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…
By Adam R. Young, Jennifer L. Mora, and Craig B. Simonsen Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana. Impairment and related safety hazards have been disrupting the workplace resulting in lost time, absenteeism,…
Minnesota is joining the growing list of state legislatures targeting non-compete agreements, and doing so with one of the most aggressive laws in the nation on the subject. Included as part of the Senate Jobs and Economic Development and Labor Omnibus Budget Bill (S.F. 3035), the newly-enacted Minn. Stat. Section…
Seyfarth Synopsis: Businesses with arbitration programs often oppose the issuance of notice in FLSA collective actions on the ground that many potential recipients have binding arbitration agreements precluding them from participating in a case. The majority of federal appellate courts have not yet addressed whether arbitration must be addressed…
Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair Employment and Housing Act (FEHA) prohibition on disability discrimination. Hodges v. Cedars-Sinai Medical Center. The…