New Bill Seeks to Provide New York State Warehouse Workers with Additional Injury Protections

  • Post category:Seyfarth Shaw LLP
  • Reading time:7 mins read

Seyfarth Synopsis: Expanding a law enacted in 2022, New York’s legislature passed another bill that seeks to limit warehouse-related injuries by requiring employers to establish and implement an injury reduction program, evaluate certain jobs for ergonomic injury risks, correct risk factors, and provide injury reduction training. Background: New York State’s…

Governor Newsom Announces PAGA Reform

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

Seyfarth Synopsis: Governor Newsom announced that a deal has been made to reform PAGA and take the PAGA initiative off the ballot in November. The Governor’s announcement provides some highlights of what the reform package will include; however, the language of the proposed bill is expected in the coming days.…

Fair Work Week Ordinance: Cruel Summer For LA County Employers

  • Post category:Seyfarth Shaw LLP
  • Reading time:7 mins read

Seyfarth Synopsis: Are you ready for it? The record-smashing icon, Taylor Swift, may have taken her tour to Europe, but that doesn’t stop new laws from cropping up back home. The Los Angeles County Board of Supervisors passed the Fair Work Week Ordinance on April 9, 2024, which is set…

Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

  • Post category:Seyfarth Shaw LLP
  • Reading time:7 mins read

By Kristina M. Launey & Minh N. Vu Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022.  After 2022’s record-setting year for website accessibility lawsuits filed in federal court, the 2023 filings dropped by 14%.  The total number of lawsuits filed in federal…

Webinar: Developments and Strategies in the Current Landscape of DEI Programs

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

About the Program Join us for the third installment of our DEI Webinar Series: "Developments and Strategies in the Current Landscape of DEI Programs." During this third installment, Seyfarth attorneys explore common DEI programs and practices, including the effects of recent cases and developments. The webinar examines the structure and…

Webinar Jun 25, 2024: Italy, Spain and France: Current Trends and Upcoming Regulations in the European Employment Law Landscape

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

About the Program: Italy, Spain and France have seen many changes in the employment law landscape within the last year. Seyfarth’s Italy, Spain and France qualified international employment law experts, Sofia Bargellini, Ana Cid and Laurence Harvey Wood, look forward to sharing some recent developments in their upcoming 45 minute…

Ripples in the OT Waters: Considering the Downstream Effects of Reclassifying Exempt Employees

  • Post category:Seyfarth Shaw LLP
  • Reading time:8 mins read

Terry Vlisidis, Unsplash By: Kevin M. Young Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive, thoughtful planning is key for employers to navigate these waters for…

Webinar: Workplace Political Expression: Best Practices for Balancing Employee Rights and Employer Responsibilities

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

Thursday, June 13, 20243:00 p.m. to 4:00 p.m. Eastern2:00 p.m. to 3:00 p.m. Central1:00 p.m. to 2:00 p.m. Mountain12:00 p.m. to 1:00 p.m. Pacific About the Program Workplace political speech poses unique challenges for employers, particularly in a polarizing U.S. election year, and amid political demonstrations worldwide.  Employers must balance…

WEBINAR – Jun 6, 2024 – Strategic Approaches for Conducting DEIB Reviews

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

About the Program: Join Us for the second installment of our Diversity, Equity, Inclusion, and Belonging (“DEIB”) Webinar Series: “Strategic Approaches for Conducting DEIB Reviews” This micro-webinar series is designed to support employers as they navigate, refine, and enhance their DEIB programs within the current legal, societal, and cultural landscape.…

Seyfarth’s Robert Milligan and Dawn Mertineit Lead Contributions to Chambers Trade Secrets 2024 Global Practice Guide

  • Post category:Seyfarth Shaw LLP
  • Reading time:2 mins read

We are thrilled to announce the release of the Chambers Trade Secrets 2024 Global Practice Guide, a comprehensive resource providing the latest insights and legal updates in the field of trade secrets law. Authored by leading experts in the industry, including Seyfarth Shaw LLP’s very own Robert Milligan and Dawn…

