Seyfarth Shaw LLP (JD Supra United States)

4201 results for Seyfarth Shaw LLP (JD Supra United States)

  • Supreme Court Resolves Circuit Split on Access Under Computer Fraud and Abuse Act

    In a long-awaited decision, the Supreme Court resolved a circuit split about whether an individual with access to a computer system violates the Computer Fraud and Abuse Act (“CFAA”) by accessing information for an improper purpose. By a 6-3 decision authored by Justice Barrett, the Court held that an individual does not “exceed authorized access” within the meaning of the CFAA by misusing access

  • Cal/OSHA Standards Board Approves Controversial Changes to COVID-19 ETS

    Seyfarth Synopsis: On June 3, 2021, the California Occupational Safety & Health Standards Board (OSHSB) voted late in the evening to approve Cal/OSHA’s proposed revised Emergency Temporary Standard (ETS). The revised ETS fails to align with the relaxed measures recommended by the CDC and the Governor’s plans to end virtually all mask and social distancing requirements for vaccinated individuals...

  • Ninth Circuit Rules – State Pension Mandate Not Preempted Even Though An Employer Chooses Not To Establish ERISA Plan

    Seyfarth Synopsis:  The Court of Appeals for the Ninth Circuit has once again upheld against an ERISA preemption challenge, a State private sector benefits mandate, notwithstanding that ERISA provides that the decision to establish an ERISA plan rests solely with the employer.

  • The Week in Weed: June 2021

    Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

  • As Cars Become Computers On Wheels, Computer-Based Litigation Against OEMs Becomes More Likely

    A recently filed lawsuit illustrates the new litigation challenges that automakers will face as cars incorporate telematics and other connected car technologies. In a class action complaint filed in Bowen v. Porsche Cars N.A., Inc. in the U.S. District Court for the Northern District of Georgia on January 29, 2021, the owner of a 2011 Porsche vehicle claimed that a signal transmitted by Sirius XM

  • NJ Employers Must Prepare for the January 21, 2020 Amendments to the NJ WARN Act To Become Effective Post-Pandemic

    Seyfarth Synopsis: New Jersey’s WARN Act (“NJ WARN”) was amended twice in 2020. The January 21, 2020 amendments (“Jan. 2020 Amendments”) were put on hold for the duration of New Jersey’s Public Health Emergency. The Governor has signaled an end to the Public Health Emergency is around the corner and this will automatically bring to life the massive changes legislators have included in the...

  • If The Signing’s Not Real, Don’t Count On Appeal

    Seyfarth Synopsis: The Court of Appeal affirmed an order denying an employer’s motion to compel arbitration because the employer failed to authenticate the employee’s electronic signature on the arbitration agreement. Bannister v. Marinidence Opco, LLC.

  • Massachusetts Governor Signs Law Providing COVID-19 Emergency Paid Sick Leave And Fix For Unemployment Insurance Solvency Rate

    Seyfarth Synopsis: On May 28, 2021, Massachusetts Governor Charlie Baker signed into law legislation that grants employees emergency paid sick leave for COVID-related illness, quarantine and vaccinations (“COVID-19 emergency paid sick leave”). The law became effective on May 28, 2021 and will remain in place through September 30, 2021, or the exhaustion of $75 million in program funds as...

  • Oregon Blazes a Trail of Non-Compete Amendments

    For the fourth time in six years, Oregon is in the news again for an update to its non-compete laws.

  • For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS

    Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that fully vaccinated individuals could resume pre-pandemic activities without masks, Cal/OSHA asked the OSHSB to delay its consideration of the...

  • June 2021 Global Immigration Alert

    Please note: while we address some country-specific updates related to the COVID-19 outbreak, the below contains information regarding global restrictions and closures as they stand today. Given the constantly changing nature of this situation, we highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources,...

  • Hot Off The Presses: EEOC Issues Highly Anticipated Vaccine Guidance

    Seyfarth Synopsis: The EEOC has updated its Technical Assistance Guidance (“Updated Guidance”) related to COVID-19 and, in particular, what employers are permitted to do with respect to vaccination programs and incentives for employees to get vaccinated. The EEOC’s Guidance was prepared prior to the CDC’s updated guidance for fully vaccinated individuals and does not specifically address employer

  • Require Agencies to Apply the Rule of Lenity to All Actions

    Seyfarth Synopsis: This is the final installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for Agency Action.” Read the first, second, third, and fourth installments here. In total, five installments have been published.

  • Popping the Question: Santa Clara Employers Must Ask About Vaccinations

    Seyfarth Synopsis: Santa Clara recently issued an order that requires employers to ascertain and document their workers’ vaccination status by June 1, 2021. This directive has left businesses confused and concerned, with little time to comply. Below is an overview of what employers must do, by when they must do it, and the penalty for noncompliance.

