Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis for Mid-Term Unilateral Changes

Throwing Away the Contract In Favor of an Environment of Enduring Bargaining: Biden Board Expectedly Reinstates Waiver Analysis for Mid-Term Unilateral Changes | Management Writes: Practical Labor Law Updates Skip to content

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Arbitration Agreement Enforceable By Non-Signatory Alleged Joint-Employers

Seyfarth Synopsis: Employees who sign an arbitration agreement with one company cannot avoid arbitration with related defendant-companies by arguing they were not parties to the agreement. The California Court of Appeal held that claims against related defendant-companies that are closely tied to the arbitration agreement cannot not be separated for…

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New York State Releases Paid Prenatal Personal Leave FAQs as 1/1/2025 Effective Date Looms

What You Need to Know: As we previously reported, earlier this year a new paid prenatal personal leave entitlement was added to Section 196-b of the New York Labor Law, i.e., the New York State Paid Sick Leave Law. Beginning January 1, 2025, employers must provide at least 20 hours…

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Year-End Estate Planning for 2024

A record-breaking stock market has again generated significant wealth this year. The gift tax, estate tax and generation-skipping transfer tax are all imposed on the fair market value of assets at the time of transfer. Gifts and other transfers now may allow you to leverage your exclusions and exemptions, freeze…

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Shifting Supply Chains: How Trump’s Trade Policies May Reshape Global Warehousing and Logistics

The re-election of Donald Trump has renewed focus on policies prioritizing American interests. The “America First” agenda is expected to impact the logistics industry, both domestically and globally. As the new administration transitions in January 2025, stakeholders must assess the potential ramifications of these policies. By examining anticipated changes in…

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Seyfarth Post-Election Pulse Antitrust In The Second Trump Administration: The Chicago School Strikes Back

Traditionally, Republican administrations have favored deregulation and a more lenient approach to antitrust enforcement that is grounded in economics over policy preferences. This environment often leads to an increase in merger and acquisition activity, as companies feel more confident in pursuing significant deals without the fear of stringent regulatory intervention.…

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Webinar – What Employers Need to Know Regarding Non-Compete Changes in 2024

Scott Graham, Unsplash Tuesday, December 17, 20241:00 p.m. to 2:00 p.m. Eastern12:00 p.m. to 1:00 p.m. Central11:00 a.m. to 12:00 p.m. Mountain10:00 a.m. to 11:00 a.m. Pacific Register Here About the Program Join us for the final installment of Seyfarth’s 2024 Trade Secrets Webinar Series, where our panel will provide…

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Get Your Wallets Ready – The Price of Patents Are Going Up!

Attention, inventors, in-house counsel, and anyone with a vested interest in the world of intellectual property: the USPTO just issued its final rule for patent fees. This is a follow-up to the 2023 proposal—but with a slightly softer landing. Starting January 19, 2025, the cost of securing those all-important patent…

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Derivative Carriers Don’t Exist in the Air Industry, Says the NMB in Swissport

In a recent advisory opinion following the National Labor Relations Board’s (NLRB) referral, the National Mediation Board (NMB) ruled on whether the Railway Labor Act (RLA) applies to Swissport Cargo Services, LP, a third-party ground service provider for airlines (i.e., a “derivative carrier”). Deviating from nearly 40 years of history,…

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OFCCP Releases FY 2025 Corporate Scheduling Announcement List and Scheduling Methodology

Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) issued its FY 2025 Corporate Scheduling Announcement List (Release 1) (“CSAL”) today.  This list provides advance notice of 2,000 compliance reviews, which OFCCP plans to schedule although the exact timing is unclear.  Federal contractors and subcontractors should review the list…

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EEOC Posts Its Internal Scorecard: Insights For Employers

By: Adam Rongo, Andrew Scroggins, and Christopher DeGroff Seyfarth Synopsis: On November 15, 2024, the EEOC released its Agency Financial Report (“AFR”) for Fiscal Year 2024. The AFR is intended to provide a description of the Agency’s financial management and offer high-level performance information. This year’s edition marks the sixth…

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Election 2024 Labor & Employment Special Report: Navigating the Path Forward

