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Caught at the Red Light: Challenge to Ordinance Granting On-Demand Drivers the Right to Bargain Collectively is Brought to a...

By: Alison Loomis, Esq. Seyfarth Synopsis: A challenge to Seattle’s first-of-its-kind ordinance, which established the right for on-demand drivers to collectively bargain, was dismissed by a Washington federal court on the...more

Minister or Not? Gay Bias Case Turns on Employee’s Role

Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination. The church sought...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Religious Institutions Update: August 2016

When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more

Lessons in dealing with an “equal opportunity” harasser

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

As we previously reported, there are five pending lawsuits challenging the U.S. Department of Labor’s new fiduciary rule. Our Client Alert on the new rule outlines the significance of the rule and the implications of the...more

Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?

Seyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the...more

New Decision Allows Employee Suit for Violation of Concealed Handgun Law

Texas and many other states in the South have passed state laws in recent years restricting employers from terminating employees who keep their lawfully-licensed concealed handgun locked in their vehicle. For the most part,...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

Recognizing and Managing Disparate Impact Issues

The law recognizes two forms of unlawful discrimination. The most familiar is disparate treatment, in which an employee’s protected class status is a motivating factor in an adverse employment action. A less familiar, and...more

There Are Limits to Connecticut’s Employee Free Speech Law

It has long been recognized as a matter of federal constitutional law that public employees cannot be deprived by the government of their right to freedom of speech protected by the First Amendment, even though the government...more

Conservative Expression May Be Unlawful Harassment, EEOC Says

Is wearing a “Don’t Tread on Me” cap to work a form of racial harassment? According to the Equal Employment Opportunity Commission, it could be, even though the EEOC acknowledges that the Gadsden Flag “originated in the...more

Case Note: Fifth Circuit Interprets "Vested" and "Accrued" For Governmental Pension Benefits

Jim Griffin In a decision issued on July 1, the United States Court of Appeals for the Fifth Circuit considered whether changes that were made to the City of Fort Worth pension plan violated the Texas constitution’s...more

Taxpayer Suit Establishes that School Board Policies Have the Force of Law

On July 20, 2016, the Illinois Appellate Court reversed the decision of the circuit court in Veazey v. Rich Township High School District 227, et al. and sent the case back to the circuit court with instruction that Mr....more

July 2016: Appellate Update

The Effects of an Eight-Justice Supreme Court. Since Justice Scalia’s passing in February, the Supreme Court has operated with only eight justices, and it will continue to do so for as long as the Senate declines to consider...more

Cert. Petition Seeks to Clarify “Public Official” Under New York Times v. Sullivan

More than 50 years ago, the Supreme Court issued its foundational First Amendment decision New York Times v. Sullivan. The Court held in Sullivan that the First Amendment protects all published statements about public...more

Managing Politics and Social Issues at Work

This is a time of intense politics and troubling news. The headlines – and the strong feelings they generate – inevitably affect the workplace. Managers and HR professionals often end up moderating political arguments and...more

Politics in the Workplace: What Must Employers Allow?

Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and...more

A Tale of Two Decertification Motions

The Seventh and Eighth Circuits both addressed motions to decertify classes the week of July 5—with divergent results.  These cases illustrate the deference afforded district courts’ class certification determinations.  Both...more

ERISA Fiduciary Rules: Court Challenges and Considerations for Employers

Employers and their financial advisors should consider enacting a multi-step plan amid anticipation that the proposed ERISA Fiduciary Rules turn effective. Last month, several business groups filed a complaint in the...more

OSHA Postpones Its New Workplace Injury and Illness Reporting Rule in the Face of Scrutiny and a New Lawsuit

Over the past few months, we have published articles related to the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) publication of amendments related to its workplace injury and illness...more

OSHA Delays Enforcement of its New Anti-Retaliation Provisions until November 1, 2016

There have been significant developments impacting the portions of OSHA’s new work-related injury and illness rule scheduled to become effective on August 10. As our July 7 alert explained, the new requirements include, among...more

OSHA Ban on Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing Programs Delayed

The date for implementation of OSHA’s ban on two programs – Incident-based Safety Incentive and Routine Mandatory Post-incident Drug Testing – has been set back from August 10, 2016, to November 1, 2016, as a result of motion...more

Busting Employment Law Myths

Employment lawyers get to hear lots of great stories and lots of client opinions. That’s part of why we love our jobs. Many of the stories describe goofy or inappropriate employee behavior – and some include goofy or...more

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