Seyfarth Synopsis: With each passing year, the country’s patchwork of mandatory state paid family and paid family medical leave (collectively, “PFML” or “PFL”) laws continues to evolve and expand. Why is this existing patchwork so challenging for employers? Look no further than how varied these laws are in terms of…

SPEAKING ENGAGEMENT: Tracee Davis and Grayson Moronta will Speak on Coalition of Women's Initiatives in Law Panel on the State of DE&I in Law Firms and Companies | Employment Law Lookout Skip to content

Seyfarth Synopsis: With DOL’s overtime exemption rule currently under White House review, we could see its publication sooner rather than later. We previously reported on the Biden Administration’s April 2024 target date to publish the DOL Wage and Hour Division’s (“WHD”) final rule on increasing the minimum salary level for…

Wednesday, March 13, 202412:00 p.m. to 1:00 p.m. Eastern11:00 a.m. to 12:00 p.m. Central10:00 a.m. to 11:00 a.m. Mountain9:00 a.m. to 10:00 a.m. Pacific About the Program Today’s polarized environment presents many challenges for employers.  One such challenge is how to respond to reports of employees’ off-duty conduct.  Off-duty conduct…

As the FLSA landscape continues to evolve, Seyfarth’s national Wage and Hour Litigation practice group is pleased to share our observations and analysis of the 2023 FLSA litigation trends as well as our forward-looking predictions for 2024. Wage and hour litigation and enforcement actions continued as a hot-button concern in…

By Adam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: The United States Centers for Disease Control and Prevention (CDC) is shifting its COVID-19 isolation guidance, advising that COVID-positive individuals no longer need to isolate once they have been fever-free for 24 hours and their symptoms are…

Please note:  while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in “real-time” before traveling…

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check on the retail market legislation in Virginia. New Hampshire’s House of Representatives passed an adult-use cannabis bill. Arkansas’ Attorney General gives the go-ahead for advocates to start…

Seyfarth Synopsis: While New York State failed to pass a non-compete ban last year, a new bill in the New York City Council would eliminate non-compete agreements entirely, presenting new challenges and considerations for employers in the Big Apple. On December 12, 2023, the New York State Legislature delivered a…

  Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who support those tools are more than happy to provide them. Global spend in the health and…

A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies.

New York State’s law on pay transparency in job advertisements went into effect on September 17, 2023.  A few days before the law’s effective date, the state’s Department of Labor published proposed rule making that would clarify key points of the law, while also leaving some questions unanswered. Public comment…

Anything but casual… In the first of our series examining the Closing Loopholes Bill introduced into Parliament yesterday, we look at the new measures for casual employment. The Orwellian title of the Closing Loopholes Bill foreshadows its intentions: casual employment is double-plus-ungood. Premised on the doublethink notion that casual employment…

Almost precisely a year after the Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under Title II of the Americans with Disabilities Act (ADA), the DOJ has published its Notice of Proposed Rulemaking (NPRM) to the Federal…

Several U.S. courts are addressing lawsuits brought by artists alleging that AI-generated art infringes on copyrights held by the artists for their artwork. In one of those cases, a California federal judge recently indicated that he would dismiss the bulk of the plaintiffs’ complaint, while giving them a chance to…

As the cannabis industry matures, there will be winners and losers.  Losers lack access to the U.S. Bankruptcy Code.  Marijuana related assets cannot be sold free and clear of liens and encumbrances via the tried and true bankruptcy section 363 sale, which leaves the loser’s creditors without the best tool…

At the beginning of the pandemic, concerns were raised that trade secret misappropriation might take a new form. Indeed, with large swaths of the workforce working from home, spouses, roommates, or others living in the same area had an increased opportunity to purloin confidential information that might not have been…

  Seyfarth Synopsis: The COVID-19 pandemic and wildfire smoke shrouding the skies over the East Coast this summer have drawn more attention to indoor air quality, leading the New York City Council to propose indoor air quality resolutions.  Indoor air quality has long been a source of employee health complaints. While…

2023 has brought several states into the privacy limelight. On June 18, Governor Abbott signed the Texas Data Privacy and Security Act (“TDPSA”) into law, making the Lone Star state the eleventh in the U.S. to pass a comprehensive data privacy and security law. The Act provides Texas consumers with…

Seyfarth Synopsis: Effective June 7, 2023, New York State employers are required to comply with expanded obligations under recent amendments to New York Labor Law § 206-c, including the provision of a designated pumping location and the adoption of a lactation policy. The New York Department of Labor issued model…

Eight individuals, which included seven women and one man, sued their former employer, S&S Activewear, L.L.C. (S&S), an apparel manufacturer, for sexual harassment under Title VII. The employees alleged that S&S permitted its managers and employees to routinely play “sexually graphic, violently misogynistic” music throughout its warehouse, which, in turn,…

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we check in on the move to put adult use on the ballot in Florida. We see that Maryland is working on regulations, as July 1 draws nearer. We…

The U.S. Supreme Court has unanimously rejected the Ninth Circuit’s opinion that a poop-themed dog toy should be protected as a parody under the First Amendment. SCOTUS ruled today in Jack Daniel’s Properties Inc. v. VIP Products, Inc. that the right to free expression does not excuse “trademark law’s cardinal…

Seyfarth Synopsis: As Canadian wildfire smoke spreads across the Northern United States, employers should review the CDC/NIOSH guidance on occupational exposure to wildfire smoke and implement effective measures to protect employees.  Canadian forests continue to burn, with about 3.8 million hectares (9.4 million acres) burned at the time of this writing,…

Already stretched HR, ER, WHS and Legal teams are about to confront a (seemingly) never-ending stream of law changes that will require cross-team collaboration to operationalise. At a time when there are already broader economic and market challenges for businesses, leading employers will need to have sufficient resourcing and planning…

Seyfarth Synopsis: Companies have been following with interest the Harvard and UNC cases that address affirmative action in the context of higher education.  Both cases were argued before the Supreme Court on October 31, 2022 and rulings are expected very soon. In anticipation of the Court’s decisions, Seyfarth is highlighting…

  On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort action against a labor organization that sanctioned a work stoppage that was…

The FTC is not alone in taking aim at non-competes. Yesterday, the NLRB’s General Counsel Jennifer Abruzzo issued a memo to all regional directors, officers-in-charge, and resident officers at the NLRB stating that non-competes in employment agreements and severance agreements violate the National Labor Relations Act except in rare circumstances.…

Many in our readership will have embarked (or are embarking) upon a compliance audit of workplace entitlements. Anyone who has done so will appreciate the difficulties associated with what becomes a massive and complex task. The future will see monthly pay reviews as a matter of course rather than large…

Seyfarth Synopsis: Like the New York City Council, the New York State legislature is considering a bill to effectively abolish at-will employment. If passed, the State bill would prohibit employers from discharging employees absent good cause if the termination occurs after a mandatory probationary period.  As we discussed previously, the…