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U.S. Supreme Court Rules WARN Claimants/Workers Must Get Priority Over Other Unsecured Creditors In Bankruptcy

Seyfarth Synopsis: A bankruptcy court overseeing an employer’s Chapter 11 bankruptcy proceeding allowed the employer to pay certain unsecured creditors before paying Worker Adjustment And Retraining Notification Act (“WARN”)...more

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior...more

The Supreme Court - March, 2017 #2

The Supreme Court of the United States issued decisions in three cases today: SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 15-927: Petitioner SCA Hygiene Products Aktiebolag (“SCA”) brought a...more

Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure...

Ohio courts have recently weighed in on a hotly litigated issue related to procurement of background checks on current or prospective employees: do employees have standing to sue employers where the employer fails to provide...more

UPDATE: Federal Judge in Hawaii Temporarily Freezes New Executive Order on Immigration

On March 15, 2017, a federal judge in Hawaii froze President Trump’s March 6, 2017 executive order. The ruling suspends the executive order just one day before it was set to go into effect on March 16, 2017. ...more

The Prop 206 Saga Continues: Arizona Supreme Court Unanimously Rejects Constitutional Challenge

Last December, I wrote about a lawsuit before the Arizona Supreme Court challenging Proposition 206, the minimum wage and paid sick time referendum that instantly raised the Arizona minimum wage to $10 per hour and created a...more

Employment Law - February 2017

Ninth Circuit Sends Employment Dispute to Arbitration - Why it matters - The U.S. Court of Appeals for the Ninth Circuit sent an employment dispute to arbitration, reversing a denial of the employer's motion to...more

Bare Statutory Violation of FCRA Fails to Satisfy Standing Requirements Post-Spokeo, Says District of New Jersey in Suit Over...

Michaels escaped a potential class action alleging Fair Credit Reporting Act (“FCRA”) violations late last month when a federal judge found the United States Supreme Court’s recent decision in Spokeo, Inc. v. Robbins, 136 S....more

Tenth Circuit Upholds Discharge of Employee in Safety-Sensitive Position Who Tested Positive for Cocaine

On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine...more

9th Circuit Refuses to Stay Nationwide Injunction Against Enforcement of Trump Immigration Order While Government Appeals

On February 9, 2017, the Court of Appeals for the Ninth Circuit affirmed the U.S. District Court’s Temporary Restraining Order prohibiting nationwide enforcement of key portions of the immigration Executive Order issued on...more

Ninth Circuit Refuses to Vacate TRO on Trump’s Immigration Order

Late yesterday, in the case of Washington v. Trump, No. 17-35105 (9th Cir. Feb. 9, 2017), the U.S. Court of Appeals for the Ninth Circuit issued a “per curiam” opinion, which refused to vacate the temporary restraining order...more

President's Immigration Ban Remains Blocked

Federal Appeals Court Rejects Government Bid To Reinstate Travel Ban - After hearing an emergency oral argument late Tuesday, the 9th Circuit Court of Appeals agreed with a lower federal court judge and late today upheld...more

A Cautionary Comment on PAGA (or Plaintiffs’ Attorneys Getting Around) Legislative Intent

Seyfarth Synopsis: Sometimes, plaintiffs’ attorneys have circumvented a key aspect of the California Legislature’s intent in enacting PAGA: limiting standing to pursue penalties for Labor Code violations to those employees...more

Is EEOC Regulation of Wellness Plans Legal? — Seventh Circuit Declines to Say Yes

The Seventh Circuit has stymied an EEOC attempt to declare that employer wellness plans violate the Americans with Disabilities Act (“ADA”). The court decided that the issues raised by the suit are moot, and deferred to...more

Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan

Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...more

Public Sector Employees in Three States Sue to Nix Fair Share Fees

Four Pennsylvania school teachers, two Santa Clara Valley Medical Center pharmacists, and three New York school workers have filed separate suits challenging the constitutionality of state requirements permitting the unions...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Medical Group Practice Can Once Again Employ PTs and PTAs

In December 2016, the South Carolina Supreme Court denied a petition for re-hearing, resolving a long standing dispute and allowing medical practices to employ directly physical therapists (“PTs”) and physical therapist...more

First District Court of Appeal Speaks Again on Vested Rights as It Upholds the Constitutionality of PEPRA's Elimination of...

On December 30, 2016, Division Three of the First District Court of Appeal (“DCA”) issued a unanimous published decision in Cal FIRE Local 2881, et al. v. CalPERS, et al. (Dec. 30, 2016, A142793) (“CalFIRE Decision”)...more

Insight: UK Employment Law Round-up – December 2016

Welcome to the December edition of our employment law round-up. In this edition, we couldn't fail to give you an update on the most important piece of constitutional litigation of our time, which has been heard by the Supreme...more

California UCL Standing Requirement — On This You Can Rely

The California Court of Appeal recently confirmed, in case there was any doubt, that plaintiffs must allege (and ultimately prove) actual reliance to adequately state a fraudulent prong Unfair Competition Law claim (Cal. Bus....more

The Supreme Court’s New Church Plan Cases — How They Might Affect ERISA Litigation Generally

Seyfarth Synopsis: The Supreme Court’s grant of certiorari in three Church Plan cases presents the possibility that many Church Plans thought for years to be exempt from ERISA rules, including its funding rules, will now have...more

Don’t Read This: 2016 Workplace Law Year In Review

Reverse psychology isn’t the only explanation for the title of this article (although, if you’ve made it this far, it seems to have worked). No, another explanation is that 2016 was a very rough year for employers when it...more

What’s Next After First District Court of Appeals’ Vested Rights Decision in MAPE v. MarinCERA?

On Aug. 17, 2016, Division Two of the First District Court of Appeal issued a unanimous published decision in MAPE et al. v. MarinCERA, et al. (Aug.17, 2016, A139610) upholding the constitutionality of certain aspects of the...more

Causation Counts: Strategic Use of Summary Judgment Post-Spokeo

Early scorecards in the aftermath of the U.S. Supreme Court’s decision in Spokeo Inc. v. Robins all note high marks in the plaintiffs’ column, especially at the motion to dismiss stage. Emboldened by these decisions,...more

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