Seyfarth Shaw LLP (LexBlog United States)

5832 results for Seyfarth Shaw LLP (LexBlog United States)

  • Lights, Camera . . .West Hollywood Paid Time Off Ordinance

    By: Bernard D. Olshansky, Elizabeth Levy, Joshua D. Seidman, and Emily Barsamian Seyfarth Synopsis: West Hollywood has joined the growing ranks of California cities that have their own local sick leave and/or minimum wage requirements.  West Hollywood enacted an ordinance that creates new paid and unpaid time off mandates as well as minimum wage obligations...

  • Coffee Talk With Benefits Episode 5: Cryptocurrency Investments in Retirement Plans

    Retirement plan investment in cryptocurrencies has been a hot topic of discussion in recent months. The Department of Labor’s reaction to Super Bowl commercials with celebrities touting crypto-investments, followed by Fidelity’s announcement that it would make cryptocurrency available for plan investment in the near future, has sparked some hot debate. In this episode of Coffee...

  • Happy Fourth of July!

    The Employment Law Lookout is taking a holiday break this week, but will resume delivering insightful discourse and updates on the day’s most pressing workplace issues next week. In the meantime, we want to wish all of our readers, contributors, and editors a safe and happy Fourth of July holiday.  We hope you are able to spend...

  • Supreme Court Finds USEPA Lacks the Authority to Regulate Certain Emissions

    By Jeryl L. Olson, Patrick D. Joyce, Rebecca A. Davis, Jose Almanzar, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen Seyfarth Synopsis: The environment was yet another topic addressed by the United States Supreme Court in a ruling where it dealt a heavy blow to the EPA’s efforts to cut greenhouse gas emissions. In West Virginia v....

  • Florida’s Stop WOKE Act Is Set To Go Into Effect On July 1 – What Should Employers Do?

    By: Julia Keenan, Alex Drummond and Robert Nobile On July 1, 2022, the law Florida Governor Ron DeSantis labeled the “Stop the Wrongs to Our Kids and Employees,” or Stop WOKE (“Act”), is set to go into effect, amending Florida’s employment discrimination laws state wide.  The Act is currently facing a First Amendment challenge in Florida.  However, on Monday,...

  • Texas Supreme Court Confirms that HouseCanary Must Fly Toward a $201 Million Judgment or a Retrial

    On June 17, 2022, the Texas Supreme Court affirmed a lower appellate court’s decision, (which we previously wrote about here), which nixed the plaintiff’s $740 million trade secret win at trial and required the plaintiff to either accept a $201 million breach of contract win (which the defendant decried as  “jackpot justice”) or go back...

  • Standards for Accessible Medical Diagnostic Equipment, EV Charging Stations, and Self-Service Equipment Are Forthcoming

    By Minh N. Vu Seyfarth synopsis:  The Spring 2022 Unified Regulatory Agenda is out with rulemakings on medical equipment, EV charging stations and fixed self-service transaction machines on the list of items to be addressed. We predicted that there would be more regulatory activity in the ADA Title III universe under the Biden Administration and...

  • CFPB Concludes Most Convenience Fees Charged by Debt Collectors Violate the FDCPA

    Following its recent “initiative” and request for information to reduce “exploitative junk fees,” the Consumer Financial Protection Bureau (“CFPB”) has on June 29, 2022 released an advisory opinion. The opinion concludes that “pay-to-pay fees,” which the debt collection industry refers to as “convenience fees” violate the Fair Debt Collection Practices Act (“FDCPA”) “unless the fee...

  • House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

    Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination, harassment, and retaliation. The “Accountability for Workplace Misconduct Act,” H.R. 8146, appears to be a federal effort to expedite the state-level trend to exempt discrimination, harassment, and...

  • House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

    By Alex Meier Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination, harassment, and retaliation. The “Accountability for Workplace Misconduct Act,” H.R. 8146, appears to be a federal effort to expedite the state-level trend to exempt...

