Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more
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...more
Seyfarth Synopsis: On March 17, the House of Representatives passed the “Forced Arbitration Injustice Repeal Act of 2022” or the “FAIR Act,” which would ban the use of mandatory arbitration agreements and class and...more
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...more
Seyfarth Synopsis: Recently, Congress passed significant new legislation amending the Federal Arbitration Act and precluding employers from mandating that employees arbitrate sexual harassment or sexual assault claims. ...more
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
As we previously reported, arbitration agreements have come under increasing scrutiny in recent years, especially with regard to claims for sexual harassment/assault arising during employment....more
Seyfarth Synopsis: In a case of first impression, the Ninth Circuit held that the continued use doctrine is available under the DTSA, and the court permitted a plaintiff to raise a DTSA claim for misappropriation of trade...more
Seyfarth Synopsis: Arbitration agreements with class and collective action waivers can help employers limit litigation exposure, especially to wage and hour claims. In recent years, however, in light of the “Me Too”...more
Seyfarth Synopsis: In an important decision for employers, the Fifth Circuit Court of Appeals rejected the all-too lenient but commonly accepted Lusardi standard for conditional certification under the FLSA. In its place, the...more
Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more
Seyfarth Synopsis: Often an employer’s valid safety requirements for a position can be at odds with a disabled employee’s request for a reasonable accommodation. A recent decision from the Fourth Circuit Court of Appeals...more
Seyfarth Synopsis: In a continuation of its push to protect employee free choice, the NLRB issued a final rule on April 1 that returns to the Board’s previous Dana Corp. rule. Under Dana Corp., employees may petition the...more
Seyfarth Synopsis: A recent case out of the Court of Appeals in Houston, Texas highlights the challenges in proving liability against a third-party competitor for knowing participation in breach of duty of loyalty/fiduciary...more
Seyfarth Synopsis: Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by. At the same time, however, once a company has notice that misappropriation may be occurring, the...more
12/4/2019
/ Appeals ,
Children's Toys ,
Competition ,
Confidential Information ,
Counterclaims ,
Former Employee ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Mattel ,
MGA Entertainment ,
Misappropriation ,
Misrepresentation ,
Preservation of Rights ,
Retail Market ,
State and Local Government ,
Statute of Limitations ,
Time-Barred Claims ,
Trade Secrets ,
Uniform Trade Secrets Acts
According to the U.S. Bureau of Labor Statistics, one in every seven jobs created in the U.S. in 2018 came in the healthcare sector. The growth in healthcare demand and jobs is due to coalescing of factors, including an aging...more
Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more
9/13/2019
/ Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Independent Contractors ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Just last week, San Antonio agreed to delay implementation of its paid sick leave ordinance until at least December 1, 2019. Now, as of this week, a lawsuit has been filed challenging the Dallas paid sick...more
Seyfarth Synopsis: On Wednesday, July 24, 2019, approximately one week before San Antonio’s paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the...more
Seyfarth Synopsis: On Wednesday, July 24, 2019, approximately one week before San Antonio’s paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the...more
Seyfarth Synopsis: Employers in Austin, Dallas, and San Antonio expected the Texas Legislature to overturn their cities’ recent foray into city-specific paid sick leave laws. However, the Texas Legislature recently...more
Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more
2/25/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
First Impression ,
JPMorgan Chase ,
Motion to Compel ,
Notice Requirements ,
Unpaid Overtime ,
Wage and Hour
Seyfarth Synopsis: Effective January 1, 2019, the EEOC withdrew its prior guidance on the level of incentives employers may offer their employees to convince those workers to participate in employer-sponsored wellness...more
Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more
10/19/2018
/ #MeToo ,
Appeals ,
Employee Training ,
Employer Liability Issues ,
Employment Litigation ,
Harassment ,
Health Care Providers ,
Home Health Care ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Offensive Language ,
Summary Judgment
Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the...more
10/2/2018
/ Civil Rights Act ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Former Employee ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Labor Law Violations ,
Pregnancy Discrimination ,
Severance Agreements ,
Severance Pay ,
Title VII