowers, Enforcement Actions, Financial Services Industry, Lenders, Mortgages

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USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration…more

Department of Homeland Security (DHS), Employees, Final Rules, Foreign Workers, H-1B

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M&A Checklist — How to Prepare Your IP for the Legal Due Diligence Process

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. But any company preparing to sell within the…more

Acquisition Agreements, Corporate Sales Transactions, Due Diligence, Intellectual Property Protection, IP License

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And the Wait for CCPA Rules is Over …. Kind Of

Attorney General Becerra’s office posted the long-awaited draft CCPA regulations a little before 2:00 pm (PST) October 10th. It was a bit of a curve ball, to be perfectly honest (considering the final swath of amendments to the…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Management

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UK Immigration: Government Publishes Details of New Points Based System

Seyfarth Synopsis: The UK government has published a policy statement outlining the new Points Based System that will come into effect in January 2021 after the post-Brexit transition period ends…more

Foreign Nationals, Foreign Workers, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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FTC Touts Refined Approach to Data Security Enforcement

Synopsis: On January 6, 2020, Andrew Smith, director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined in a blog post the agency’s new approach to data security orders. The agency implemented this…more

C-Suite Executives, Corporate Counsel, Corporate Governance, Cyber Attacks, Cybersecurity

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The Future of Hybrid Working: Full Steam Ahead or a Screeching U-turn?

As various restrictions put in place during the global coronavirus pandemic have lifted across the world, many businesses have embraced hybrid working. However, as we look to the future, are these working arrangements of the…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Remote Working, Wage and Hour

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The District of Columbia Court of Appeals’ Recent Significant Legal Precedent Carries Implications for Standards Organizations

In American Society for Testing and Materials (ASTM), et al. v. Public.Resource.Org, Inc. (PRO), 82 F.4th 1262 (D.C. Cir. 2023), the plaintiffs, ASTM, National Fire Protection Association (NFPA), and American Society of Heating,…more

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Intellectual Property Protection

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Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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US Treasury Proposes Regulations Addressing the New Holding Period for Partnership Profits Interests

Seyfarth Synopsis: On July 31, 2020, the US Department of Treasury (“Treasury”) published long-awaited proposed Treasury regulations (the “Proposed Regulations”) that provide detailed guidance on the new Code Section enacted by…more

Capital Gains, Disclosure Requirements, Dividends, Internal Revenue Code (IRC), IRS

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EEOC Litigation in Overdrive: Deciphering the EEOC’s FY2023 Case Filing Spike

Seyfarth Synopsis: Following the EEOC’s aggressive litigation posture in the Obama-era, the Commission’s federal case filings has been markedly sluggish, at least in part because of transitions in leadership. Seyfarth forecasted…more

Corporate Counsel, Employees, Employer Liability Issues, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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It’s not all hard hats and high vis: The hazards you cannot see in the workplace

Gone are the days when workplace safety belongs only in factories and mines. In 2023 criminal charges can and will be brought in relation to hazards and their associated risks that traverse every industry, every workplace and…more

Australia, Employer Liability Issues, Health and Safety, Workplace Hazards, Workplace Safety

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District of Columbia Coronavirus Omnibus Emergency Amendment Act of 2020: Tenant-Friendly Legislation and the Introduction of Remote Notarization

Seyfarth Synopsis: Mayor Muriel Bowser (the “Mayor”) continues to take action to address various concerns brought on by the ongoing COVID-19 pandemic…more

Coronavirus/COVID-19, Eviction, Landlords, Notarization, On-Demand Services

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Commission Guides Employers In How To Avoid Multi-Employer Worksite And “Controlling Employer” Liability

Seyfarth Synopsis: Since it codified the Multi-Employer Worksite Doctrine twenty years ago, OSHA has routinely cited multiple employers at the same worksite for the same violations…more

Duty of Care, Employer Liability Issues, Employment Litigation, Joint Employers, OSHA

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Corporate Transparency Act

On January 1, 2021, the National Defense Authorization Act for Fiscal Year 2021 (the "Defense Bill") was enacted into law. The Defense Bill includes the Corporate Transparency Act (the "CTA"), which creates a beneficial…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, FinCEN, NDAA

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Supreme Court Confirms Automatic Stay When Motions to Compel Arbitration are Denied

The U.S. Supreme Court’s June 23, 2023, majority decision in Coinbase, Inc. v. Bielski, Case No. 22-105 requires a stay of district court litigation if a party loses a motion to compel arbitration and pursues the right of…more

Arbitration, Arbitration Agreements, Automatic Stay, Coinbase, Coinbase Inc v Bielski

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National Labor Relations Board Proposed New Joint-Employer Rule

Seyfarth Synopsis: The National Labor Relations Board (NLRB or Board) announced that it will publish a Notice of Proposed Rulemaking in the Federal Register regarding its standard for assessing whether a joint-employer…more

Browning-Ferris Industries of California Inc., Collective Bargaining, Employer Liability Issues, Franchises, Hiring & Firing

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Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About Employer Speech

On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy Silk…more

Administrative Law Judge (ALJ), Cemex, Employee Rights, Employer Liability Issues, Employment Litigation

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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New York State Issues Updated Model Sexual Harassment Prevention Policy

Seyfarth Synopsis: New York State released a revised model sexual harassment policy highlighting a lower legal threshold for conduct to constitute sexual harassment under the New York Human Rights Law and emphasizing through…more

Anti-Harassment Policies, Employee Rights, Gender Discrimination, Labor Reform, LGBTQ

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IRS Announces 2021 Limits for Certain Health and Fringe Benefit Options

Seyfarth Synopsis: The IRS has announced the adjustments to key limits for certain health and welfare benefit programs, including HDHP deductibles, HSA and FSA contributions, and other fringe benefit options for 2021…more

Contribution Limits, Employee Benefits, Flexible Savings Accounts (FSAs), Fringe Benefits, HDHP

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Year-End Estate Planning for 2023

A strong stock market and “soft landing” have generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

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California Employers Not Required To Pay “Overtime On Overtime”

Seyfarth Synopsis: Under the Fair Labor Standards Act (FLSA) and applicable federal regulations, percentage of earnings bonuses can be excluded from the calculation of the regular rate of pay for purposes of calculating overtime…more

Employer Liability Issues, Fair Labor Standards Act (FLSA), Labor Code, Over-Time, Wage and Hour

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How to Comply with Prevailing Wage and Apprenticeship Requirements Under the IRA

Under the Inflation Reduction Act, employers claiming the available tax credits must pay Davis-Bacon prevailing wages, and meet certain apprenticeship requirements, to claim enhanced tax credits. As eligible projects take shape…more

Apprenticeships, Construction Project, Construction Workers, Davis-Bacon Act, Department of Labor (DOL)

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Don’t Play That Funky Music — The Music Might Be Harassing

Seyfarth Synopsis: A Ninth Circuit opinion has held that music with sexually derogatory and violent content might give rise to a claim for discrimination based on sex even if the music offends both men and women. Sharp, et al v…more

Civil Rights Act, Employees, Employer Liability Issues, Employment Litigation, Employment Policies

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Montgomery County, Maryland Adopts 6% Cap on Rent Increases

Seyfarth Synopsis: Montgomery County has enacted a comprehensive rent stabilization law that will limit annual rent increases for rental housing in the County to three percent plus CPI, with a maximum limit of 6%. The law…more

Affordable Housing, Landlords, Local Ordinance, Property Owners, Rent Control

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The Ultimate Scapegoat: COVID Inspired Lawsuits in California

Seyfarth Synopsis: As employers expected, the pandemic has brought new challenges to managing a workforce, and of course, new litigation. Here we address hotspots of COVID-19 litigation in California to help employers know where…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Families First Coronavirus Response Act (FFCRA)

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COVID-19 Vaccine Passports: The Fast Lane to the Resumption of International Business Travel?

The norm of international travel has been materially disrupted by the COVID-19 pandemic. However, with the commencement of the worldwide rollout of COVID-19 vaccines, growing interest in COVID-19 Vaccination Passports, and the…more

Coronavirus/COVID-19, Infectious Diseases, International Travel, Vaccinations

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Colorado Peculiarities

Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. …more

Anti-Discrimination Policies, Colorado, Disability Discrimination, Employee Rights, Employees

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Voided: The NLRB Adopts a Bright-Line Approach to Dual-Marked Ballots

Seyfarth Synopsis: In a move that will provide clarity to both unions and employers, the National Labor Relations Board in Providence Health & Services – Oregon d/b/a Providence Portland Medical Center, 369 N.L.R.B. No. 78 (May…more

Ballots, Labor Relations, NLRB, Popular, Union Elections

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If Pain, Yes Gain – Part 120: CDC Shortens COVID-19 Isolation Guidelines; Potential Impact on New York COVID-19 Paid Leave

On March 1, 2024, the CDC scaled back its guidance regarding COVID-19, most notably ending its recommendation of a five-day quarantine following a positive COVID-19 diagnosis…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employees, Employer Liability Issues, Health and Safety

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Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

See all updates »

Big Money: OSHA and EPA Civil Penalties Increase Again for 2024

Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties…more

CERCLA, Civil Monetary Penalty, Clean Air Act, Clean Water Act, Environmental Policies

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Report From Final Day of The 2024 ABA OSHA/MSHA Law Conference

This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission,…more

American Bar Association (ABA), Americans with Disabilities Act (ADA), Department of Labor (DOL), Employees, Employer Liability Issues

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Pennsylvania COVID Update: Philadelphia Among First to Reinstitute Masks for Indoor Businesses

On Wednesday morning, August 11, 2021, the City of Philadelphia announced that, effective Thursday, August 12, it is reinstituting a mask mandate for all indoor businesses, unless the business otherwise requires proof of…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks, Personal Protective Equipment

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Washington Now Has an Income Tax

The Washington State Supreme Court ruled on March 24, 2023 that the state’s new capital gains tax is constitutional in a landmark decision that will forever change the battle on how to make Washington’s tax system more…more

Capital Gains Tax, Income Taxes, State and Local Government, State Taxes, WA Supreme Court

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SECURE Act 2.0: Hold My Beer

Seyfarth Synopsis: The SECURE Act, passed just before the onset of the COVID-19 pandemic at the end of 2019 (“SECURE 1.0”), significantly altered the retirement plan landscape. For a reminder on how the SECURE Act changed the…more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Retirement

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10 Considerations for Landlords During the Coronavirus Crisis

Disruptions from the coronavirus (COVID-19) pandemic will have a lasting impact on industries worldwide. Commercial real estate landlords and tenants are being forced to make difficult decisions to adapt to these sudden changes…more

Breach of Contract, Business Closures, Business Interruption, Commercial Leases, Commercial Property Owners

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In Precedent Setting Ruling, Texas Federal Court Dismisses Employees’ Wrongful Termination Suit Regarding Refusal To Receive COVID-19 Vaccine

Seyfarth Synopsis: In a recent case out of the U.S. District Court for the Southern District of Texas, the Court dismissed wrongful termination and violation of public policy claims brought by employees refusing an employer’s…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Employment Policies, Hiring & Firing

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Texas Issues Order Prohibiting Private Business Vaccine Mandates Without Broad Exemptions

Seyfarth Synopsis: Texas Governor Greg Abbott has issued an Executive Order prohibiting public and private employers from requiring employees or customers to receive the COVID-19 vaccine if such individuals object for “any…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Governor Abbott, Infectious Diseases

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2023 FLSA Litigation Metrics & Trends

Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted…more

Department of Labor (DOL), Employees, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Understanding Local Law 97 (LL 97): Frequently Asked Questions and Answers

What is LL 97? - New York City’s LL 97 is part of a package of laws referred to as the Climate Mobilization Act, intended to be New York City’s own “Green New Deal.” At its core, LL 97 caps the amount of greenhouse gas…more

Condominiums, Greenhouse Gas Emissions, Local Ordinance

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Settlement Agreement Clarifies Rights and Duties of EB-5 Regional Centers

Following the March 15, 2022 enactment of the EB-5 Reform and Integrity Act of 2022 (the “Integrity Act” or “RIA”), United States Citizenship and Immigration Services (“USCIS”), a component agency of the Department of Homeland…more

EB-5, EB-5 Regional Centers, Investors, USCIS

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50 State Equal Pay Reference Guide 2024

For organizations that operate in multiple states, tracking the ever-changing requirements related to equal pay issues can pose daunting challenges and the growing “ripple effect” of such requirements is being felt across…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Pay Equity Laws, Salary/Wage History