FTC and DOJ Seek Public Help Identifying “Serial Acquisition Strategy” Targets

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) announced on Thursday, May 23, that they are expanding their search for businesses using “roll up” strategies to consolidate competitors and reduce competition across the U.S. economy. Previously, the agencies had primarily focused their efforts…

Colorado Governor Signs Broad AI Bill Regulating Employment Decisions

  • Post category:Seyfarth Shaw LLP
  • Reading time:11 mins read

Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.” Colorado SB 24-205 broadly covers a wide range of AI applications, including employment, and incentivizes AI risk management practices…

Maryland Amends Pay Transparency Law to Require Wage Range Disclosure in Job Postings

  • Post category:Seyfarth Shaw LLP
  • Reading time:6 mins read

Seyfarth Synopsis: Maryland Governor Wes Moore has signed into law a bill that will expand Maryland employers’ pay transparency obligations.  Effective October 1, 2024, employers must disclose in public or internal job postings a good faith wage range and a general description of benefits and other compensation offered for the…

Not Selected in the H-1B CAP? Discover Opportunities in Canada: Exploring Alternatives for Talent Retention

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

By: Rania Abboud For many highly skilled international workers, securing an H-1B visa in the United States can be elusive. With this year’s lottery results announced, employers find themselves exploring alternative strategies to retain invaluable talent. Among these strategies is the consideration of relocating talent to Canada, where a range…

Good Faith Defense Applies To Wage Statement Penalty Claims

Seyfarth Synopsis: The California Supreme Court concluded that the “good faith” defense applies to claims seeking to impose penalties under California Labor Code section 226. An employee must show that an employer’s failure to comply with section 226(a) was both knowing and intentional in order to establish an entitlement to…

A Matter of Trust – DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary

  • Post category:Seyfarth Shaw LLP
  • Reading time:15 mins read

Seyfarth Synopsis: On April 23, 2024, the Department of Labor released its latest attempt to amend its 1975 “fiduciary rule” and seven prohibited transaction class exemptions issued between 1975 and 2020 that investment advice fiduciaries have relied in connection with sales of common investment products like securities, mutual funds and…

The Corporate Transparency Act: Considerations for Special Purpose Entities in Commercial Real Estate Transactions

Special Purpose Entities in Commercial Real Estate Transactions Corporate structures in commercial real estate transactions can often be very complex and involve layers of entities. Special purpose entities that are bankruptcy remote (“SPEs”) are frequently used in commercial real estate loans to limit certain risks associated with a bankruptcy filing…

Upcoming Event! Seyfarth Privacy Salon: Roundtable on Cross-Border Data Transfers, Privacy, and Cybersecurity

AddressSeyfarth Shaw Hong Kong OfficeSuite 3701 & 3708-3710, 37FEdinburgh Tower, The Landmark15 Queen’s Road CentralCentral, Hong Kong Tuesday, 21 May 2024 (HKT)8.30 – 9.00 a.m. Check-in and Breakfast9.00 – 10.00 a.m. Roundtable10.00 – 10.30 a.m. RefreshmentsBreakfast will remain available during the roundtable CostThere is no cost to attend, but registration…

Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers Should Take Note

  • Post category:Seyfarth Shaw LLP
  • Reading time:12 mins read

Seyfarth Synopsis: On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers using or considering using artificial intelligence should pay attention. The guidance makes clear that long-standing nondiscrimination…

Key Developments In Equal Pay Litigation: Impact Of The Supreme Court’s Bostock Decision

By: Matthew J. Gagnon Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just beginning to grasp the wide-ranging impact that decision will…

Looking Past the Headlines, the Impact of the FTC’s Ban on Non-Competes in M&A, Private Equity and Venture Capital

Last week on April 23, 2024, the FTC adopted a final rule that would effectively ban non-compete agreements in the context of employment relationships when the rule becomes effective on September 4, 2024, absent a stay or injunctive relief.  The rule would render unenforceable a broad array of employment-based non-competition…

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday Litigation

Seyfarth Synopsis: In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's artificial intelligence tool under theories that the organization was acting as an employment agency, indirect…