During the second Trump administration, we anticipate that the EEOC’s routine enforcement and litigation activities would continue, as would policy initiatives capable of garnering bipartisan support. Indeed, the vast majority of the EEOC's day-to-day enforcement and litigation activities are politically uncontroversial and enjoy strong bipartisan support. However, the EEOC is…

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Guidance Issued on Contraception and Other Medical Services Under Health Plans

Hush Naidoo Jade Photography, Unsplash Seyfarth Synopsis: The IRS recently published two notices which describe the tax treatment of amounts paid for condoms and expand the list of preventive care benefits permitted to be provided by a high deductible health plan (HDHP) without payment of a deductible. Notice 2024-71 – This…

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The NYC Safe Hotels Act Creates More Challenges For Non-Union Hotels

By: Paul Galligan On November 4, 2024, Mayor Adams signed Intro 0991-2024, also known as the Safe Hotels Act.  The Act will become effective 180 days after November 4th.  Initially proposed at the NYC Assembly in July 2024, the Safe Hotels Act created a lot of controversy with several hotel…

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Massachusetts PFML Update: DFML Releases New 2025 Rate Sheets, Poster and Employee Notices

Seyfarth Synopsis: Employers must provide current employees with written notice of the 2025 contribution rates for the Massachusetts Paid Family and Medical Leave (PFML) program. Employees must receive notice of the 2025 contribution rates on or before December 2, 2024. The Department of Family and Medical Leave (DFML) has published…

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PAGA Paraphrased — Rodriguez v. Lawrence Equip., Inc.

Seyfarth Synopsis: The Second District again held that issue preclusion barred plaintiff’s PAGA claim because he failed to establish any violation of the Labor Code and arbitral findings have a preclusive effect on a plaintiff’s standing in a stayed PAGA claim.    The Second District again grappled with the issue…

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Top Six Q&As for Government Contractors on Procurement Fraud and Compliance Risks

In celebration of the recent release of the 6th Edition of the Government Contracts Compliance Handbook (authored by the Seyfarth Government Contracts Group), we’re sharing six essential questions and answers that every government contractor should be prepared to address regarding procurement fraud. This milestone edition dives into the complexities of…

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FTC Amends Pre-Merger Notification Rules Affecting Use of Restrictive Covenants

Rock Staar, Unsplash As we previously reported, the Federal Trade Commission (“FTC”) announced that it is amending and reorganizing the document requirements for pre-merger notifications under the Hart Scott Rodino Act (“HSR Act”), 15 U.S.C. 18a, which also includes a requirement for buyers to indicate the existence of non-compete and…

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New Rules for HSR Premerger Notification Filings Take Effect February 10, 2025

On November 12, 2024, the final rule issued by the Federal Trade Commission (FTC) amending premerger notification requirements under the Hart-Scott-Rodino (HSR) Antitrust Act was published in the Federal Register. The HSR Act typically requires parties to mergers and acquisitions over a certain size ($119.5 million in 2024) to provide…

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If Pain, Yes Gain – Part 128: Alaska, Missouri, and Nebraska Join Nation’s Paid Sick Leave Law Patchwork

What You Need to Know: As we reported last week, paid sick leave initiatives were on the ballot and up for vote in three states – Alaska (“Ballot Measure No. 1”), Missouri (“Proposition A”), and Nebraska (“Initiative 436”). Notably, constituents in all three states have voted and passed their respective…

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Pioneers and Pathfinders: Tony Thai and Byong Kim

Today’s episode of Pioneers and Pathfinders takes a slightly different approach. We are joined by Tony Thai, a returning guest, who is the CEO and Chief Engineer of HyperDraft, a contract automation software platform for various enterprises. We’re also joined by Byong Kim, Senior Director of Technology Innovations at Seyfarth.…

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Seyfarth Launches Energy Transactions Practice with Addition of Three-Lawyer Team in Houston

HOUSTON - (October 30, 2024) - Seyfarth Shaw LLP has strengthened its nationally recognized Corporate department with the addition of a three-lawyer team to its Houston office. Partner Chris Cottrell, along with associates Michael Szymanski and Xiaoming Gao, have joined Seyfarth to launch the Energy Transactions practice. The team is…

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Pioneers and Pathfinders: Nicole Clark

This week, we're joined by Nicole Clark, founder and CEO of Trellis, a state trial court research and analytics platform. For several years, Nicole was an attorney in private practice, handling business litigation and labor and employment matters. The idea for Trellis came from her experience doing research for complicated…

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Washington Increases Minimum Wage and Salary Thresholds for Exemption and Non-Competes

The Washington State Department of Labor and Industries has announced the state minimum wage for 2025.  In Washington, the state minimum wage is calculated annually (and generally increases) based on inflation.  Effective January 1, 2025,  Washington’s state minimum wage will increase to $16.66 per hour, which is a 2.35% increase…

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No Non-Compete? Maybe not a problem as PepsiCo appears to be alive and well.