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Event-Driven Securities Litigation in the Age of COVID-19

Seyfarth Synopsis: The COVID-19 pandemic has already spurred several private securities class action lawsuits and Securities and Exchange Commission (“SEC”) enforcement actions. Companies that deal with COVID-19 on a daily…more

Business Disruption, Carnival Cruise Lines, Coronavirus/COVID-19, Cruise Ships, Pharmaceutical Industry

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Washington Contractors Fail To Prevail: Changes To  Act Held Constitutional By State’s Highest Court

Seyfarth Synopsis: In an en banc decision, the Washington Supreme Court struck down a recent challenge of the state’s prevailing wage rate law. A 2018 amendment to the law provides that when a county has at least one collective…more

Collective Bargaining, Collective Bargaining Agreements (CBA), Contractors, Prevailing Wages

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Embracing AI in Patent Law: Navigating the USPTO’s Latest Guidance

The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency…more

Artificial Intelligence, Disclosure Requirements, Intellectual Property Protection, Patents, USPTO

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The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration Act

Seyfarth Synopsis: The Ninth Circuit recently extended the scope of which transportation workers are exempt from arbitration under the Federal Arbitration Act (“FAA”). In Carmona Mendoza v. Domino’s Pizza, LLC, – F.4th –, 2023…more

Arbitration, Arbitration Agreements, Delivery Drivers, Dominos, Employment Litigation

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Seyfarth Policy Matters Newsletter - March 2020 #5

Congress Approves $8.3 Billion Coronavirus Emergency Funding. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (H.R. 6074) is headed for the President’s desk. Among other things, the bill contains…more

Administrative Appointments, China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

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Future of the World of Work Pulse Survey

Powerful economic, societal, and technological drivers are reshaping work at a dramatic pace. The pandemic has only accelerated the pace of change…more

Coronavirus/COVID-19, Employer Liability Issues, Remote Working, Wage and Hour

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National “Strike For Black Lives” Planned For Monday, July 20, 2020

Seyfarth Synopsis: This is to briefly alert all employers that there is an upcoming nationwide strike planned for next Monday, July 20, 2020. It is being referred to as the “Strike for Black Lives”, and has been organized by…more

Corporate Counsel, Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Popular

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Oregon Law Limits Lender Enforcement Actions Against Borrowers

Oregon’s House Bill 4204 (the “Statute”) was signed into law on July 7, 2020, by Governor Kate Brown. The Statute imposes certain limitations on a lender’s right to undertake enforcement action against a borrower on loans…more

Borrowers, Enforcement Actions, Financial Services Industry, Lenders, Mortgages

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Briefing on LIBOR Replacement in Legacy Contracts: The Federal Reserve Brings Regulatory Life to the LIBOR Act

As 2022 drew to a close, the Board of Federal Governors of the Federal Reserve System (Federal Reserve) adopted a final rule addressing “legacy contracts” in order to avert financial chaos due to potential breaches of trillions…more

Banking Sector, Federal Reserve, Interest Rates, Libor, Secured Overnight Funding Rate (SOFR)

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Changing California Commission and Bonus Plans In The Time Of COVID

Seyfarth Synopsis: California employers seeking to mitigate the financial impact of the COVID-19 pandemic may consider adjusting certain pay plans as a way to control costs…more

Bonuses, Compensation & Benefits, Coronavirus/COVID-19, Wage and Hour

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Complying with the Corporate Transparency Act of 2020: Guidance for New York Cooperatives and Condominiums

Seyfarth Synopsis: The Corporate Transparency Act of 2020 (“CTA”) took effect on January 1, 2024 (“Effective Date”), impacting many privately held corporations, limited liability companies, and other similar entities. At a high…more

Beneficial Owner, Co-Op, Condominiums, Cooperative Agreements, Corporate Transparency Act

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EPA Proposes Amendments to Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and Process Heaters NESHAP

Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA or Agency) has released a pre-publication copy of its proposed amendments to the Air Toxics Standards for Industrial, Commercial, and Institutional Boilers and…more

Air Pollution, Comment Period, Environmental Policies, Environmental Protection Agency (EPA), Industrial Discharges

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If Pain, Yes Gain —Part 91: New York City Publishes Updated Earned Safe and Sick Time Model Notice

Seyfarth Synopsis: On October 27, 2020, the New York City Department of Consumer and Worker Protection published an updated English version of its model “Notice of Employee Rights: Safe and Sick Leave” under the New York City…more

Earned Sick Time, Employer Liability Issues, Local Ordinance, Safe Leave, State and Local Government

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Paid Leave and Coronavirus — Part 33: New York City Poised to Require Employers to Provide Parents with Paid Child Vaccination Time Off

Seyfarth Synopsis: On November 23, 2021, the New York City Council approved a bill that would amend and expand New York City’s Earned Safe and Sick Time Act, most notably by providing employees with paid time off in connection…more

Coronavirus/COVID-19, Employer Liability Issues, Paid Leave, Vaccinations, Wage and Hour

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Amending Building Loan Contracts in New York in the Wake of COVID-19-Related Closures of Local Recorders’ and Clerks’ Offices

The closure of local recorders’ and county clerks’ offices in the wake of COVID-19, and the prospect of future closures, has had a profound effect on commercial real estate transactions. This is particularly true in New York…more

Borrowers, Business Interruption, Construction Project, Enforcement, Executive Orders

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FTC Non-Compete Ban: What You Need to Know

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being…more

Competition, Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Time To Clean Up Janitorial Training

Seyfarth Synopsis: A new set of proposed regulations requires all janitorial employees and their supervisors to receive two hours of in-person, interactive sexual harassment training every two years…more

#MeToo, DLSE, Employee Training, Hospitality Industry, Janitorial Services

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Not Remotely Helpful: DOL Issues Guidance on Compensability of Teleworking Breaks

Seyfarth Synopsis:  The DOL has issued guidance to its staff – that might be relied upon by courts – that any break less than 20 minutes while working from home is compensable time, regardless of the reason for the break…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Remote Working, Wage and Hour

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Home Sweet Home Office: Considerations With Remote Employees

Seyfarth Synopsis: Although the concept of working remotely may seem simple, employers must consider several issues before allowing employees to work from home…more

Employer Liability Issues, Labor Code, OSHA, Telecommuting, Wage and Hour

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State Law Can Serve as a Backstop to the Federal Arbitration Act

Seyfarth Synopsis: Since the Supreme Court’s decision in Southwest Airlines Co. v. Saxon, many employers have seen an uptick in plaintiffs seeking to avoid arbitration by arguing that they are transportation workers and thus not…more

Arbitration, Arbitration Agreements, Employment Litigation, Federal Arbitration Act, Transportation Industry

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The State of Indiana Bans Political Subdivisions From Enacting “Ban the Box” Restrictions

Seyfarth Synopsis: Indiana Senate Bill 312 (the “Bill”) provides, among other things, that a political subdivision of the state, including a municipality, may not prohibit an employer from obtaining or using criminal history…more

Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues, Employment Discrimination

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A Matter of Trust – DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Culture of Compliance: M&A Transactions Subject To U.S. Department of Treasury Scrutiny

Seyfarth Synopsis: On May 2, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) released explicit guidance outlining its expectations for effective written sanctions compliance programs…more

Compliance, Due Diligence, Economic Sanctions, Foreign Policy, Internal Controls

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Top 5 Reasons to Remember Your Business Associate Agreements This Fall

As organizations begin renewing and entering into new contractual relationships for 2024, an oft-forgotten aspect of the contracting process is determining whether a Business Associate Agreement (a “BAA”) is required. Under…more

Business Associates, Business Associates Agreement (BAA), Covered Entities, Data Breach, Data Privacy

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No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD

Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under New…more

Americans with Disabilities Act (ADA), Disability, Disability Discrimination, Employer Liability Issues, Failure to Accommodate

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“U Can’t Touch This”: When A Garnished Employee Goes Bankrupt

Seyfarth Synopsis: Employers increasingly find themselves in the difficult position of deciding whether to continue garnishing an employee’s wages pursuant to a garnishment order when the employee files for bankruptcy…more

Automatic Stay, Child Support, Consumer Bankruptcy, Creditors, Employer Liability Issues

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HVCRE: Some Answers on the Horizon?

Since its implementation, the High Volatility Commercial Real Estate (HVCRE) rules have created certain questions and concerns for banks and borrowers alike in real estate lending transactions. Bi-partisan legislation (H.R…more

Banking Sector, Commercial Loans, Construction Industry, HVCRE Rule

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Texas Pre- and Post-Dobbs Landscape

As previously reported, Dobbs v. Jackson Women’s Health Organization held that the authority to regulate abortion is returned to the states, permitting states to regulate abortion within their borders. Thus, employers and…more

Abortion, Dobbs v. Jackson Women’s Health Organization, SCOTUS, State Health Departments, Texas

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If Pain, Yes Gain—Part 107: Colorado Amends Paid Sick Leave Law; Public Health Emergency Leave for COVID-19 Ends this Week

On June 2, 2023, Colorado formally expanded its covered reasons for use of paid sick leave under the Colorado Healthy Families and Workplaces Act (HFWA) when Governor Jared Polis signed into law Senate Bill 23-017 (SB 23-017)…more

Colorado, Coronavirus/COVID-19, Paid Leave, Paid Sick Leave, Public Health Emergency

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Paid Leave and Coronavirus Considerations — Colorado Emergency Paid Sick Leave Rules in Effect

Seyfarth Synopsis: On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) published the “Colorado Health Emergency Leave with Pay” Rules (HELP Rules) to aid in combatting the 2019 Novel Coronavirus disease,…more

China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Employer Liability Issues

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Second-Hand Smoke: New York’s Crackdown on Illegal Cannabis Sales Extends to Landlords

Governor Kathy Hochul’s determined efforts to combat illegal cannabis operations in New York have gained even more momentum with a new multi-agency initiative authorized as part of the 2024 Budget. The State aims to curtail the…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries, Licensing Rules

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In the DHS and DOL Bulls-eye: Foreign National Contract Workers

Employers who source talent from consulting or staffing companies continue to face growing scrutiny from multiple government agencies, including the Department of Homeland Security (DHS), the Department of Labor (DOL), and the…more

Corporate Counsel, Department of Homeland Security (DHS), Department of Labor (DOL), Employer Liability Issues, FDNS

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Supreme Court Narrows Securities Fraud Exposure

The Supreme Court recently took away an often-used weapon by shareholder plaintiffs in securities fraud cases, ruling that “pure omissions” from periodic SEC filings (absent any other duty to disclose) are not actionable under…more

Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K, Rule 10b-5, SCOTUS

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Surprising Plot Twist: The European Data Protection Supervisor Reprimands the European Union for its use of Microsoft 365

The European Union (EU)’s government organizations are just like any another entity trying to function in a world where global companies and even government entities are reliant on digital platforms for messaging and…more

Data Protection, EDPS, EU, EU Data Protection Laws, European Commission

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A Delaware Surprise: Busting the Limits of Enforceability of Non-Competes in an M&A Transaction under Delaware Law

M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold restrictive covenants in an acquisition. Even if the restrictive covenant at hand was…more

Acquisitions, Corporate Counsel, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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SEC Reopens Comment Period for Pay-for-Performance Proxy Disclosure

Seyfarth Synopsis: Back in 2015, the U.S. Securities and Exchange Commission (“SEC”) issued proposed rules on the pay-for-performance disclosure required under the Dodd-Frank Wall Street Reform and Consumer Protection Act of…more

Comment Period, Disclosure Requirements, Dodd-Frank, Pay-for-Performance, Securities and Exchange Commission (SEC)

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An End to At-Will Employment in Illinois? Newly Introduced Legislation Seeks to do Just That

Seyfarth Synopsis: On February 19th and 26th, 2021, Illinois legislatures introduced new bills that, if passed, would get rid of at-will employment, only allowing employers to terminate employees for just-cause, and require…more

At-Will Employment, Employment Policies, Hiring & Firing, Termination

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Growing Clarity: FinCEN Continues to Update Beneficial Ownership Reporting FAQs

On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) released further guidance regarding to Corporate Transparency Act compliance (CTA) by updating and expanding the Beneficial Ownership Information Reporting…more

Beneficial Owner, Corporate Transparency Act, Financial Institutions, FinCEN, Homeowners Association (HOA)