  • What a Whopper – Court Finds An “Uncontrolled” HAZWOPER Release Doesn’t Mean “Any Release, No Matter How Small”

    By A. Scott Hecker, Adam R. Young, Mark A. Lies, James L. Curtis, Patrick D. Joyce,  and Craig B. Simonsen Seyfarth Synopsis: In U.S. Dep’t of Labor v. Tampa Elec. Co., the U.S. Court of Appeals for the Eleventh Circuit used common sense and reason to find the word “uncontrolled” is unambiguous and not open to interpretation – “because we...

  • DOJ Announces It Will Not Charge CFAA Violations for Good-Faith Security Research

    The Department of Justice recently announced a revision of its policy concerning charging violations of the Computer Fraud and Abuse Act (the “CFAA”). Following recent decision from the Supreme Court and appellate courts that seemingly narrow the scope of civil liability under the CFAA, the DOJ’s new policy may likewise limit criminal prosecutions under the...

  • California Privacy Protection Agency Releases Draft of Proposed Regulations to the CPRA

    At the end of May, 2022, the California Privacy Protection Agency (“Agency”) released a preliminary draft of proposed regulations for the California Privacy Rights Act (“CPRA”). The 66-page draft proposal only covers a few topics the Agency is seeking to cover. The issues covered in this draft of the regulations include data collection and processing...

  • The Week in Weed: June 24, 2022

    Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we look at the Justice Department’s action (or lack thereof) on cannabis.  In other inaction news, the Supreme Court will not take up a medical marijuana case.  Turning to the states, we see that...

  • Seriously? The Second Circuit Makes Life More Difficult For Employers Who Use Electronic Signatures For Agreements With Their Employees

    By Linda C. Schoonmaker and Tayte Doddy (Summer Fellow) 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 agreements with a  “wet signature”. Instead, those kind of agreements frequently are acknowledged by...

  • Leaked Opinion Becomes Reality — Roe v. Wade is Overturned

    Culminating a flurry of late June opinions released by SCOTUS this week, the court today in Dobbs v. Jackson Women’s Health Organization has taken the extraordinary step of ending decades of precedent surrounding the protections for abortion-related services under the U.S. Constitution. The opinion has been widely anticipated since a draft opinion was leaked, and...

  • Fifth Circuit Finds The COVID-19 Pandemic Is Not A Natural Disaster Under The WARN Act

    By Gerald L. Maatman, Jr., Alex W. Karasik, and Aaron A. Bauer Seyfarth Synopsis:  In Easom v. US Well Servs., No. 21-20202, 2022 U.S. App. LEXIS 16556 (5th Cir. June 15, 2022), the employer defendant invoked the WARN Act’s “natural disaster” exception when it conducted mass layoffs in its Texas workforce, due to the sudden...

  • Webinar Recap! Anatomy of a Restrictive Covenant

    In the fourth installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Kate Perrelli, Matt Simmons, and Robyn Marsh discussed restrictive covenant agreements (“RCAs”), including non-competes, non-solicitations, and NDAs. Plus they discussed best practices and practical tips companies can implement regarding restrictive covenant agreements. View a recording of this webinar here. As

  • Illinois Expands Its Bereavement Leave Act

    By Gillian B. Lepore, Meg Toth, and Sara Eber Fowler Seyfarth Synopsis: Illinois recently amended its Child Bereavement Leave Act to expand the reasons for leave, including miscarriage and stillbirth, and adds additional covered family members.  The law will now be called the “Family Bereavement Leave Act” and goes into effect on January 1, 2023.  On June 9, 2022,...

  • Modern slavery reporting series: Part 4 – what’s next for Australian businesses?

    In our fourth and final part of our Modern Slavery Reporting Series, we provide our practical recommendations for moving into the third reporting season to ensure your organisation has a compliant and robust modern slavery Statement and reporting framework. Organisations should now have established frameworks for how they aim to combat modern slavery within their...

  • October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022

    By: Noah Finkel and Scott Hecker Seyfarth Synopsis:  On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division targeted October 2022 for the release of a Notice...

