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Vote YES! for Compliance: An Election Law Refresher for California Employers

Seyfarth Synopsis: Under California law, employers have a part to play in protecting employee voting rights and other political activity. What follows is a short reminder of employer duties and obligations. With the...more

Claims to Accommodate Flying Spaghetti Monster-ism Hit the Wall in Nebraska Court

On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

After Second Thought……..North Carolina Governor Signs Executive Order Rolling Back Portions of Controversial Law

Just weeks after he signed HB 2, which covered transgender bathroom access, on April 12, North Carolina Governor Pat McCory signed an Executive Order clarifying and apparently attempting to repeal certain aspects of the law. ...more

Bathroom Bills: What Employers Need To Know

Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the...more

Beyond the Bathroom: North Carolina’s H.B. 2 Also Flushes Local Employee Protections

The recent enactment of North Carolina’s H.B. 2, known as the “Public Facilities Privacy & Security Act” (the “Act”) has received widespread attention for its controversial restrictions on the use of certain...more

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Suit Seeks To Block N.C. “Bathroom Bill”

Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination....more

What Does North Carolina's New Public Facilities Law Mean for Employers?

Approximately one week before changes to Charlotte’s non-discrimination ordinances were to take effect, the State of North Carolina enacted a law that not only invalidates the amendments, but also has broader implications for...more

Analysis of Recent Cases Reveals What Justice Garland Could Mean for Employers

Amid a swarm of controversy created by Senate Republicans’ vow to stonewall a hearing or vote on any Supreme Court nominee during this election year, President Obama has nominated Merrick Garland, chief judge of the U.S....more

The High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim

Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private,...more

Barbulescu v. Romania clarifies an employers' rights to monitor the contents of their employees' private electronic communications

On January 12, 2016, the European Court of Human Rights ("ECtHR") delivered a judgement in Barbulescu v. Romania regarding the employers' right to access their employees' private communication. Following the judgement, a...more

Trump Trump Trump Trump Trump Trump Everywhere All the Time, Including in the Workplace – What’s an Employer to Do?

Donald Trump has become part of the national conversation. Not a single day goes by now without Mr. Trump filling up at least one news cycle. His recent success reminds me of a fantastic exchange in Private Parts when a...more

The Impact of Justice Scalia’s Passing on Pending Supreme Court Cases

The country was shocked to hear of the recent passing of Supreme Court Justice Antonin Scalia. Legal scholars and political commentators have since written extensively on Justice Scalia’s contributions to the legal world and...more

Federalism “On Fleek” or Fifty Separate Fiefdoms? State Chief Justice Says Obergefell Is Not the Law in Alabama

A recent, public clash between the highest legal authorities of the United States and one of its constituent states, Alabama, illustrates the promise and the problems of this country’s unique system of dual sovereigns, known...more

All 'Jiggery-Pokery' Aside: Justice Scalia's Impact on Employment Law

Allow me to be the palate cleanser to Mitch McConnell's shotgun-wedding-esque "memoir" to Justice Scalia. Barely an hour after the Supreme Court announced Scalia's death, McConnell briefly offered his condolences to Scalia's...more

Employment Matters Monthly - February 2016

A Note from the Editors - If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional...more

Puerto Rico Supreme Court: Failure to Provide Safe, Private and Hygienic Area for Breastfeeding in the Workplace May Violate...

On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as...more

Political Apprentice At Work? You're Fired! A Guide To Surviving The Election Season At The Workplace

This presidential election cycle creates unique concerns for companies dealing with employees who wish to discuss politics at work. Regardless of what side they fall on, some of your workers could be more passionate, maybe...more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

Florida Appellate Court Finds Widow Could Independently Bring FCRA Discrimination Claim After Her Husband’s Death

On January 20, a Florida appellate court held that a personal representative can initiate a Florida Civil Rights Act (FCRA) complaint alleging discrimination on behalf of the deceased former employee. In Cimino v. American...more

Pennsylvania Court Rules Background Screening Law Unconstitutional

On December 30, 2015, the Commonwealth Court in Pennsylvania unanimously found the Older Adults Protective Services Act’s (the Act) lifetime prohibition on the ability of individuals with convictions to hold certain jobs in...more

What Does 2016 Portend for Labor and Employment Law?

What is on the horizon for labor and employment policy in 2016, the last year of the Obama administration when the president will seek to cement his legacy, and a national election year when the White House and control of...more

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