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Legal Update: Implementation Deadline for the European Directive on Working Conditions is Imminent: Prepare for New Information Obligations

The deadline for EU Member States to amend their local laws in order to comply with EU Directive 2019/1152 on transparent and predictable working conditions is August 1, 2022. Here’s what employers with workers in Europe need to…more

Employer Liability Issues, EU, International Labor Laws, Member State, Working Conditions

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California Considers Cutting the Cord with Right to Disconnect Legislation

California lawmakers have introduced legislation that would give employees the right to ignore communications from their employers that are received outside the contours of their “working hours,” which must first be agreed upon,…more

California, Employees, Employer Liability Issues, Labor Code, Labor Reform

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Good Faith Defense Applies To Wage Statement Penalty Claims

The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with section…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Good Faith

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Time is Ticking for United Arab Emirates Employers – Compliance with the New Labour Law and Recent Policy Developments

United Arab Emirates - The United Arab Emirates, or UAE, which comprises seven Emirates (i.e., Abu Dhabi, Dubai, Sharjah, Fujairah, Ajman, Um Al-Quwain, and Ras Al Khaimah) is an increasingly popular destination for…more

Contract Terms, Corporate Counsel, DIFC, Dubai, International Labor Laws

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What’s the Delta?  How Delta-8 Can Provide Trademark Rights for Hemp and Marijuana

A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state.  Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL…more

Cannabis Products, Farm Bill, Goods or Services, Hemp, Hemp Cultivation

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NLRB Expands Section 7 Protections to Workers Who Advocate for Nonemployees

On August 31, 2023, the National Labor Relations Board’s Democratic majority issued a decision in American Federation for Children, Inc. The ruling expands the scope of activities protected by Section 7 of the National Labor…more

Amnesty International, Employee Rights, Employer Liability Issues, Employment Policies, Federal Labor Laws

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White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive Damage Award

Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the…more

Adverse Employment Action, Business Strategies, Corporate Counsel, Diversity and Inclusion Standards (D&I), Employees

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Cal/OSHA Approves Non-Emergency COVID-19 Standard In Time for the Holidays

Seyfarth Synopsis: On Thursday, December 15, 2022, the Occupational Safety and Health Standards Board (“OSHSB”) approved the long-proposed 2-year “permanent” COVID-19 standard. The new standard will take effect on January 1,…more

Cal-OSHA, Coronavirus/COVID-19, Corporate Counsel, Employer Liability Issues, Employer Responsibilities

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FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File

On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which…more

Administrative Procedure Act, Federal Trade Commission (FTC), First-to-File, Limited Liability Company (LLC), Non-Compete Agreements

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Federal Disaster Loan Assistance Program for Small Businesses Impacted by COVID-19

Background - On March 12, 2020, in response to President Trump’s address to the nation and the signing of the Coronavirus Preparedness and Response Supplemental Appropriations Act (the “Act”), the Small Business…more

CARES Act, Coronavirus/COVID-19, Disaster Aid, Federal Loans, Small Business

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Board Wipes Out Decades of Precedent with Card Check Requirements, Punts on Issuing “Captive Audience” Ban or New Rules About Employer Speech

On August 25, 2023, the National Labor Relations Board (NLRB or Board) issued its much-anticipated Cemex decision, which has broad implications for union organizing. It handed unions a win with a partial return to the Joy Silk…more

Administrative Law Judge (ALJ), Cemex, Employee Rights, Employer Liability Issues, Employment Litigation

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The SEC’s New Private Fund Adviser Rule Comes Under Early Attack

The U.S. Securities and Exchange Commission (SEC) is engaged in new litigation following the introduction of the Private Fund Adviser (PFA) Rule. Designed to bolster transparency and competition within the private funds…more

Investment Adviser, Investors, Private Funds, Securities and Exchange Commission (SEC)

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Illinois Federal Court Grants Class Certification To Cook County Department Of Corrections Applicants Based On Allegedly Discriminatory Entrance Exams

Seyfarth Synopsis: On August 8, 2022, the U.S. District Court for the Northern District of Illinois granted Plaintiffs’ motion for class certification for a class of applicants who sought employment with the Cook County…more

Civil Rights Act, Class Action, Class Certification, Employer Liability Issues, Employment Litigation

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Trademark Offices Worldwide Respond to COVID-19: A Survey of Extensions, Announcements, and Status Information (UPDATED)

Trademark offices around the world have adjusted their practices in response to the global COVID-19 pandemic. Many trademark offices extended or suspended deadlines..…more

Administrative Proceedings, Business Closures, Coronavirus/COVID-19, Filing Deadlines, Intellectual Property Protection

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Massachusetts Department of Public Health Issues Stay-At-Home Advisory

Seyfarth Synopsis: Pursuant to Governor Baker’s Emergency Order regarding COVID-19 issued Monday, March 23rd, the Commissioner of the Massachusetts Department of Public Health (“DPH”) issued a two-part Public Health Advisory on…more

Business Closures, Coronavirus/COVID-19, Critical Infrastructure Sectors, Operators of Essential Services, Shelter-In-Place

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Good Faith Defense Applies To Wage Statement Penalty Claims

The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with section…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Good Faith

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DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day

Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and…more

Biden Administration, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary

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FLSA Pleading:  Mathematical Precision Not Required

Seyfarth Synopsis: The Supreme Court’s decision in Iqbal on the requirement of specificity in pleading provided the guidance that “determining whether a plausible claim has been pled is a context-specific task that requires the…more

Employees, Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules

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Houston Raises the Minimum Wage for Houston-Area Airport Workers, Up to $15.00 Per Hour by October 2023

Seyfarth Synopsis: The City of Houston is raising the minimum wage for employers with covered contracts, subcontracts, and concession agreements at George Bush Intercontinental Airport, William P. Hobby Airport, and Ellington…more

Employer Liability Issues, Minimum Wage, Wage and Hour

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New Permitting Requirements Proposed for Construction Projects in the City of Boston

The City of Boston has proposed new safety protocols for construction work deemed essential during the ongoing health emergency caused by the COVID-19 virus…more

Boston, Construction Contracts, Construction Industry, Construction Permits, Construction Project

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If Pain (Or Anything Else), Yes Gain – Part 115: Chicago Enacts Novel Dual Paid Sick Leave / Paid Time Off Law

What You Need To Know: On November 9, 2023, the Chicago City Council passed a brand new “Chicago Paid Leave and Paid Sick and Safe Leave Ordinance” (the “Ordinance”). The Ordinance is effective December 31, 2023, and will…more

City of Chicago, Employee Benefits, Employees, Labor Reform, Paid Leave

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Certified Tire: Not Your Average Compensation System

Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage for all hours worked during a pay period, but that also enables the employees to…more

Appeals, Class Action, Compensation & Benefits, Employer Liability Issues, Employment Litigation

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There is life after death...of the Bottom-Dollar Guarantee

Seyfarth Synopsis: On October 5, 2016, the Treasury Department published several pieces of guidance relating to disguised sales, allocation of liabilities, and other partnership tax issues, including “bottom-dollar” guarantees…more

Capital Expenditures, Debt Financing, Disguised Sales, IRS, Partnerships

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Good News For Employers: D.C. Circuit Insists On “Hard Look” At Uninjured Class Members At Class Certification Stage

Seyfarth Synopsis: In a decision with far–reaching implications for workplace class actions, the D.C. Circuit recently affirmed the denial of class certification of a Rule 23(b)(3) class on the grounds that the proposed class…more

Adverse Employment Action, Class Action, Class Certification, Commonality, Employment Litigation

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Fair Housing Disparate Impact Claims Survive SCOTUS Challenge

The U.S. Supreme Court has decided, 5 - 4, that the Fair Housing Act (FHA) permits the use of a major antidiscrimination tool, the legal theory of disparate impact. Texas Department of Housing and Community Affairs v. The…more

Affordable Housing, Disparate Impact, Fair Housing Act (FHA), Race Discrimination, SCOTUS

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Hybrid Plan Filing Reprieve…. Sort of

Seyfarth Synopsis: The IRS published guidance in its Employee Plans newsletter on August 24, 2020, allowing incomplete determination letter applications to be filed by August 31, 2020, with an opportunity to supplement the…more

Benefit Plan Sponsors, Determination Letter, Employee Benefits, Filing Deadlines, Hybrid Plan

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Important RWI Considerations under the Corporate Transparency Act

The Corporate Transparency Act of 2020 took effect on January 1, 2024, adding new filing requirements for many companies that may find themselves involved in mergers and acquisitions. Given the breadth of standard…more

Acquisition Agreements, Beneficial Owner, Commercial Insurance Policies, Corporate Sales Transactions, Corporate Transparency Act

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Geisinger Prevails 4-2 Against EEOC in Pennsylvania Federal Court, Leaving Anomalous ADA Title V Claim Ripe For Summary Judgment  

Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against the…more

Americans with Disabilities Act (ADA), Disability, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Failure to Accommodate

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Real Households of California: Issues with Domestic Workers

Seyfarth Synopsis: When we think of California employers encountering complex issues during the COVID-19 pandemic, images of retail, service, and other types of businesses come to mind…more

Domestic Workers, Over-Time, Sick Leave, Sick Pay, Wage and Hour

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FTC Announces Hart-Scott-Rodino Act Thresholds and Filing Fees for 2024

Seyfarth Synopsis: On January 22, 2024, the Federal Trade Commission (FTC) announced that the 2024 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $111.4 million to $119.5…more

Antitrust Provisions, Corporate Sales Transactions, Department of Justice (DOJ), Disclosure Requirements, Federal Trade Commission (FTC)

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Getting Back To Normal: New York Further Modifies Travel Quarantine Rules for Vaccinations, Amends Guidance on Certain Gatherings, and Allows More Industries to Reopen

Seyfarth Synopsis: New York has announced new travel quarantine and reopening rules. Domestic travelers are no longer subject to the Travel Advisory within 90 days of their full vaccination, certain gatherings can increase in…more

Coronavirus/COVID-19, Infectious Diseases, Quarantine, Travel Restrictions

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Seventh Circuit Reaffirms the Importance of Identifying a Proper Comparator in Discrimination Claims

Seyfarth Synopsis: On May 31, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination and work retaliation claims filed by a Black dental…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Race Discrimination, Retaliation

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Work Stoppages: GC Memorandum 18-02 Signals the “Trump Board” Will Have the Opportunity to Review Controversial Changes With Respect to Work Stoppages

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo setting forth a wide range of issues that must be submitted to Advice before Complaints will be authorized. Generally…more

Business Disruption, NLRB, NLRB General Counsel, Policy Memorandums, Right to Picket

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Illinois Contemplates Paid Family Leave Insurance Program

What You Need To Know: The Illinois House recently introduced legislation that would create a statewide paid family leave insurance program…more

Employer Liability Issues, Paid Family Leave Law, Paid Leave, State Labor Laws, Wage and Hour

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50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA…more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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A Toast to Diversity?:  Sean “Diddy” Combs’ Suit Against Diageo Heats Up

Seyfarth Synopsis: In May 2023, music and entertainment mogul Sean “Diddy” Combs, through his company, Combs Wines and Spirits LLC, commenced a lawsuit in New York Supreme Court alleging that Diageo North America, a…more

Arbitration, Brand, Breach of Contract, Distributors, Diversity and Inclusion Standards (D&I)

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Streamlining Services: USCIS Auto-Extensions for Work Permits – A Step Towards Efficiency and Relief

U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540…more

Employment Authorization Documents (EAD), Extensions, Foreign Workers, Form I-9, Hiring & Firing

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Securities and Exchange Commission Pay Versus Performance Updates

Seyfarth Synopsis:  As reporting companies prepare their Pay Versus Performance (PVP) disclosures for their upcoming proxy statements, they should take into consideration the most recent guidance on the topic in Securities and…more

CD&I, Disclosure Requirements, Emerging Growth Companies, Pay-for-Performance, Regulation S-K

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2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our…more

Employees, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), NLRB

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Legislative Update: Nearing the End of the Road (for 2023)

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,…more

Anti-Discrimination Policies, Cal-OSHA, Cal-WARN, California, Civil Code

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SEC’s In-House Adjudication Deemed Unconstitutional by Fifth Circuit

A key enforcement power of the Securities and Exchange Commission (“SEC”)—its ability to elect to conduct in-house administrative proceedings before Administrative Law Judges (“ALJs”) instead of bringing an action in federal…more