  • Webinar: Special Delivery – Unwelcome Outreach from the Government: Part 1: Love Letters From E-Verify – Complexities and Nuances

    Tuesday, June 28, 2022 2:00 p.m. to 3:00 p.m. Eastern 1:00 p.m. to 2:00 p.m. Central 12:00 p.m. to 1:00 p.m. Mountain 11:00 a.m. to 12:00 p.m. Pacific Please join Seyfarth’s Immigration Compliance and Enforcement Team as they launch a four-part series focused on critical challenges faced by employers in the current era of more...

  • Oh Mylanta! San Francisco Amends Its Family Friendly Workplace Ordinance

    Seyfarth Synopsis: Wake up San Francisco! Mayor London Breed has approved amendments that will significantly expand the city’s 2014 Family Friendly Workplace Ordinance (“FFWO”). The amendments will go into effect on July 12, 2022. Everywhere You Look, Everywhere You Turn, There’s Somebody Who Needs . . . Flexible Working Arrangements Just like our favorite 90s...

  • Modern slavery reporting series: Part 3 – what can Australian businesses learn?

    In Part 2 of our series, we set out our insights on what differentiates the few organisations who are noticeably leading the pack in their disclosure obligations under the Modern Slavery Act 2018 (Cth) (Act) – how they are going above and beyond the minimum requirements of the Act to understand their supply chains and...

  • Modern slavery reporting series: Part 2 – what leading businesses are doing to meet their obligations

    The Modern Slavery Act 2018 (Cth) (Act) was developed with the intention to drive a ‘race to the top’ by organisations to properly identify, address and report modern slavery risks in global supply chains. However, our review of the modern slavery Statements submitted to date and consideration of various reports commentating on these issues (including...

  • California Legislative Update: What’s Left To Affect You?

    Seyfarth Synopsis: Headlining the employment-related bills that passed the May 27, 2022, House of Origin Deadline is AB 85, which extended COVID-19 Supplemental Paid Sick Leave to September of this year, as well as bills related to accommodations, leaves, retaliation, and workers’ compensation. On the deadline for bill introduction, back in February, California legislators introduced...

  • There Is No Try: Elimination of Religious Belief Conflict to Work Obligations Accommodation Must Do …. ( Unless Doing So Would Cause Undue Hardship)

    By Michael J. Cederoth, Rachel Duboff*, and Erin Dougherty Foley Seyfarth Synopsis: Accommodation requests continue to vex employers as they attempt to balance an employee’s religious beliefs with the overall needs of the business operations. But try they must.  Notwithstanding the mangled Yoda quote above, as more employees return to in-person work, it is important...

  • SCOTUS Bids FAArewell to Prohibition of Representative PAGA Waivers Contained in Arbitration Agreements

    By: Michael Afar, Daniel Whang, and Cassandra Frias Seyfarth Synopsis: On June 15, 2022, in Viking River Cruises v. Moriana, the United States Supreme Court ruled that individual claims under the California Private Attorneys General Act (“PAGA”) can be compelled to arbitration under the Federal Arbitration Act, partially preempting the California Supreme Court’s longstanding and contrary Iskanian

  • SCOTUS Bids FAArewell to Prohibition of Representative PAGA Waivers Contained in Arbitration Agreements

    On June 15, 2022, in Viking River Cruises v. Moriana, the United States Supreme Court ruled that individual claims under the California Private Attorneys General Act (“PAGA”) can be compelled to arbitration under the Federal Arbitration Act, partially preempting the California Supreme Court’s longstanding and contrary Iskanian decision. To read the full Legal Update, click...

  • Chicago Strengthens Its Protections Against Sexual Harassment With Mandatory Policies And Trainings For All Employers

    By Gillian B. Lepore, Vy’Shaey M. Mitchell, and Sara Eber Fowler Seyfarth Synopsis: Chicago’s amendments to its Human Rights Ordinance – expanding the definition of sexual harassment and implementing new policy and training requirements – go into effect on July 1, 2022. Employers should ensure that they are updating their policies and training plans accordingly....

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