FTC Non-Compete Ban: What You Need to Know

  • Post category:Seyfarth Shaw LLP
  • Reading time:21 mins read

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being published in the Federal Register (Effective Date).[1] As of the date of this paper, the Final Rule…

Growing Clarity: FinCEN Continues to Update Beneficial Ownership Reporting FAQs

  • Post category:Seyfarth Shaw LLP
  • Reading time:6 mins read

On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) released further guidance regarding to Corporate Transparency Act compliance (CTA) by updating and expanding the Beneficial Ownership Information Reporting Frequently Asked Questions regarding the Beneficial Ownership Information (BOI) Reporting Rule (FAQs). Importantly, the updates provide insight on BO access by…

Embracing AI in Patent Law: Navigating the USPTO’s Latest Guidance

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is committed to leveraging AI’s benefits across society while ensuring that these technologies do not…

Sunrise, Sunset: New York State 2025 Budget Brings New Paid Prenatal Personal Leave and Sunset Date for COVID-19 Paid Leave

  • Post category:Seyfarth Shaw LLP
  • Reading time:7 mins read

What You Need to Know: Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget (the “NYS 2025 Budget”) on April 20, 2024. Several leave-related topics affecting private employers are impacted by the NYS 2025 Budget. Most notably, a new paid prenatal personal leave entitlement was added to…

FTC Approves Rule Banning Non-Competes With Workers

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into non-competes with workers. The…

All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive Health Care Practices

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

On April 18, 2024, the Federal Trade Commission (“FTC”), Justice Department (“DOJ”), and the U.S. Department of Health and Human Services (“HHS”) launched an online reporting portal, HealthyCompetition.gov, for the public to report potentially unfair and anticompetitive health care practices. The online reporting portal provides examples of unfair and anticompetitive…

Seyfarth Bolsters Corporate Department with Addition of Michael Delaney in Atlanta

  • Post category:Seyfarth Shaw LLP
  • Reading time:3 mins read

ATLANTA (April 24, 2024) – Seyfarth Shaw LLP announced today the arrival of partner Michael Delaney to the firm’s Corporate department. Delaney joins Seyfarth from Bryan Cave, where he was counsel in the corporate and finance transactions group. Delaney’s multifaceted public and private company experience, along with his successful track…

U.S. DOL Releases Final Overtime Rule—Effective July 2024

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

Seyfarth synopsis: Today, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This development requires attention from virtually all employers. The DOL’s final overtime rule, Defining and Delimiting the…

SCOTUS Issues Highly Anticipated Muldrow Decision, Rejecting Heightened Harm Requirement in Adverse Action Analysis

  • Post category:Seyfarth Shaw LLP
  • Reading time:7 mins read

Seyfarth Synopsis: The United States Supreme Court issued its opinion in one of the most anticipated employment cases of this term. In Muldrow v. City of St. Louis, the Court considered whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in transfer decisions absent a separate showing…

Notable Three-Lawyer Labor and Employment Team Joins Seyfarth in California

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

LOS ANGELES (April 16, 2024) - Seyfarth Shaw LLP announced today the addition of a three-lawyer team to its labor and employment department further expanding its service offerings nationally and internationally. The trio of prominent employment litigators joins Seyfarth from Morgan Lewis & Bockius LLP. Clifford “Seth” Sethness has built…

WEBINAR – New Workplace Violence Prevention Program Requirements in California

  • Post category:Seyfarth Shaw LLP
  • Reading time:4 mins read

Apr. 17, 2024  – As most California employers are now aware, a new workplace violence law (SB 553) requires essentially all CA employers to develop and implement written Workplace Violence Prevention Plans and training by July 1, 2024. The new requirements will be enforced by Cal/OSHA. Cost  –  There is no cost to…

USCIS Again Increases Auto-Extended Work Permits for Certain EAD Renewals

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from up to 180 days to up to 540 days. On April 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a…

Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions

  • Post category:Seyfarth Shaw LLP
  • Reading time:5 mins read

Seyfarth Synopsis: On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited exceptions, would be one of the most restrictive of its kind in the country. The…