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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

Ninth Circuit Hears Oral Arguments On Employment Arbitration Restrictions

Seyfarth Synopsis: The legal battles over Assembly Bill 51 (AB 51)—which attempts to prohibit mandatory employment arbitration agreements - continue. The Ninth Circuit heard the much anticipated oral arguments earlier this...more

Gradually Opening for Business – California Issues Reopening Guidelines

Seyfarth Synopsis: On May 7, 2020, California issued additional guidance to help businesses prepare to reopen as part of Stage 2 of the State’s 4-staged reopening roadmap. The guidance lays out 5 steps that certain businesses...more

California Announces Limited Reopening for Retail Beginning on May 8

On Monday, May 4, 2020, Governor Gavin Newsom announced that California will move into Phase 2 of the State’s COVID-19 reopening plan on May 8. Among other things, the shift will allow non-essential retailers to offer...more

Revised Federal “Advisory” Guidance on “Essential” Critical Infrastructure and Workforce Issued, Which Could Affect the Scope of...

Seyfarth Synopsis:  The Cybersecurity & Infrastructure Agency (CISA), on behalf of the Federal government, has issued a revised advisory memorandum listing “essential” infrastructure and workers during the COVID-19 pandemic. ...more

A California Pickle: Should Employers Defend Alleged Harassers?

Seyfarth Synopsis: When confronted with a lawsuit naming an individual employee as a defendant, should California employers run from the employee or provide a defense? The duty to indemnify employees often leaves employers in...more

Office Marital Dispute Did Not Trigger Employer’s Duty to Investigate

Seyfarth Synopsis: In Nakai v. Friendship House Association of American Indians, Inc., the California Court of Appeal considered whether marital disputes that spill into the workplace trigger FEHA’s marital status protections...more

Ninth Circuit Poised to Say “Call Me, Maybe”

Seyfarth Synopsis: The Ninth Circuit has suggested it might upset longstanding “on call” practices by making California employers liable for “reporting time” pay to employees who phone in ahead of their schedule, only to find...more

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