Administrative Law Judge (ALJ), Enforcement Actions, Investment Advisers Act of 1940, Securities and Exchange Commission (SEC), Securities Exchange Act

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Effective July 1, 2020, Indiana Requires Notarized Signature of Witness on All Recorded Instruments

Indiana recently amended Indiana Code §32-2-3(a), discussing recording requirements. As a result of this amendment, effective July 1, 2020, all instruments to be recorded in Indiana must be signed and notarized by both the…more

Grantors, Notarization, Recording Requirements, Witnesses, Writ of Execution

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Email Systems: GC Memorandum 18-02 Signals That The Trump Board May Review The Controversial Obama Board Changes Allowing Employees To Use Employer’s Email Systems For Protected, Concerted Activities

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during…more

Electronic Communications, Email Policies, Employment Litigation, Employment Policies, NLRB

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Hi[gh]ring Practices: Salary History Bans

As more states legalize cannabis, growth in job opportunities rises. However, with more jobs, the greater the risk of employment related lawsuits at the hiring stage. While there are a host of issues cannabis companies need to…more

Employer Liability Issues, Hiring & Firing, Job Applicants, Salary/Wage History, State Labor Laws

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W3C Adds Nine New Requirements In WCAG 2.2

Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, New Regulations, Regulatory Standards

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Two Years Later: New Jersey’s Governor Extends “Emergency” Powers Again, Further Delaying Effective Date of Extreme NJ WARN Amendments

As many New Jersey employers know, New Jersey’s “Millville Dallas Airmotive Plant Job Loss Notification Act” (“NJ WARN”) was amended twice in 2020. The original January 21, 2020 amendments (“January 2020 Amendments”) contained…more

Executive Orders, Governor Murphy, Hiring & Firing, Layoffs, State Labor Laws

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Growing Clarity: FinCEN Continues to Update Beneficial Ownership Reporting FAQs

On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) released further guidance regarding to Corporate Transparency Act compliance (CTA) by updating and expanding the Beneficial Ownership Information Reporting…more

Beneficial Owner, Corporate Transparency Act, Financial Institutions, FinCEN, Homeowners Association (HOA)

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No Quick Exit On 401(k) Class Action Alleging Imprudent Proprietary Fund Offerings

Seyfarth Synopsis: A district court recently denied a motion to dismiss a 401(k) proprietary fund class action, continuing an overwhelming trend of allowing these cases to survive pleading challenges…more

401k, Class Action, Employee Benefits, Investment Products, Motion to Dismiss

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Franchisors: Are You Covering Your Digital Assets?

Several high profile ransomware attacks have recently rocked the franchise world fomenting uncertainty and anxiety about franchisors’ legal obligations and liability. Ransomware attacks essentially kidnap a company by shutting…more

Cyber Crimes, Data Security, Digital Assets, Franchise Disclosure Document, Franchises

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Year-End Estate Planning for 2023

A strong stock market and “soft landing” have generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

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Oregon Enacts Consumer Privacy Act

On July 18, 2023, Oregon’s Governor Tina Kotek signed SB 619, which created the Oregon Consumer Privacy Act (“OCPA”). Oregon joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Florida,…more

Consumer Privacy Rights, Cybersecurity, Data Protection, New Legislation, Oregon

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FTC Actions Against Manufacturers Demonstrate Agency’s Priority in Enforcing Unlawful Repair Restrictions

On June 23, 2022, the Federal Trade Commission (FTC) announced that it had entered into consent orders with manufacturers Harley-Davidson Motor Company Group, LLC and MWE Investments, LLC (maker of Westinghouse outdoor…more

Corporate Counsel, Federal Trade Commission (FTC), FTC Act, Harley-Davidson, Magnuson-Moss Act

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Management Alert: DOJ Files Motion To Dismiss Eleven False Claims Act Suits

Seyfarth Synopsis: The United States Department of Justice recently filed a seismic motion to dismiss in a series of healthcare fraud-related cases…more

Anti-Kickback Statute, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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SEC Advisory Committee Recommends Additional Clarity Regarding So-Called “Finders”

The Securities and Exchange Commission ("SEC") Advisory Committee on Small and Emerging Companies ("Advisory Committee") announced new recommendations to make it easier for small and emerging companies to raise capital using…more

Broker-Dealer, Brokers, Capital Raising, Crowdfunding, Emerging Growth Companies

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If Pain, Yes Gain—Part 99: Allegheny County Paid Sick Leave Ordinance Effective Today, December 15, 2021

Seyfarth Synopsis: Late last week, the Allegheny County Department of Administrative Services posted the Allegheny County paid sick leave ordinance notice on its paid sick leave website, along with guidelines and FAQs clarifying…more

Coronavirus/COVID-19, Infectious Diseases, Paid Leave, Sick Leave, Wage and Hour

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Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission…more

Compensation & Benefits, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

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Year-End Estate Planning for 2023

A strong stock market and “soft landing” have generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

See all updates »

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Bonuses in the Time of COVID: Avoiding California Pitfalls

Seyfarth Synopsis: Employers offering bonuses to workers during the COVID-19 crisis must beware the famous saying that “wisdom comes to us when it can no longer do any good.” Some bonuses trigger special rules that employers…more

Bonuses, Compensation & Benefits, Coronavirus/COVID-19, Employer Liability Issues, Wage and Hour

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The Grundfest Solution Works Again and Corporate Counsel of Public Companies Should Take Notice of the Upside of Federal Forum Selection Clauses

On April 28, 2022, the California Court of Appeals became the first appellate court outside of Delaware to uphold a federal forum provision (“FFP”) in governing corporate documents. The appellate decision was issued in the case…more

Forum Selection, PSLRA, Publicly-Traded Companies, Securities Act of 1933, Securities Litigation

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So Much for Management Rights Clauses — The Board Strikes Again

Seyfarth Synopsis: In Graymont PA, Inc. the Board majority ruled that a unionized employer cannot unilaterally change rules or policies that affect bargaining unit employees even if its collective bargaining agreement contains a…more

Bargaining Units, Collective Bargaining, Corporate Counsel, NLRB, Unilateral Modification

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“SECURE-ing” the Answers to Outstanding Questions on the Rothification of Employer Contributions

Seyfarth Synopsis: Under Section 604 of Secure 2.0, sponsors of 401(k), 403(b) and governmental plans may allow employees to designate employer match (including match on student loan repayments) or nonelective contributions as…more

401k, 403(b) Plans, Corporate Counsel, Employee Benefits, Employee Contributions

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Drugmaker Sued for…Overpaying for Drugs? Lawsuit Ushers in Expected Wave of Welfare Fiduciary Litigation

The first complaint was filed in what is expected to be a wave of litigation alleging breach of fiduciary duty in selecting and monitoring welfare plan vendors. While the facts of this particular case may make it somewhat…more

401k, Breach of Duty, Consolidated Appropriations Act (CAA), Drug Pricing, Employee Benefits

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Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether…more

Adverse Employment Action, Civil Rights Act, Department of Justice (DOJ), Employee Transfers, Employees

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Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers Should Take Note

On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers using…more

Artificial Intelligence, Bias, Department of Labor (DOL), Employer Liability Issues, Executive Orders

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If Pain, Yes Gain — Part 121: New York City Paid Sick Time Turns 10 Years Old

Earlier this month, the New York City Earned Safe and Sick Time Act (“ESSTA”) – the City’s paid sick leave mandate – celebrated its 10-year anniversary…more

Earned Sick and Safe Time Act, Earned Sick Time, Employees, New York, Safe Time

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Navigating Global Religious Accommodation: Insights from Our Lawyers on Employer Responsibilities Towards Religious Beliefs in the Workforce

In a previous blog, we summarized the recent case of Groff v. Dejoy, where the U.S. Supreme Court unanimously clarified the undue hardship standard under Title VII, a federal law in the United States that prohibits employment…more

Civil Rights Act, Corporate Counsel, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy

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IRS Releases 2024 Limits for Health and Welfare and Related Plans

Seyfarth Synopsis: The IRS has announced an increase to the applicable dollar amount for determining the Patient-Centered Outcomes Research Institute (“PCORI”) Fee for 2024 as well as other health and welfare limits…more

Affordable Care Act, Department of Health and Human Services (HHS), Employee Benefits, HDHP, Health and Welfare Plans

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“But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split

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…more

Adverse Employment Action, Employer Liability Issues, Employment Litigation, Family and Medical Leave Act (FMLA), Hiring & Firing

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Held Captive No More: New York Enacts Legislation Prohibiting Mandatory Meetings Regarding Employers’ Political (But Really Union) or Religious Views

Seyfarth Synopsis: On September 6, 2023, New York Governor Kathy Hochul signed into law legislation that, effective immediately, prohibits employers from disciplining employees who refuse to participate in meetings concerning…more

Employees, Employer Liability Issues, Free Speech, Labor Reform, Labor Regulations

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Pregnant Workers Fairness Act: EEOC Issues Final Rule To Implement New Law Protecting Pregnant Workers

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Texas Issues Order Prohibiting Private Business Vaccine Mandates Without Broad Exemptions

Seyfarth Synopsis: Texas Governor Greg Abbott has issued an Executive Order prohibiting public and private employers from requiring employees or customers to receive the COVID-19 vaccine if such individuals object for “any…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Governor Abbott, Infectious Diseases

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Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the essential…more

Americans with Disabilities Act (ADA), Best Practices, Corporate Counsel, Disability Discrimination, Employees

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Franchising during the Coronavirus recession

Franchise systems around the country are confronting unprecedented challenges and business disruptions from the spread of the coronavirus (COVID-19)…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Franchises

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Washington Legislature Backs Several Pro-Housing Bills Benefitting Developers and Contractors

The 2023 Washington legislative session concluded on Sunday, with Washington lawmakers showing clear support for stakeholders in the housing industry by making it easier to build homes and apartments across the state…more

Housing Developers, Land Developers, State Legislatures, Urban Planning & Development, Zoning Laws

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May 2024 Global Immigration Alert

Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing…more

Foreign Nationals, Foreign Workers, Immigrants, Immigration Procedures, Immigration Reform

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Ninth Circuit Weighs In On Section 1782 Issue That Has Split Federal Courts

As we’ve previously written , 28 U.S.C. § 1782 is a useful federal statute that allows overseas litigants to obtain discovery through U.S. federal courts for use in the overseas litigation. With respect to adjudication of…more

Corporate Counsel, De Novo Standard of Review, Discovery, International Litigation

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COVID-19 Business Stimulus Funding Update: Small Businesses, Large Businesses, Mid-Size Businesses, Nonprofits, and Tax Provisions

Seyfarth is actively monitoring all aspects of federal legislation impacting our corporate clients based on COVID-19 business stimulus funding. We expect there to be rolling updates to these provisions based on programs yet to…more

Business Interruption, CARES Act, Chapter 11, Coronavirus/COVID-19, Economic Injury Disaster Loans

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Relief Down the Pipe for Cannabis Companies Amid the Coronavirus Crisis

In response to the drastic economic impact COVID-19 has had on small businesses in recent weeks, President Trump announced that the Small Business Administration (SBA) was authorized to provide $50 billion in low-interest loans…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Coronavirus/COVID-19, Small Business Loans

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The District of Columbia’s Vaccine Mandate: What Businesses Need to Consider

Seyfarth Synopsis: Pursuant to the Mayor’s Order 2021-148 (the “Order”), beginning on January 15, 2022, the District of Columbia has required certain businesses to verify that all patrons aged 12 and over have received at least…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Public Health, Vaccinations

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On the Heels of Helix: Third Circuit Confirms PTO Is Not Part of an Employee’s Salary for the Purpose of Evaluating the Salary Basis Test

Seyfarth Synopsis: Last week, the United States Court of Appeals for the Third Circuit held that employers can deduct from an employee’s PTO bank for failure to meet clearly defined productivity minimums without violating the…more

Employer Liability Issues, Paid Leave, Paid Time Off (PTO), Salaried Employees, Wage and Hour

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“Ambush” or “Quickie” Elections Are Back in Full: NLRB Issues Union-Friendly Elections Regulation

Seyfarth Synopsis: On August 24, 2023, the National Labor Relations Board (NLRB) issued a Final Rule dramatically altering union election processes. The Final Rule overturns many Trump-era regulations, thereby perpetuating an…more

Employee Rights, Employer Liability Issues, Employment Litigation, Federal Labor Laws, Final Rules

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HR Now. The Big Issues.