Scott Graham, Unsplash In 2016, the Defend Trade Secret Act, 18 U.S.C. § 1836 (the “DTSA”), passed Congress and went into effect. At its heart, it effectively codified the Uniform Trade Secrets Act at the federal level, creating a federal cause of action. Prior to the enactment of the DTSA,…

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FDIC’s New Regulations Align with the Fair Hiring in Banking Act’s Amendments to Section 19 of the Federal Deposit Insurance Act

On December 23, 2022, President Biden signed the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023” which, among many other things, amended Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1829 (FDIA), to reduce hiring barriers across the financial services sector. As a result…

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If Pain, Yes Gain – Part 126: California Expands Paid Sick Leave Protections For 2025

What You Need to Know: Governor Newsom recently signed new laws – SB 1105 and AB 2499 – which extend and clarify employees’ available reasons for use of California paid sick leave (PSL). The changes go into effect on January 1, 2025. As we previously detailed, at the end of…

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New and Improved California Leave Provisions for 2025

Seyfarth Synopsis:  Out with the old and in with the new.  Governor Newsom recently signed new laws which extend and clarify employees’ available reasons for use of California paid sick leave.  There are expanded unpaid leave protections for victims of domestic violence, sexual assault, stalking, or qualifying acts of violence,…

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USPTO Bids Farewell to AFCP 2.0: Goodbye Old Friend!

The U.S. Patent and Trademark Office (USPTO) has officially announced that the After Final Consideration Pilot Program 2.0 (AFCP 2.0) will soon be laid to rest. In a notice dated October 1, 2024, the USPTO confirmed that the program will end on December 14, 2024. Despite being extended numerous times…

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Webinar Series: Winning Combinations: Exploring Synergies with Government Contracts Law

We are pleased to invite you to our upcoming webinar series, "Winning Combinations: Exploring Synergies with Government Contracts Law." This series of 30-minute webinars will explore the intersections between government contracts law and related Seyfarth practice areas, focusing on key topics such as cybersecurity, False Claims Act, white collar & investigations,…

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Pioneers and Pathfinders Virtual Roundtable Series: Understanding the Legal and Commercial Challenges of Disinformation and Deepfakes

Thursday, November 7, 20242:30 p.m. to 3:30 p.m. EDT1:30 p.m. to 2:30 p.m. CDT12:30 p.m. to 1:30 p.m. MDT11:30 a.m. to 12:30 p.m. PDT About the Program Seyfarth’s Pioneers and Pathfinders virtual roundtable series has tackled critical topics intended to help our clients navigate the implications of generative AI and…

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UK Labor Law – Legislation For Proposed Significant Reforms Unveiled

The UK’s new Labour government published its highly anticipated Employment Rights Bill last week. In total, the draft Bill contains 28 stand-alone employment law reforms (including many of the changes that we outlined in our blog post earlier this year - see Significant UK Labor Law Reforms on the Horizon).…

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Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault Or Sexual Harassment

By Romtin Parvaresh and Daniel C. Whang Seyfarth Synopsis:  In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced Arbitration of Sexual Assault and Sexual…

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DOD Proposes Regulatory Changes To Streamline Cost Or Pricing Data Requirements

On September 26, 2024, the Department of Defense (DOD) issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts (NDAA) for Fiscal Years 2018, 2021, and 2022 that update requirements for contractors to submit cost or pricing data.…

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Global Immigration and Mobility Podcast

The Global Immigration and Mobility Team launched its first podcast, as part of a collaborative cross-practice series, airing on Seyfarth’s Health Care Beat. In this episode, our Seyfarth team had a fireside chat with Fred Chereau, Senior Vice President of Strategy and Business Development at Alexion Pharmaceuticals, to discuss Fred’s…

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