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
Seyfarth Synopsis: In 2013, Yvonne Cardwell, a dishwasher at a Whataburger in El Paso, Texas, was injured when a heavy object fell off of a top shelf and hit her in the head. Whataburger moved to compel the lawsuit she filed...more
Seyfarth Synopsis: Even before the pandemic made in-person work in many industries a thing of the past many employers had stopped requiring that their employees execute employee agreements like non-competition and arbitration...more
Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more
1/31/2020
/ Adverse Employment Action ,
Appeals ,
Civil Rights Act ,
Corporate Counsel ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
First Amendment ,
Free Exercise Clause ,
Hiring & Firing ,
Municipalities ,
Public Health ,
Reasonable Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Retaliation ,
Title VII ,
Vaccinations ,
Wrongful Termination
Seyfarth Synopsis: In affirming summary judgment in favor of the defendant in an Family and Medical Leave Act (FMLA) interference and retaliation case, the Fifth Circuit reinforced the importance of documenting performance...more
8/20/2019
/ Corporate Counsel ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Interference Claims ,
Medical Leave ,
Performance Reviews ,
Retaliation ,
Summary Judgment
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
Seyfarth Synopsis: The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee’s offensive speech and the individual’s workplace...more
In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more
7/20/2018
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Motion to Dismiss ,
Popular ,
Section 706 ,
Time-Barred Claims ,
Title VII
Seyfarth Synopsis: In recent months, sexual harassment has seized national headlines and raised significant questions about company policies, procedures, and culture. ...more