What matters to HR today? While every client has their own unique challenges, here’s what we are hearing consistently from our leading employer client base. 1. Business change - Change, and big change, is seemingly…more

Human Resources Professionals

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A Delaware Surprise: Busting the Limits of Enforceability of Non-Competes in an M&A Transaction under Delaware Law

M&A attorneys representing buyers, and their private equity and strategic clients, have long felt comfortable that the courts would uphold restrictive covenants in an acquisition. Even if the restrictive covenant at hand was…more

Acquisitions, Corporate Counsel, Non-Compete Agreements, Non-Solicitation Agreements, Restrictive Covenants

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DOL’s Proposed FLSA Independent Contractor Rule: Investment as Indicative of Profit and Loss

Seyfarth Synopsis: This latest installment in our series on the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act focuses on proposed changes to the profit-or-loss analysis as it…more

Capital Investments, Department of Labor (DOL), Employer Liability Issues, Entrepreneurs, Fair Labor Standards Act (FLSA)

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CDC Trims COVID-19 Isolation Guidance: COVID-Positive Individuals Need Only Isolate for 24 Hours After Being Fever-Free

Seyfarth Synopsis: The United States Centers for Disease Control and Prevention (CDC) is shifting its COVID-19 isolation guidance, advising that COVID-positive individuals no longer need to isolate once they have been fever-free…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases

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US-China Trade: Outbound Investment Control Regime in Sensitive Technologies

中美贸易:敏感技术的对外投资管制制度 Executive Order on Outbound Investment 有关对外投资的行政令 - A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies…more

Biden Administration, China, Critical Infrastructure Sectors, Executive Orders, Foreign Investment

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IRS Provides Guidance on CARES Act Defined Benefit Contribution Funding Relief

Seyfarth Synopsis: As Seyfarth has blogged about on multiple occasions, the CARES Act provided relief for qualified plans as a result of COVID-19. With respect to qualified defined benefit pension plans, the CARES Act extended…more

Benefit Plan Sponsors, CARES Act, Coronavirus/COVID-19, Defined Benefit Plans, Employee Benefits

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Cadillac Tax is Movin’ Out

Seyfarth Synopsis: Although it is not law yet, according to the must-pass spending legislation passed by both the House and Senate, it looks like the infamous Cadillac Tax and the Annual Fee on Health Insurance Providers (HIP…more

Affordable Care Act, Cadillac Tax, Employee Benefits, Health Insurance, Healthcare Reform

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Bankruptcy Courts: Open for Business

During challenging economic times, Bankruptcy Courts serve an essential governmental and financial function. The COVID-19 outbreak has forced closures of businesses and governmental entities throughout the country, resulting in…more

Coronavirus/COVID-19, Corporate Counsel, Court Closures, Court Schedules, Defense Strategies

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Six Weeks To Go Until California’s Pay Data Reporting Deadline

The reporting deadline for the 2023 California pay data reporting cycle is only six weeks away. Employers with at least 100 employees with at least one California employee must file their Pay Data Report with the California…more

California, Employees, Hiring & Firing, Independent Contractors, Labor Contractor

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Nike Prevails On Bag Check Case

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to require…more

Class Action, Corporate Counsel, Employer Liability Issues, Employment Litigation, Nike

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Massachusetts PFML Update: DFML Releases New 2023 Poster and Employee Notices

Seyfarth Synopsis: Employers must notify current and new employees of the 2023 updates to contribution rates and weekly benefit amounts under the Paid Family and Medical Leave (PFML) Law. The Department of Family and Medical…more

Employer Liability Issues, Medical Leave, Paid Leave, State Labor Laws, Wage and Hour

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Massachusetts PFML Update: Contribution Rates and Benefit Amounts for 2022

Seyfarth Synopsis: The Massachusetts Department of Family and Medical Leave announced updates to contribution rates and weekly benefit amounts under the Paid Family and Medical Leave law, effective January 1, 2022…more

Employer Liability Issues, Paid Leave, State Labor Laws, Wage and Hour

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A Ninth Circuit Panel Finds No ERISA Preemption Of Seattle Health Care Ordinance

Seyfarth Synopsis:  A recent panel decision from the Ninth Circuit rejects an ERISA preemption argument that a Seattle ordinance regulating private sector health care should be nullified in order to safeguard the ERISA…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Health Insurance, Preemption

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Union Intrusion: New OSHA Rule Permits Non-Employee Union Representatives on OSHA Inspection Walkarounds

On April 1, 2024, the Federal Register published OSHA’s final rule revising its regulations regarding whom employees can authorize to act as their representative(s) to accompany compliance officers during on-site OSHA…more

Employer Liability Issues, Final Rules, Health and Safety, Non-Employees, OSHA

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Proposed New Jersey Bill Would Lower Harassment Standard and Mandate Anti-Harassment Policy and Training

Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report…more

Anti-Harassment Policies, Employee Rights, Employee Training, Employer Liability Issues, Employment Policies

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Federal Court Addresses Central Bank Immunity and Authority to Waive Under Foreign Sovereign Immunities Act

In recent weeks sanctions against Russia’s central bank have prompted renewed buzz around the issue of sovereign immunity. The interpretation of the Foreign Sovereign Immunities Act (“FSIA”), specifically with relation to…more

Central Bank of Russia, Foreign Sovereign Immunities Act of 1976 (FSIA), Sovereign Immunity

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New York City Law Seeks to Curb Artificial Intelligence Bias in Hiring

Seyfarth Synopsis: A new law in New York City restricts the use of artificial intelligence (“AI”) to screen candidates for employment or promotion, and will take effect on January 1, 2023. Although employers have a year to…more

Artificial Intelligence, Employer Liability Issues, Hiring & Firing, Job Applicants, Popular

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Minnesota’s New Recreational Cannabis Law Results in First-Of-Its-Kind Drug Testing Scheme

Since 2014, Minnesota has provided applicants and employees with protections if they lawfully use cannabis for medicinal purposes. Starting August 1, 2023, Minnesota will provide protections to individuals who use cannabis for…more

Drug Testing, Employment Policies, Hiring & Firing, Job Applicants, Marijuana

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Held Captive No More: New York Enacts Legislation Prohibiting Mandatory Meetings Regarding Employers’ Political (But Really Union) or Religious Views

Seyfarth Synopsis: On September 6, 2023, New York Governor Kathy Hochul signed into law legislation that, effective immediately, prohibits employers from disciplining employees who refuse to participate in meetings concerning…more

Employees, Employer Liability Issues, Free Speech, Labor Reform, Labor Regulations

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Coronavirus Pandemic: My Construction Agreement Has a Force Majeure Clause, So Now What?

With the exponential spread of COVID-19, owners, contractors, and design professionals are recognizing the substantial impact this pandemic will have on the construction industry…more

Construction Industry, Contractors, Coronavirus/COVID-19, Federal Contractors, Force Majeure Clause

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CPPA Considers Next Set of CPRA Regulations Covering Cybersecurity Audits and Risk Assessments

The California Privacy Protection Agency (“CPPA”) issued and discussed draft regulations on Cybersecurity Audits and Risk Assessments late in the summer. The CPPA Board plans to discuss the draft regulations at its upcoming…more

Artificial Intelligence, Audits, California, California Privacy Protection Agency (CPPA), California Privacy Rights Act (CPRA)

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EEOC Weighs in on Alleged Conflict Between Religious Beliefs and Civil Rights Training

In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace training…more

Civil Rights Act, Corporate Counsel, Employees, Employer Liability Issues, Employment Discrimination

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More Trouble For Plan Administrators In Drunk Driving Cases

The Fifth Circuit adds to the growing body of case law requiring more detailed reviews of claims for life insurance or accidental death and dismemberment benefits following accidents resulting from drunk driving…more

Car Accident, Denial of Benefits, Drunk Driving, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Multiple Cyber Incidents Impact Employee Benefit Plans and Participants

By this point, most people in the employee benefits space have heard about the MOVEit and Retirement Clearing House (RCH) cyber incidents, which could directly impact employers’ benefit plans. The MOVEit file transfer…more

Data Breach, Employee Benefits, Employee Retirement Income Security Act (ERISA), Individual Retirement Account (IRA), Plan Participants

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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SECURE Act 2.0: Hold My Beer

Seyfarth Synopsis: The SECURE Act, passed just before the onset of the COVID-19 pandemic at the end of 2019 (“SECURE 1.0”), significantly altered the retirement plan landscape. For a reminder on how the SECURE Act changed the…more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Retirement

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Home Sweet Home Office: Considerations With Remote Employees

Seyfarth Synopsis: Although the concept of working remotely may seem simple, employers must consider several issues before allowing employees to work from home…more

Employer Liability Issues, Labor Code, OSHA, Telecommuting, Wage and Hour

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Ransomware with Data Exfiltration and Threatened Leak Extortion

Seyfarth Synopsis: The attorney-client privilege is a bedrock legal principle that protects a client from providing a court or adversary with confidential communications exchanged in the course of providing or receiving legal…more

Cyber Attacks, Cybersecurity, Data Protection, Hackers, Malware

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Supreme Court of Kentucky Rules That Firms May Require Lawyers to Sign Non-Solicitation Agreements That Exempt Legal Work

A law firm can terminate an at-will lawyer who refuses to sign an agreement prohibiting them from soliciting the firm’s customers or clients following cessation of employment, according to the Supreme Court of Kentucky. In…more

Appeals, At-Will Employment, Contract Terms, Employer Liability Issues, Employment Litigation

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Argument Update: Fifth Circuit Panel Seems Poised to Vacate DOL’s 2021 80/20 Rule

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this…more

Department of Labor (DOL), Employer Liability Issues, Food Service Workers, Hospitality Industry, Labor Reform

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SEC Claws Back Award for Dawdling Whistleblower, as Feds Signal Changes in Award Eligibility

Seyfarth Synopsis: Last week, the Securities and Exchange Commission released an Order Determining Whistleblower Award Claim holding that the whistleblower’s award should be reduced to 20% of the monetary sanctions collected in…more

Corporate Counsel, Dodd-Frank, Rule 21F, Securities and Exchange Commission (SEC), Securities Violations

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SCOTUS Upholds Arkansas PBM Law Against ERISA Preemption Arguments

Seyfarth Synopsis: The Supreme Court unanimously upheld Act 900, an Arkansas law regulating Pharmacy Benefit Managers (PBMs). The opinion could be used as a framework for states to attempt to indirectly regulate ERISA plans via…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Pharmacy Benefit Manager (PBM), Preemption, SCOTUS

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A decade in Australia: Seyfarth’s partners reflect on changes in employment and workplace safety law

Seyfarth just celebrated ten years of service to leading employers in Australia. To mark the occasion, we invited some of our partners to share insights on the evolution of employment, industrial relations and workplace safety…more

Australia, Compliance Management Systems, Employees, Employer Liability Issues, Employment Policies

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2021 Trade Secrets Webinar Series: Takeaways & Recordings

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. This year’s…more

Confidential Information, Former Employee, Hiring & Firing, Non-Compete Agreements, Restrictive Covenants

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New York State’s Proposed At-Will Prohibition: The “Big Apple” Does Not Fall Far From the Tree

Seyfarth Synopsis: Like the New York City Council, the New York State legislature is considering a bill to effectively abolish at-will employment. If passed, the State bill would prohibit employers from discharging employees…more

At-Will Employment, Employer Liability Issues, Hiring & Firing, State Labor Laws

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Employers Beware: Potential Rise in Union Corporate Campaigns

Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration,…more

Employer Liability Issues, NLRB, Regulatory Reform, Risk Management, Trump Administration

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Executive Compensation at Tax-Exempt Organizations Back in the Limelight – IRS Issues New Guidance

Seyfarth Synopsis: The IRS recently issued proposed regulations providing guidance under Internal Revenue Code (“Code”) Section 4960, which provides for an excise tax on tax-exempt organizations that pay certain executives in…more

Compensation & Benefits, Employee Benefits, Excise Tax, Executive Compensation, Golden Parachutes

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The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)…more

Appeals, CARES Act, Department of Labor (DOL), Domestic Workers, Employer Liability Issues

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More Laundry? Keeping Uniforms Clean in the Time of COVID

Seyfarth Synopsis: In the popular PBS show Downton Abbey, a large staff attends to the every domestic need of the British Earl and his family. Those of us somewhat less fortunate have likely felt the additional household burdens…more

