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NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

EEOC Revises EEO-1 Report Proposed Pay-Data Collection Rules

Seyfarth Synopsis: On July 14, 2016, the EEOC released revisions to the EEO-1 proposed rule that will require many employers to annually report pay data if approved in its current form. While the EEOC clarified certain...more

The NLRB Guards “Mixed-Guard” Units Against Withdrawn Recognition

Seyfarth Synopsis: In Loomis Armored US, Inc., 364 NLRB No. 23 (2016), the NLRB abandoned its long-established precedent from Wells Fargo Corp., 270 NLRB 787 (1984), and held that employers may not refuse to bargain with a...more

6/21/2016  /  Collective Bargaining , NLRA , NLRB , Unions

Statute of Limitations for New Jersey Law Against Discrimination Claims Cannot Be Shortened By Contract

Seyfarth Synopsis: The Supreme Court of New Jersey rules that employers may not shorten the statute of limitations for claims of discrimination under the New Jersey Law Against Discrimination via private contract. The...more

A Costly Lesson For Employers On Replacement Workers

Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to...more

Somebody Call a Doctor!…. As a Treating Physician or Expert?

Seyfarth Synopsis: The New Jersey Supreme Court has recently held that a treating physician, who has not been designated as an expert witness, is permitted to testify as to whether a plaintiff’s medical condition qualifies as...more

Off the Record? Workplace Perils of Video Recording and Social Media

By Scott Rabe and Samuel Sverdlov Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater...more

NYCCHR Holds Public Hearing on Proposed Rules to Fair Chance Act

Today, the New York City Commission on Human Rights (“NYCCHR”), held a public hearing on the proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against...more

Arbitration Program Gets Straight AAA’s Despite Failing in JAMS

On March 1, 2016, the New Jersey Appellate Division upheld a decision to compel an employee to arbitrate her dispute with Raymours Furniture Inc. (“Raymours”) before the Arbitration Association of America (“AAA”) after JAMS...more

If Pain, Yes Gain—Part XVIII: Vermont Becomes Fifth State to Enact Paid Sick Leave Law

Vermont finally hopped on the paid sick leave bandwagon when last week, Governor Peter Shumlin signed the Vermont Paid Sick Leave Law (“Vermont PSLL”). Vermont joins Connecticut, California, Massachusetts, and Oregon as the...more

Breaking News: EEOC Holds Public Hearing on EEO-1 Pay Report: Seyfarth to Testify on Behalf of U.S. Chamber of Commerce

Tomorrow afternoon Seyfarth Shaw’s Camille Olson will testify on behalf of the U.S. Chamber of Commerce before the EEOC in public hearings on the EEOC’s proposal to expand the EEO-1 report to require employers to provide pay...more

Hacking at Employment Risks in Hackathons: Practice Insights

Employers of technology innovators should beware the employment traps and risks associated with think tank operations and retreats, such as hackathons. Hackathons are company-sponsored competitions, where either teams or...more

If Pain, Yes Gain -- Part XVII: NYC Publishes Final Amended Sick Time Rules

After months of anticipation, New York City has adopted the final amended Earned Sick Time Act Rules (the “final amended Rules”). The final amended Rules largely substantiate the requirements and compliance burdens on...more

NYCCHR Publishes Proposed Amendments to Fair Chance Act

The New York City Commission on Human Rights (“NYCCHR”) has published proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against job applicants and...more

Third Circuit Allows Termination of Expired CBA Obligations

Employers scored a big victory in In re Trump Entertainment Resorts, a case of first impression in the Third Circuit, which held that a debtor-employer can terminate their obligations under an expired Collective Bargaining...more

New Jersey Supreme Court Takes on Preemption of CEPA Whistleblower Claims

On Wednesday, January 6, 2016, the New Jersey Supreme Court heard arguments in Puglia v. Elk Pipeline, Inc., on whether claims under the New Jersey Conscientious Employee Protection Act (“CEPA”) were preempted by the federal...more

Dodd-Frank Bounties Are Alive and Well - Both SEC and CFTC Issue Awards

The U.S. government has recently paid substantial awards when the Commodity Futures Trading Commission (“CFTC”) awarded $290,000 to a whistleblower for providing valuable information about violations of the Commodity...more

Honoring Our Veterans: The Employers Guide To Military-Veteran Employees

Veterans Day, which initially was conceived as a day to commemorate the end of World War I, has evolved into an annual celebration to honor those who have served in the U.S. Armed Forces. On Veterans Day we self-reflect...more

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