Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al....more
The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more
8/28/2024
/ Artificial Intelligence ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Machine Learning ,
New Guidance ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Employers frequently struggle with questions around the compensability of certain activities, classification of employees, and how to structure their policies to avoid Fair Labor Standards Act violations. ...more
10/26/2023
/ Department of Labor (DOL) ,
Doffing ,
Donning ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: Plaintiffs asserting federal and state wage and hour claims in one action often pursue both class certification of state claims under Rule 23 and collective action certification under the FLSA. In that...more
Seyfarth Synopsis: Since the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, federal district courts around the country have wrestled with whether they may exercise personal jurisdiction over...more
Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers fall within the Federal Arbitration Act’s transportation worker exemption bears tremendous consequence. If they are exempt, they...more
Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more
1/9/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Conditional Job Offers ,
Disability Discrimination ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Litigation ,
Energy Sector ,
Failure to Accommodate ,
Failure to Notify ,
Hiring & Firing ,
Job Descriptions ,
Reasonable Accommodation ,
Summary Judgment ,
Termination ,
Vetting
Seyfarth Synopsis: In Sellars v. CRST Expedited, Inc. Case No. C15-117-LTS (July 15, 2019), the Northern District of Iowa held that employer responses to sexual harassment complaints need not deter harassment by other...more
8/16/2019
/ #MeToo ,
Commercial Truck Drivers ,
Complaint Procedures ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Failure To Respond ,
Freight Forwarding ,
Hostile Environment ,
Remedial Actions ,
Sexual Harassment ,
Trucking Industry