Coronavirus/COVID-19, Employer Liability Issues, Occupational Exposure, Risk Management, Sanitation

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SECURE Act 2.0: Hold My Beer

Seyfarth Synopsis: The SECURE Act, passed just before the onset of the COVID-19 pandemic at the end of 2019 (“SECURE 1.0”), significantly altered the retirement plan landscape. For a reminder on how the SECURE Act changed the…more

401k, 403(b) Plans, 457(b) Plans, Employee Benefits, Retirement

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Trademark Offices Worldwide Respond to COVID-19: A Survey of Extensions, Announcements, and Status Information (UPDATED)

Trademark offices around the world have adjusted their practices in response to the global COVID-19 pandemic. Many trademark offices extended or suspended deadlines..…more

Administrative Proceedings, Business Closures, Coronavirus/COVID-19, Filing Deadlines, Intellectual Property Protection

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White House Implements Plans to Facilitate Office-to-Residential Conversions

Seyfarth Synopsis: With the cooperation of federal agencies such as the Department of Housing and Urban Development (HUD) and the Department of Transportation (DOT), the White House has established plans to use grants and…more

Affordable Housing, Community Development Block Grants, Consumer Financial Products, Department of Transportation (DOT), Financing

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Washington Legislature Backs Several Pro-Housing Bills Benefitting Developers and Contractors

The 2023 Washington legislative session concluded on Sunday, with Washington lawmakers showing clear support for stakeholders in the housing industry by making it easier to build homes and apartments across the state…more

Housing Developers, Land Developers, State Legislatures, Urban Planning & Development, Zoning Laws

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U.S. Immigration Alert: Department of State Establishes H-1B Visa Renewal Pilot Program in the United States

Seyfarth Synopsis: The below summarizes the Department of State’s Formal Notice to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens…more

Employees, H-1B, Hiring & Firing, Immigration Procedures, Non-Citizens

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New Frontier in COVID-19 Vaccine Litigation

Seyfarth Synopsis: Despite President Biden’s recent declaration that the COVID-19 pandemic is over, litigation concerning employer vaccine mandates continues as employers face hurdles to ensure workplace safety and compliance…more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), Employer Liability Issues, Employer Mandates, Employment Policies

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Emergency Childcare: State-Specific Measures

As follow-up to our overview “Emergency Childcare: A Guide for Health Care Providers,” below is a deeper dive on some state-specific considerations. There are some impactful measures that some states have already taken which…more

Centers for Medicare & Medicaid Services (CMS), Child Care, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers

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Immigration-Related FAQs In Response to President Trump’s Recent Executive Orders, as of February 2, 2017

Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration…more

Adjustment of Status, Citizenship, Customs and Border Protection, Department of Homeland Security (DHS), Dual Citizenship

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Georgia Law on "Act of God" and the COVID-19 Pandemic

Force majeure provisions are top of mind for many businesses today because of the pandemic of SARS-CoV-2, which causes the novel coronavirus disease called COVID-19. “Pandemics” are typically not specified in general commercial…more

Act of God, China, Construction Contracts, Contract Terms, Coronavirus/COVID-19

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FDA Issues Emergency Use Authorization for COVID-19 Vaccine

On December 11, 2020, FDA issued the first emergency use authorization (“EUA”) for a vaccine to prevent COVID-19. The vaccine, developed by Pfizer-BioNTech, is authorized for those 16 years of age and older…more

Coronavirus/COVID-19, Emergency Use Authorization (EUA), FDA Approval, Food and Drug Administration (FDA), Infectious Diseases

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Finally! DOL Issues Final Regulations for the E-Delivery of Retirement Plan Disclosures

After a long process, which stretched on for over a decade, on May 27, 2020, the Department of Labor (“DOL”) published final regulations regarding the electronic delivery of required disclosures under the Employee Retirement…more

Department of Labor (DOL), Electronic Data Transmissions, Employee Benefits, Employee Retirement Income Security Act (ERISA), Notice Requirements

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New York State Enacts Legislation Sealing Criminal Records

Seyfarth Synopsis: On November 16, 2023, New York became the 12th state to enact “Clean Slate” legislation, which allows certain criminal records to be sealed after an individual is sentenced or released from incarceration,…more

Background Checks, Conditional Job Offers, Criminal Background Checks, Criminal Records, Employer Liability Issues

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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Practical Estate Planning Considerations During a Pandemic

While the safety of your family is of first priority, the current health and economic crisis caused by COVID-19 raises issues and presents estate planning opportunities for your consideration…more

Death Tax, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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The next ten years: Seyfarth’s partners discuss the future of employment and workplace safety law in Australia

In our previous post celebrating the firm’s decade in Australia, our partners shared their insights into the most significant changes in employment and safety law that have affected leading employers. This post further explores…more

Australia, Employees, Employer Liability Issues, Employment Policies, Health and Safety

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Feeling the burnout? How to turn down the heat

Employee burnout is high, with one recent survey reporting that one in three participants say they experienced this in the last 12 months. This can lead to disengagement, high staff turnover and claims connected with mental…more

Employer Liability Issues, Employment Policies, Health and Safety, Wage and Hour

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The Implementation of China’s Trial Measures for the Administration of Overseas Issuance and Listing of Securities by Domestic Enterprises (《境内企业境外发行证券和上市管理试行办法》)

Introduction On 17 February 2023, the China Securities Regulatory Commission (“CSRC“) announced the “Trial Measures for the Administration of Overseas Issuance and Listing of Securities by Domestic Enterprises”…more

China, China Securities Regulatory Commission (CSRC), Cross-Border, Filing Requirements

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NLRB Targets Confidentiality and Non-Disparagement Provisions

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) once again issued new precedent when holding that the mere proffer of a draft severance agreement containing broad confidentiality and…more

Confidentiality Agreements, Employee Rights, NLRA, NLRB, Non-Disparagement Provisions

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Potential Path for Carriers and Employers to Enjoin Strikes over COVID-19 Issues: Court Rejects Union’s Effort to Use Safety Statute to Justify Illegal Strike

Seyfarth Synopsis: Many employers have been dealing with threats of COVID-19 related work stoppages over the past several months. Whether such strike activity is subject to no-strike clauses under the National Labor Relations…more

Coronavirus/COVID-19, NLRA, Railway Labor Act, Strike, Unions

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50-State Survey of Health Care Information Privacy Laws

The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as HIPAA…more

Corporate Counsel, Data Breach, Data Privacy, Data Protection, Health Care Providers

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7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case

Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed to…more

Adverse Employment Action, Americans with Disabilities Act (ADA), Associational Discrimination, Disability Discrimination, Equal Employment Opportunity Commission (EEOC)

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Trump Administration Issues Significant Executive Order: "Combating Race and Sex Stereotyping"

Seyfarth Synopsis: This week, President Trump issued an Executive Order on "Combating Race and Sex Stereotyping.”  The Executive Order will impact federal contractors, federal agencies and federal grant recipients in certain key…more

Bias, Civil Rights Act, Deregulation, Diversity, Diversity and Inclusion Standards (D&I)

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OMG! OMB Reviewing Long-Awaited Mental Health Parity Regulations – Public Release Imminent

Seyfarth Synopsis: Employer health plan sponsors, administrators, and insurers have been eagerly awaiting the U.S. Department of Labor’s upcoming guidance on mental health parity.  According to recent reports, newly proposed…more

Department of Labor (DOL), Employee Benefits, Employer Group Health Plans, Health Insurance, Healthcare

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Commercial Litigation Outlook - 2022

Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call upon…more

Class Action, Commercial Bankruptcy, Commercial Court, Commercial Litigation, Cybersecurity

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Adequacy for the US (kind of) – But What Are the Side Effects?

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-UD Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will…more

Court of Justice of the European Union (CJEU), Cybersecurity, Data Privacy, Data Protection, Data Security

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Working Remotely, NLRB Continues Delivering On Certain Appointed Rounds

Seyfarth Synopsis: During the COVID-19 crisis, the NLRB (for the most part) has truncated its operations to those operations and functions that can proceed without threatening the health of its employees or the public…more

Collective Bargaining, NLRB, Telecommuting, Unions

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Oregon Paid Family and Medical Leave Insurance Program is Here

What You Need to Know - Oregon Paid Family and Medical Leave (“OR PFML”) premium withholdings began January 1, 2023..…more

Employer Liability Issues, Medical Leave, Paid Family Leave Law, Paid Leave, Wage and Hour

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SECURE 2.0: Guidance on Exception to Early Distribution Penalty for Terminally Ill Individuals

Seyfarth Synopsis: As previously reported here, on December 20, 2023, the IRS issued Notice 2024-2 (the “Notice”) providing guidance on several outstanding questions related to provisions under SECURE 2.0. This blog post…more

401k, 403(b) Plans, Compensation & Benefits, Distribution Rules, Employee Benefits

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Forbearance Principles And Practice

In the next couple of weeks, landlords will know who can pay rent. In April, lenders will know which landlords can pay their mortgages. No one knows how long the pandemic and revenue disruption will last. In the interim, a…more

Coronavirus/COVID-19, Forbearance Agreements, Landlords, Lenders

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H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will again…more

Conditional Job Offers, Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, H-1B

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Remote Work via Digital Nomad Visas in Latin America and Spain: Key Employer Considerations

After the COVID-19 pandemic, the trend to work remotely accelerated. Countries around the world have viewed foreigners working remotely abroad as an opportunity to earn income and boost their economies. For employees, remote…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, International Labor Laws, Remote Working

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“Office” Violence Is No Laughing Matter

Seyfarth Synopsis: Workplace violence is no laughing matter. Although California law arms employers with strict laws to prevent workplace violence, no one wants to find themselves petitioning a court for emergency injunctive…more

Employer Liability Issues, Hostile Environment, Policies and Procedures, Risk Mitigation, Workplace Hazards

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Illinois Supreme Court Holds Workers’ Compensation Act Does Not Bar BIPA Claims

Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an employer…more

Biometric Information, Biometric Information Privacy Act, Corporate Counsel, Fingerprints, IL Supreme Court

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Corporate Transparency Act Update – 2023 Year-End Planning

November 29, 2023 Update: In the ever-evolving world of the Corporate Transparency Act (the CTA), there was good news from the Treasury Department today. Reporting Companies formed on or after January 1, 2024, will have ninety…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Personally Identifiable Information

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Legislative Update: The End of the Road (for 2023)

Seyfarth Synopsis: While Governor Newsom vetoed several impactful bills prior to his October 14, 2023, signing deadline, he approved a wide array of new laws with which businesses will need to comply with in 2024 and beyond,…more

California, Employees, Employment Contract, Health Care Providers, Labor Code

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The Legal Landscape of Fan Art

In the digital age, fans have embraced the opportunity to put a spin on famous corporate logos. Reimagining logos may be a way for consumers to express a connection they have to the brands, teams, and franchises they love and…more

Art, Copyright, Copyright Infringement, Copyright Litigation, Copyright Ownership

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Halloween Bill Provides A Scare By Seeking To Prohibit Workplace Arbitration Altogether

Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims, despite a string of United States Supreme Court decisions upholding arbitration and…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers Should Take Note

On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers using…more

Artificial Intelligence, Bias, Department of Labor (DOL), Employer Liability Issues, Executive Orders

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PBGC Addresses Withdrawal Liability Assumptions For First Time In New Proposed Rule

Seyfarth Synopsis: On October 14, 2022, the Pension Benefit Guaranty Corporation (“PBGC”) published its proposed rule under ERISA Section 4213 (the “Proposed Rule”), which sets forth for the first time the agency’s guidance on…more

Comment Period, Employee Benefits, Employee Retirement Income Security Act (ERISA), Interest Rates, Multiemployer Pension Plan Amendments Act (MPPAA)

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Expense Reimbursements in the Era of Remote Working

Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are…more

Coronavirus/COVID-19, Employer Liability Issues, Fair Labor Standards Act (FLSA), Reimbursements, Remote Working

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Paging Healthcare Workers! California Legislature Passes Bill Raising Minimum Wages

Seyfarth Synopsis: On September 14, 2023, the California legislature passed S.B. 525, which will raise minimum wages for health care workers across the state. The bill includes five separate minimum wage schedules for covered…more

California, Employees, Healthcare Facilities, Healthcare Workers, Labor Code

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COVID-19 Remote Workforce Risks – Preservation, Compliance, Privacy, and Data Security Risks