  • “It’s Totally Random, Dude” – New Jersey Reveals Reduced, But Multi-Pronged Masking, Distancing, and Other COVID Guidelines

    Seyfarth Synopsis: On May 24 and 26, 2021, New Jersey Governor Murphy signed Executive Order 242 and Executive Order 243 mapping out what can only be called the most confusing approach to science, masking, and other COVID-19 guidelines enacted by any state. To be sure, the new restrictions indicate a significantly less restrictive approach from New Jersey’s full lockdown. However, the...

  • More Enforcement is on the Way: The COVID-19 Fraud Enforcement Task Force

    Since the dawn of the historic COVID-19 relief packages, which have doled out approximately $2.6 trillion to date (with more to be spent), the federal government has made no secret of the fact that it intends to ferret out and prosecute any wrongdoing involving those funds. In addition to misappropriation of relief funds, the government has also gone after those attempting to capitalize on the...

  • The Week in Weed: May 2021 #3

    Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

  • Nothing “new” Other Than a 90 day Extension of Virtual I-9s

    Late in the day, on May 26, Immigration and Customs Enforcement (ICE) announced a 90-day extension for remote Form I-9 inspection, allowing flexibilities to continue through August 31, 2021.

  • New York City’s New Biometric Privacy Law Goes Into Effect July 9, 2021

    Seyfarth Synopsis: New York City’s new biometric privacy ordinance creates a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability. Employers who do business in New York City should carefully review this new ordinance as well as any technology they be using that has the potential to collect biometric information.

  • US Court of Federal Claims Clarifies the Statute of Limitations for CDA Anti-Fraud Claims

    While most federal contractors are eminently familiar with the False Claims Act (“FCA”)—government’s most potent weapons for prosecuting false claims—the anti-fraud provision of the Contract Disputes Act (“CDA”) does not receive nearly as much attention in the headlines. CDA anti-fraud cases are rarer than FCA cases for a couple reasons. First, the government’s remedies under the CDA pale in...

  • A Time For Kindness: Supporting Employee Mental Health in the Era of COVID-19

    Organizations benefit from actively fostering kindness. In workplaces where acts of kindness become the norm, the spillover effects can multiply fast. When people receive an act of kindness, they pay it back, research shows — and not just to the same person, but often to someone entirely new. This leads to a culture of generosity in an organization.

  • California Finally Moves to Reopen

    Seyfarth Synopsis: On May 21, 2021, California health officials confirmed that the State’s highly anticipated June 15 reopening date is a go. With this announcement comes the long-awaited release of details about exactly what restrictions are poised to be lifted—which looks to be just about everything, at least on a State level. (Local restrictions may yet apply.)

  • Employers Do Not Need To Record Adverse COVID-19 Vaccine Reactions on their OSHA Form 300 Log

    Seyfarth Synopsis: OSHA recently issued additional guidance addressing whether employers need to record an employee’s adverse vaccine reaction on their 300 Log.

  • Back To The Future, Part Four: The Possible Reinstatement Of Obama-Board Rules

    The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth in a multi-part series discussing how Chairman McFerran’s dissents are likely to become the law once President Biden appoints new Board members and the Democrats are in the...

  • Policy Matters Newsletter - May 2021

    The Great Loosening: Easing of Coronavirus Restrictions Across The Union. Since Joe Biden’s election, this space has discussed the great expansion of the Paycheck Protection Program, as well as the great undoing of a number of Donald Trump era rules and orders. The CDC brought the Country into the third iteration of this saga when it announced that it would be loosening guidance on face covering...

  • E-Verify Spring Cleaning

    On February 17, 2021, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will dispose of any E-Verify records older than 10 years on May 14, 2021. On May 19, the E-Verify Records Disposal Date was extended to June 4, 2021. This notice provides a reminder to employers that participation in E-Verify requires ongoing maintenance; everyone can benefit from a spring cleaning with a

  • Winn Dixie Saga Continues: Eleventh Circuit Actively Considering Rehearing Request

    Seyfarth Synopsis: A recent order from the Eleventh Circuit signals that the court is seriously considering a rehearing in Gil v. Winn-Dixie.

  • IRS Releases Extensive Guidance on ARPA COBRA Subsidy

    Seyfarth Synopsis: On March 11, 2021, President Biden signed into law the American Rescue Plan Act (“ARPA”), which requires plan sponsors to provide free COBRA coverage from April 1, 2021 through September 30, 2021, to individuals who lose coverage due to an involuntary termination of employment or reduction of hours. This is also referred to as the “100% COBRA Subsidy” or “COBRA premium...

  • The Week in Weed: May 2021 #2

    Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana.

  • NY HERO Act Update: Proposed Amendments Would Provide Some Relief for Employers

    The New York Legislature is considering amendments to the New York Health and Essential Rights Act (“NY HERO Act”) that would address some concerns raised by the business community. The proposals would clarify the timelines for compliance, narrow the jurisdiction of the workplace safety committees, create a statute of limitations for employees to bring lawsuits, among many other topics.

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