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Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

SDNY Pancakes Parties’ Attempt to Bypass Cheeks: Requires Approval of Rule 68 Settlement

Seyfarth Synopsis: The Southern District of New York recently held that parties may not settle FLSA claims without court approval through an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure....more

Money Talks: NY DOL Adopts Regulations on Employee Discussion of Wages

Seyfarth Synopsis: New regulations from the NY Department of Labor clarify employers’ ability to limit employees’ discussion of wages. The New York Department of Labor has promulgated regulations that permit employers to...more

“Believe It or Not” SDNY Grants Summary Judgment to Employer on Religious Accommodation Claim

Seyfarth Synopsis: The District Court of the Southern District of New York granted an employer’s motion for summary judgment on an employee’s failure to accommodate claims, holding that the plaintiff did not hold a bona fide...more

Third Circuit Clarifies Plaintiff’s Burden of Proof for USERRA Claims

Seyfarth Synopsis: The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively qualified for the position sought in order to meet their initial burden of...more

NLRB Assumes a Position on Employee Classification in the On-Demand Economy

Seyfarth Synopsis: By filing a complaint against Postmates, Inc. challenging their arbitration waiver, the NLRB assumed that couriers for Postmates are employees, rather than independent contractors. Earlier this month,...more

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

More Proposed Pay Changes: Bill To Restrict Employers From Asking About Salary History Introduced to the New York City Council

Seyfarth Synopsis: The New York City Council introduced a bill that would prohibit New York City employers from inquiring or relying on a job applicant’s wage or salary history. Although New Yorkers and Bostonians have...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

EEOC Revises EEO-1 Report Proposed Pay-Data Collection Rules

Seyfarth Synopsis: On July 14, 2016, the EEOC released revisions to the EEO-1 proposed rule that will require many employers to annually report pay data if approved in its current form. While the EEOC clarified certain...more

The NLRB Guards “Mixed-Guard” Units Against Withdrawn Recognition

Seyfarth Synopsis: In Loomis Armored US, Inc., 364 NLRB No. 23 (2016), the NLRB abandoned its long-established precedent from Wells Fargo Corp., 270 NLRB 787 (1984), and held that employers may not refuse to bargain with a...more

6/21/2016  /  Collective Bargaining , NLRA , NLRB , Unions

Statute of Limitations for New Jersey Law Against Discrimination Claims Cannot Be Shortened By Contract

Seyfarth Synopsis: The Supreme Court of New Jersey rules that employers may not shorten the statute of limitations for claims of discrimination under the New Jersey Law Against Discrimination via private contract. The...more

A Costly Lesson For Employers On Replacement Workers

Seyfarth Synopsis: Board panel found that long-term care facility acted for an “independent unlawful purpose” when it permanently replaced striking workers allegedly in order to teach the union and strikers a lesson and to...more

Somebody Call a Doctor!…. As a Treating Physician or Expert?

Seyfarth Synopsis: The New Jersey Supreme Court has recently held that a treating physician, who has not been designated as an expert witness, is permitted to testify as to whether a plaintiff’s medical condition qualifies as...more

Off the Record? Workplace Perils of Video Recording and Social Media

By Scott Rabe and Samuel Sverdlov Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater...more

NYCCHR Holds Public Hearing on Proposed Rules to Fair Chance Act

Today, the New York City Commission on Human Rights (“NYCCHR”), held a public hearing on the proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against...more

Arbitration Program Gets Straight AAA’s Despite Failing in JAMS

On March 1, 2016, the New Jersey Appellate Division upheld a decision to compel an employee to arbitrate her dispute with Raymours Furniture Inc. (“Raymours”) before the Arbitration Association of America (“AAA”) after JAMS...more

If Pain, Yes Gain—Part XVIII: Vermont Becomes Fifth State to Enact Paid Sick Leave Law

Vermont finally hopped on the paid sick leave bandwagon when last week, Governor Peter Shumlin signed the Vermont Paid Sick Leave Law (“Vermont PSLL”). Vermont joins Connecticut, California, Massachusetts, and Oregon as the...more

Breaking News: EEOC Holds Public Hearing on EEO-1 Pay Report: Seyfarth to Testify on Behalf of U.S. Chamber of Commerce

Tomorrow afternoon Seyfarth Shaw’s Camille Olson will testify on behalf of the U.S. Chamber of Commerce before the EEOC in public hearings on the EEOC’s proposal to expand the EEO-1 report to require employers to provide pay...more

Hacking at Employment Risks in Hackathons: Practice Insights

Employers of technology innovators should beware the employment traps and risks associated with think tank operations and retreats, such as hackathons. Hackathons are company-sponsored competitions, where either teams or...more

If Pain, Yes Gain -- Part XVII: NYC Publishes Final Amended Sick Time Rules

After months of anticipation, New York City has adopted the final amended Earned Sick Time Act Rules (the “final amended Rules”). The final amended Rules largely substantiate the requirements and compliance burdens on...more

NYCCHR Publishes Proposed Amendments to Fair Chance Act

The New York City Commission on Human Rights (“NYCCHR”) has published proposed amendments to the Fair Chance Act (“FCA”), which prohibits unlawful discrimination on the basis of criminal history against job applicants and...more

Third Circuit Allows Termination of Expired CBA Obligations

Employers scored a big victory in In re Trump Entertainment Resorts, a case of first impression in the Third Circuit, which held that a debtor-employer can terminate their obligations under an expired Collective Bargaining...more

New Jersey Supreme Court Takes on Preemption of CEPA Whistleblower Claims

On Wednesday, January 6, 2016, the New Jersey Supreme Court heard arguments in Puglia v. Elk Pipeline, Inc., on whether claims under the New Jersey Conscientious Employee Protection Act (“CEPA”) were preempted by the federal...more

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