In response to the COVID-19 crisis, nearly all companies and organizations were abruptly forced to transition portions of, and in many cases, their entire workforce to remote work…more

Coronavirus/COVID-19, Cybersecurity, Data Protection, Information Technology, Malware

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A Roadmap for CRE Loan Document Review in connection with Waiver, Forbearance and Modification Requests During the COVID-19 Pandemic

As income streams are interrupted due to loss of rents in the midst of business closures during the continuing pandemic, many borrowers are reaching out to their lenders to discuss debt service and other relief under their…more

Borrowers, Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19

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California State Senate Passes Psychedelic Legalization In Latest Wave of the New Psychedelic Revolution

Seyfarth Synopsis: On June 1, 2021, the California State Senate passed Senate Bill 519 which calls for the legalization for non-commercial use of specific psychedelics. This Bill is the newest among the growing list of…more

California, New Legislation, State and Local Government, State Legislatures

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An Early Glimpse into the SEC’s Private Funds Advisor Rule

The Securities and Exchange Commission (SEC) has adopted the long awaited “Private Fund Adviser Rule” (the “PFA”). The proposed PFA was introduced on February 9, 2022 (“Proposed Rule”), and the SEC has been working with the…more

Disclosure Requirements, Final Rules, Investment, Investment Adviser, Investment Advisers Act of 1940

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LIBOR Discontinuance Update - What You Should Know

As you likely know by now, in July 2017 the U.K.’s Financial Conduct Authority announced that LIBOR will be phased out by 2021…more

Interest Rates, Libor, Loans, Secured Overnight Funding Rate (SOFR), UK

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Paid Leave and Coronavirus — Part 30: Paid Leave For COVID-19 Vaccines and “Kin Care” Come to Nevada

Seyfarth Synopsis: Nevada Governor Steve Sisolak recently signed into law Senate Bill 209 (“SB209”) and Assembly Bill 190 (“AB190”). SB209 requires private employers to provide employees with up to four hours of paid leave to…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Paid Leave, Paid Time Off (PTO)

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“Concealing” Approved Accommodations? Tenth Circuit Finds it Does Not Violate the ADA in Certain Circumstances

Seyfarth Synopsis: On January 17, 2023, the Tenth Circuit issued a decision in Norwood v. United Parcel Service . The Tenth Circuit affirmed the trial court’s decision in favor of United Parcel Service (“UPS”), holding that…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Reasonable Accommodation

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50 State Equal Pay Reference Guide 2024

For organizations that operate in multiple states, tracking the ever-changing requirements related to equal pay issues can pose daunting challenges and the growing “ripple effect” of such requirements is being felt across…more

Employer Liability Issues, Equal Pay, Equal Pay Act, Pay Equity Laws, Salary/Wage History

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April 2024 Global Immigration Alert

While we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigrants

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NYC Department of Consumer and Work Protection Issues New Notice to be Provided to Current Employees and New Hires

The New York City Department of Consumer and Worker Protection (“DCWP”) is requiring that all City employers conspicuously post its Know Your Rights at Work poster by July 1, 2024, and also provide a copy to current employees…more

City of New York, Earned Sick and Safe Time Act, Employee Rights, Employees, Employer Liability Issues

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Hello… Goodbye… Hello Again: New IRS FAQs Discuss Rehires and Bona Fide Retirements In Light of COVID-Related Labor Shortages

Seyfarth Synopsis: The IRS recently sought to reassure employers that they will not jeopardize their retirement plan’s tax qualified status if they permit employees who have a bona fide separation from service to take a…more

Coronavirus/COVID-19, Employee Benefits, Hiring & Firing, IRS, Retirement Plan

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Ninth Circuit Announces Legal Framework for Readily Achievable Barrier Removal Claims Under ADA

Seyfarth Synopsis: The Ninth Circuit Court of Appeals adopts a burden-shifting framework for analyzing claims involving the removal of pre-ADA barriers which requires the plaintiff to “plausibly show how the cost of removing the…more

Americans with Disabilities Act (ADA), Burden-Shifting, Corporate Counsel, Disability Access Claims, Public Accommodation

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New York Weekly Pay Update: Governor and Appellate Court Seek to Scale Back Litigation

Seyfarth Synopsis: A legislative proposal by the Governor, and a new appellate court decision, may have significant ramifications for weekly pay litigation in New York state and federal courts…more

Class Action, Corporate Counsel, Employees, Employer Liability Issues, Liquidated Damages

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California Supreme Court Attempts To Clarify Issues Of Control

On March 25, 2024, the California Supreme Court unanimously answered three questions regarding the meaning of "hours worked” that had been certified to it by the Ninth Circuit Court of Appeal. This ruling illuminates what…more

CA Supreme Court, Employees, Employer Liability Issues, Employment Litigation, Labor Law Violations

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FTC Task Force to Challenge Occupational Licensing Regulations: Does your interior designer really need to be licensed?

Acting chairwoman of the Federal Trade Commission, Maureen Ohlhausen, announced her first major policy initiative last week: an Economic Liberty Task Force. Ohlhausen targeted occupational licensing regulations as a major…more

Federal Agency Taskforce, Federal Trade Commission (FTC), Licensing Rules, Regulatory Agenda

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DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites

Seyfarth Synopsis:  The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Final Rules, Mobile Apps, State and Local Government

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The Setting Every Community Up for Retirement Enhancement (SECURE) Act—Now Say That 10 Times Fast!

Seyfarth Synopsis: The SECURE Act—just signed into law late last week—includes probably the most comprehensive revisions to the law governing employer-sponsored retirement plans since the Pension Protection Act of 2006. Many of…more

401k, 403(b) Plans, Compensation & Benefits, Employee Benefits, Individual Retirement Account (IRA)

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Fresh Off Victory Employer Fresh Products Prevails at the Sixth Circuit

Seyfarth Synopsis: the Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when an…more

ADEA, Age Discrimination, Americans with Disabilities Act (ADA), Disability Discrimination, Race Discrimination

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Civilian Board of Contract Appeals Decision Provides Guidance to Contractors Seeking to Recover Additional Costs Due to COVID-19

While the global economy grinds to a halt over spread of the novel coronavirus (COVID-19) and people disband amidst calls for “social distancing,” these are uncertain times to say the least…more

CARES Act, CBCA, Contract Claims, Contract Disputes, Contract Terms

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Turbulence Ahead: Navigating Political Speech in the Workplace during an Election Year and Global Pandemic

Seyfarth Synopsis: In a tumultuous year full of social unrest, a pandemic, and a Presidential election, it is no wonder employers find themselves grappling with how—and whether—to regulate politics in the workplace.  Options for…more

Coronavirus/COVID-19, Employment Policies, First Amendment, Free Speech, Freedom of Expression

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Be Careful What You Wish For: Federal District Court Uses Employer’s Desire For A Younger Work Force Against It In Conditional Certification

Seyfarth Synopsis: The U.S. District Court for the District of Kansas recently reaffirmed the lenient standard courts utilize when deciding a motion for conditional certification of a collective action brought under the Age…more

ADEA, Age Discrimination, Corporate Counsel, Employer Liability Issues, Employment Litigation

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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Weaving the Patchwork: How Mandatory Paid Family Leave Laws Stitch Together

With each passing year, the country’s patchwork of mandatory state paid family and paid family medical leave (collectively, “PFML” or “PFL”) laws continues to evolve and expand. Why is this existing patchwork so challenging for…more

Employee Benefits, Employer Liability Issues, Employment Policies, Paid Family Leave Law, Paid Leave

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Franchising during the Coronavirus recession

Franchise systems around the country are confronting unprecedented challenges and business disruptions from the spread of the coronavirus (COVID-19)…more

Business Closures, Business Interruption, Coronavirus/COVID-19, Franchises

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Property Owner Not Liable for Injury to Employee of Independent Contractor –12.6 Million Verdict Reversed

Seyfarth Synopsis: California’s Second District Court of Appeal recently reversed a 12.6 million jury verdict in favor of an independent contractor’s employee for injuries he suffered from a broken roof hatch of a commercial…more

California, Employees, Employer Liability Issues, Employment Policies, Independent Contractors

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Anti-Foreign Sanctions Law: Update for Companies Doing Business in China

Potential penalties for companies and individuals that comply with foreign sanctions law have been introduced by a series of legal developments in China that could make it difficult for those doing business in China to find ways…more

China, Economic Sanctions, Foreign Corporations, National Security

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SEC Proposes New Rules that would Exempt Certain “Finders” from Registration as Brokers

Seyfarth Synopsis: The Securities and Exchange Commission currently takes the view that "finders" who introduce potential investors to a company must register as brokers if they receive compensation based on the amount of…more

Broker-Dealer, Financial Services Industry, Financial Transactions, Finders, Fund Managers

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Lender Perspectives on Property Assessed Clean Energy (PACE) Loans

Property Assessed Clean Energy (“PACE”) financing is a fast-growing source of potential capital available to developers and property owners throughout the country. Available for use with both commercial properties (in which case…more

Clean Energy, Lenders, PACE, Property Owners

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Changes Coming to CA COVID-19 Requirements

Seyfarth Synopsis: Two big changes are on the horizon for California employers:(1) changes to the COVID-19 general exposure notification requirements and (2) a proposed “permanent” Cal/OSHA COVID-19 standard to take effect…more

Cal-OSHA, Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Infectious Diseases

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Private Sector Employers Face $50,000 Fine for Vaccine Mandates, New Texas Law Says

Seyfarth Synopsis: Texas has joined a number of other states in prohibiting employers, including healthcare providers, from requiring their workforces to be vaccinated against COVID-19. As a result, employers in Texas must…more

Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates, Employment Policies

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

See all updates »

COVID-19: Restaurant Reopening Considerations

Many states are beginning to modify stay-at-home orders to allow restaurants to resume dine-in operations. However, in light of the ongoing COVID-19 pandemic, restaurants will need to modify their dine-in operations to protect…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Restaurant Industry

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President Biden Issues Executive Order Encouraging the FTC to Consider Curtailing the Use of “Unfair” Non-Competes, but Without Providing any Additional Guidance or Details

On Friday, July 9, 2021, the Biden Administration released its executive order on “Promoting Competition in the American Economy.” We previously wrote about the forthcoming order and predicted that the executive order’s…more

Biden Administration, Department of Justice (DOJ), Employment Contract, Executive Orders, Federal Trade Commission (FTC)

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DST Bridge Lending - Considerations for the Borrower, Senior Lender, and Bridge Lender

Broadly syndicated Section 1031 investment programs, such as DSTs and TICs, have been popular with a growing number of real estate investors since the early 2000s due to their ability to allow investors to reinvest in…more

Borrowers, Bridge Loan, Delaware Statutory Trust Act, Internal Revenue Code (IRC), Real Estate Investments

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Return to Work Communications and Training Checklist

With millions of employees returning to worksites across the country, and given COVID-19’s reach, providing every team member with practical guidance and training on how to protect co-workers and others is becoming increasingly…more

Coronavirus/COVID-19, Employee Training, Employer Liability Issues, Employer Responsibilities, Internal Communications

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Federal Court: New York City COVID-19 Guaranty Law Unconstitutional

On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York issued her highly anticipated ruling in the latest iteration of Melendez et al v. The City of New York, et al. Judge Abrams granted…more

CARES Act, Commercial Leases, Commercial Litigation, Coronavirus/COVID-19, Guaranty Claims

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California Court Of Appeal Denies Oracle’s Petition For A Writ Of Mandate Or A Writ Of Prohibition To Reverse Class Certification Order

Seyfarth Synopsis: On April 30, 2020, the California Superior Court granted class certification against Oracle America Inc., allowing former employees to represent a class of over 4,100 women for claims of alleged discrimination…more

CA Supreme Court, Class Action, Class Certification, Equal Pay, Equal Pay Act

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New York City’s Construction Restart: What Should A Project Owner Expect from Its General Contractor?

Seyfarth Synopsis:  New York City construction projects are set to resume, after Governor Cuomo’s shutdown of most construction projects in New York in late-March 2020 to combat the spread of COVID-19.  This Legal Update…more

Business Closures, Business Interruption, Construction Project, Contact Tracing, Coronavirus/COVID-19

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California’s Mandate: Give Me Vaccinations, Or Give Me Tests!

