Seyfarth Synopsis: Purveyors of porn are being sued for offering online videos without closed captioning....more
1/22/2020
/ Adult Entertainment ,
Americans with Disabilities Act (ADA) ,
Closed Captioning ,
Corporate Counsel ,
Hearing-Impaired ,
Movies ,
Pornography ,
Public Accommodation ,
Title III ,
Website Accessibility ,
Websites
Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more
8/20/2019
/ Collective Bargaining ,
Comment Period ,
Construction Industry ,
Employee Rights ,
Labor Law Violations ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NPRM ,
Proposed Amendments ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
Seyfarth Synopsis: A SDNY judge dismissed a website accessibility lawsuit finding that the company mooted the allegations in the complaint by remediating the accessibility barriers and that the Court lacked personal...more
6/12/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dismissals ,
Kroger ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The NLRB’s Office of General Counsel has issued an Advice Memorandum stating that an employer lawfully refused a union’s information request regarding its tax cut savings during bargaining....more
Seyfarth Synopsis: On October 15, 2018, amendments to the New York City Human Rights Law which require employers to engage in a “cooperative dialogue” with individuals with disabilities and others regarding their...more
10/10/2018
/ Anti-Discrimination Policies ,
Cooperative Dialogue ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Human Rights Code ,
Local Ordinance ,
New Amendments ,
NYCHRL ,
Reasonable Accommodation ,
State and Local Government
Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide. Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more
9/21/2018
/ Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Deportation ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
NLRA ,
NLRB ,
Popular ,
Raids ,
Subpoenas ,
Unfair Labor Practices ,
Unions
Responding to the surge of website accessibility lawsuits filed under Title III of the ADA, 103 members of Congress from both parties sent a letter to Attorney General Sessions urging action to stem the tide of website...more
6/22/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Deregulation ,
Disability Discrimination ,
Due Process ,
Public Accommodation ,
Regulatory Reform ,
Regulatory Standards ,
Title III ,
Trump Administration ,
Website Accessibility ,
Website Owner Liability ,
Websites
Given the Ninth Circuit’s recent holding that successor withdrawal liability is governed by a constructive notice standard, private equity companies and other businesses seeking to acquire other enterprises should be...more
6/18/2018
/ Acquisitions ,
Constructive Notice ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Multiemployer Plan ,
Pensions ,
Private Equity Firms ,
Risk Management ,
Successor Liability ,
Withdrawal Liability
Seyfarth Synopsis: “Thank you for your email, I will be out of the office from….” New York City employers might soon be seeing a lot more of these “out-of-office” emails from their employees if a recently proposed “Right to...more
Last month, the National Labor Relations Board (“NLRB”) vacated election results from a representation election because the Board agent opened the polling for a voting session 7 minutes late....more
Seyfarth Synopsis: On January 19, 2018, the New York City passed a law requiring that businesses engage in “cooperative dialogue” with individuals with disabilities and in other protected categories in the context of...more
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...more
Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida state courts....more
Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more
Seyfarth Synopsis: President Trump has nominated a candidate for the final remaining vacancy on the five-member National Labor Relations Board, who, if confirmed, would give the Republicans a 3-2 majority on the NLRB. ...more
Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more
Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more
5/18/2017
/ Cat's Paw ,
Civil Conspiracy ,
Commercial Truck Drivers ,
Conditional Job Offers ,
Department of Transportation (DOT) ,
Discrimination ,
Drug Testing ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Race Discrimination ,
Trucking Industry
Seyfarth Synopsis: The Southern District of New York recently held that parties may not settle FLSA claims without court approval through an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure....more
Seyfarth Synopsis: New regulations from the NY Department of Labor clarify employers’ ability to limit employees’ discussion of wages.
The New York Department of Labor has promulgated regulations that permit employers to...more
Seyfarth Synopsis: The District Court of the Southern District of New York granted an employer’s motion for summary judgment on an employee’s failure to accommodate claims, holding that the plaintiff did not hold a bona fide...more
Seyfarth Synopsis: The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively qualified for the position sought in order to meet their initial burden of...more
Seyfarth Synopsis: By filing a complaint against Postmates, Inc. challenging their arbitration waiver, the NLRB assumed that couriers for Postmates are employees, rather than independent contractors.
Earlier this month,...more
Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more
10/12/2016
/ Corporate Counsel ,
Discrimination ,
Disparate Treatment ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Hiring & Firing ,
NJ Supreme Court ,
Race Discrimination ,
Remittitur ,
Retaliation
Seyfarth Synopsis: The New York City Council introduced a bill that would prohibit New York City employers from inquiring or relying on a job applicant’s wage or salary history.
Although New Yorkers and Bostonians have...more
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