Seyfarth Synopsis: On July 26, 2021, Governor Newsom, announced that California state workers and workers in “health care” and “high-risk congregate settings” will be mandated to either show proof of being fully vaccinated, or…more

Coronavirus/COVID-19, Governor Newsom, Infectious Diseases, Public Health, Vaccinations

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Risky Business: State and Local Orders Threaten Individuals Crossing State Lines with Mandatory Quarantine

Increasing fears about community spread of COVID-19 have caused a growing number of states and other localities to issue orders requiring those who are traveling to or returning to the state from out-of-state or specific…more

Coronavirus/COVID-19, Emergency Management Plans, Quarantine, Traveling Employee, Workplace Safety

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DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated…more

Artificial Intelligence, Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Employment Discrimination

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FTC Non-Compete Ban Lawsuits Update: Eastern District of Texas Stays Chamber of Commerce Suit in Favor of Ryan LLC as First-to-File

On May 3, 2024, the United States District Court for the Eastern District of Texas entered an Order staying the proceedings in Chamber of Commerce v. FTC by granting the FTC’s motion to apply the first-to-file doctrine, in which…more

Administrative Procedure Act, Federal Trade Commission (FTC), First-to-File, Limited Liability Company (LLC), Non-Compete Agreements

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The Long And Winding Road: Ninth Circuit Exempts Last-Leg Drivers From Arbitration Under The Federal Arbitration Act

Seyfarth Synopsis: The Ninth Circuit recently extended the scope of which transportation workers are exempt from arbitration under the Federal Arbitration Act (“FAA”). In Carmona Mendoza v. Domino’s Pizza, LLC, – F.4th –, 2023…more

Arbitration, Arbitration Agreements, Delivery Drivers, Dominos, Employment Litigation

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

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NY Anti-Discrimination Laws Now Protect Non-Resident Job Applicants

New York’s highest court, settling a long-standing question dividing state and federal courts, has held that the New York State and City anti-discrimination statutes apply to non-residents who apply for jobs that would be based…more

Anti-Discrimination Policies, Employees, Employer Liability Issues, Hiring & Firing, Human Rights

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Mental Health Compliance Report Issued to Congress Spoiler Alert – Plans All Fail

Seyfarth Synopsis: The Mental Health Parity and Addiction Equity Act (MHPAEA) requires group health plans and insurers to cover treatments for mental health and substance use disorders in a manner that is equitable to the plans'…more

Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), EBSA, Employee Benefits

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NY HERO Act Update: COVID-19 Designation Expires

Seyfarth Synopsis: The New York Commissioner of Health has declined to extend the designation of COVID-19 as a highly contagious communicable disease under the NY HERO Act. Employers are no longer required to activate their…more

Coronavirus/COVID-19, Health and Essential Rights (HERO) Act, Infectious Diseases, Masks, Occupational Exposure

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Finger Pointing On Agreement Approvals But…

Lots has been said recently in the press about enterprise agreement making and the approval process by the Fair Work Commission (FWC). In short, the numbers of agreements being made is down and approval times are “long”. The…more

Australia, Enterprise Agreements, Fair Work Commission, International Labor Laws, Labor Regulations

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A Matter of Trust – DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Fiduciary Duty, Fiduciary Rule

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Supreme Court Narrows Securities Fraud Exposure

The Supreme Court recently took away an often-used weapon by shareholder plaintiffs in securities fraud cases, ruling that “pure omissions” from periodic SEC filings (absent any other duty to disclose) are not actionable under…more

Macquarie Infrastructure Corp v Moab Partners LP, Omissions, Regulation S-K, Rule 10b-5, SCOTUS

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California Supremes Set Bounds on Employer Duty to Non-Workers

Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy…more

CA Supreme Court, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Employment Policies

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It’s not all hard hats and high vis: The hazards you cannot see in the workplace

Gone are the days when workplace safety belongs only in factories and mines. In 2023 criminal charges can and will be brought in relation to hazards and their associated risks that traverse every industry, every workplace and…more

Australia, Employer Liability Issues, Health and Safety, Workplace Hazards, Workplace Safety

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Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions

On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited…more

Background Checks, Credit Checks, Credit Reports, Employees, Employer Liability Issues

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Ten Tips for Franchisors This FDD Renewal Season

Federal law requires franchisors to update their franchise disclosure documents (“FDD”) within 120 days after their fiscal year end (“FYE”). State registrations must also be renewed annually. Here are ten best practices for…more

Disclosure Requirements, Franchise Agreements, Franchise Disclosure Document, Franchisee, Franchises

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Avoiding Fumbles and Penalties in California with Influencer Classification

Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. With the Super Bowl (and, of course, its famed…more

California, EDD, Employees, Employer Liability Issues, Independent Contractors

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The Second Circuit Creates a Circuit Split on Whistleblower Claim Standards

In a decision with potentially wide-ranging implications for federal whistleblower protection law, the Second Circuit has held that plaintiffs who allege they were punished by their employers for whistleblowing activity, and who…more

Adverse Employment Action, Anti-Retaliation Provisions, Burden-Shifting, Employer Liability Issues, Employment Litigation

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DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated…more

Artificial Intelligence, Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Employment Discrimination

See all updates »

City of Los Angeles Approves Broad COVID-19 Vaccine Verification Mandate For Public Places

Seyfarth Synopsis: On October 6, 2021, the City Council of Los Angeles approved, and Mayor Garcetti signed, an ordinance that will require patrons to show proof of COVID-19 vaccination before entering many indoor locations in…more

Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Local Ordinance, Vaccinations

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We Care About Machines, But Will They Care About Us?

Our clients care about “machines” (including “robots”, artificial intelligence, biometrics and the harnessing of big data) being developed as a result of innovation and technology because of the unprecedented efficiencies and…more

Automation Systems, Cybersecurity, Innovative Technology, Robotics

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Longshot Legislation Reflects Interest in AI Regulation

In the wake of several Congressional hearings over the past year on AI and intellectual property, Representative Adam Schiff (D-California) has introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). …more

Algorithms, Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation

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Ohio Courts: A Microcosm of the Judiciary’s Struggle to Address Insurance Coverage in the Wake of the COVID-19 Pandemic

Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or not)…more

Business Interruption, Coronavirus/COVID-19, Infectious Diseases, Insurance Industry, Insurance Litigation

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Gender Diversity in the Boardroom – Where are We Now in Hong Kong and APAC?

Introduction - Diversity & inclusion remains a priority for many businesses, even during these challenging times. A large part of recent conversation concerns encouraging greater female representation on corporate boards –…more

Board of Directors, Corporate Governance, Diversity, Gender Equity, Woman Board Members

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US-China Trade: Outbound Investment Control Regime in Sensitive Technologies

中美贸易:敏感技术的对外投资管制制度 Executive Order on Outbound Investment 有关对外投资的行政令 - A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies…more

Biden Administration, China, Critical Infrastructure Sectors, Executive Orders, Foreign Investment

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Global Pay Equity Desktop Reference 2024

There is a global call for greater transparency around employee pay. For multinational organizations, tracking the ever-changing global pay equity reporting obligations can pose daunting challenges. To simplify the process, we…more

Employer Liability Issues, Equal Pay, International Labor Laws, Pay Equity Laws, Salary/Wage History

See all updates »

Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

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Commercial Litigation Outlook - 2024

By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming year,…more

Arbitration, Artificial Intelligence, Banks, Class Action, Commercial Bankruptcy

See all updates »

Effective July 1, 2020, Indiana Requires Notarized Signature of Witness on All Recorded Instruments

Indiana recently amended Indiana Code §32-2-3(a), discussing recording requirements. As a result of this amendment, effective July 1, 2020, all instruments to be recorded in Indiana must be signed and notarized by both the…more

Grantors, Notarization, Recording Requirements, Witnesses, Writ of Execution

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California Attempts To Clarify Salary History Ban Legislation

California Governor Brown signed into law yesterday Assembly Bill No. 2282 to clarify previously passed legislation that prohibits inquiries into an applicant’s salary history…more

Employer Liability Issues, Employment Discrimination, Equal Pay, Equal Pay Act, Gender-Based Pay Discrimination

See all updates »

Avoid Drama With A Regular Rate Check-Up for Healthcare Employers

California healthcare employers are facing primetime levels of costly litigation alleging claims based on miscalculation of the regular rate of pay. Healthcare employers are often targets because non-exempt healthcare employees…more

Employees, Employer Liability Issues, Healthcare, Healthcare Facilities, Healthcare Workers

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Man Bites Dog: This PAGA Lawsuit Is Different

Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless…more

Collective Bargaining Agreements (CBA), Constitutional Challenges, Cruel & Unusual Punishment, Due Process, Employer Liability Issues

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China Releases Draft Measures on Security Assessment of Cross-Border Data Transfer

On October 29, 2021, the Cyberspace Administration of China ("CAC") published the "Draft Measures on Security Assessment of Cross-Border Data Transfer" ("Draft Measures") for public comment, which outlines the requirements for…more

China, Cybersecurity, Data Protection, International Data Transfers, Personal Data

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Year-End Estate Planning for 2023

A strong stock market and “soft landing” have generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer…more

Beneficiaries, Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift Tax

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Taking On-the-Job Training (OJT) to the Next Level: Reducing Liabilities Through Fuller Documentation

The OSHA regulations governing General Industry and Construction workplaces include hundreds of employee safety training requirements. Sophisticated safety managers know that many OSHA standards provide specific documentation…more

Employee Training, Health and Safety, OSHA, Standard Operating Procedures, Workplace Hazards

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U.S. DOL Releases Final Overtime Rule—Effective July 2024

Yesterday, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Final Rules

See all updates »

Illinois BIPA Legislative Update Regarding Damages

We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois…more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, IL Supreme Court

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Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?

Seyfarth Synopsis: In acquiring a company in bankruptcy, there is often a tendency to think this guarantees the purchaser will be “free and clear” of any liability (including so-called “successor liability”). This is not…more

Asset Purchaser, Bankruptcy Code, Commercial Bankruptcy, Coronavirus/COVID-19, Employer Liability Issues

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New York Non-Compete Ban is Off the Table—For Now

Seyfarth Synopsis: Efforts to prohibit non-compete agreements in New York State are back to square one following Governor Hochul’s veto of an outright ban in late December 2023…more

Employees, Employer Liability Issues, Employment Contract, Governor Vetoes, Hiring & Firing

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If The Signing’s Not Real, Don’t Count On Appeal

Seyfarth Synopsis: The Court of Appeal affirmed an order denying an employer’s motion to compel arbitration because the employer failed to authenticate the employee’s electronic signature on the arbitration agreement. Bannister…more

Appeals, Arbitration, Arbitration Agreements, Motion to Compel

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Strategies For Developing A Return To Work Action Plan

Seyfarth Synopsis: While most of the country is subject to shutdown orders, federal and local leaders are contemplating when and how to bring people back to work. …more

Coronavirus/COVID-19, Employer Responsibilities, Equipment Lease, Equipment Rentals, Health and Safety

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Department Of Homeland Security Publishes Final Rule Regarding H-1B Pre-Registration Process

Seyfarth Synopsis: On January 31, 2019 DHS published the final rule for the electronic pre-registration of H-1B cap petitions and changed the order of selection of filings…more

Department of Homeland Security (DHS), Final Rules, Foreign Workers, H-1B, Highly-Skilled Workers Visa

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China Unveils Two Approved Outbound Data Transfer Cases

Under China’s data protection regulatory framework, data processors are required to pass a security assessment conducted by the cybersecurity regulator before transferring certain categories or volumes of data out of China. This…more

China, Cybersecurity, Data Protection, Data Security, International Data Transfers

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Supreme Court Ruling Ramps Up Opportunities For Certain Workers To Challenge Arbitration Agreements Under Federal Law

Seyfarth Synopsis: As we previously reported, employers generally have found success when the United States Supreme Court takes up questions about the arbitrability of workplace disputes. The unanimous decision in Southwest…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Interstate Commerce, SCOTUS

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A Tableau of Consumer Confusion – Are Alcohol Beverages and Bar Services Always Related?

A recent decision from the Trademark Trial and Appeal Board may make bars and alcoholic beverage brands think twice about their trademark selections. In In re Caymus, the Board upheld a refusal to register TABLEAU, based in…more

Bars, Goods or Services, Intellectual Property Protection, Likelihood of Confusion, Trademark Infringement

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H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will again…more

Conditional Job Offers, Employment Authorization Documents (EAD), Filing Fees, Foreign Workers, H-1B

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

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Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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