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But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Employment Practices Newsletter - May 2016

Department of Labor's Persuader Rule Convinces No One - The Department of Labor's controversial Final Rule on Persuader Reporting became effective April 25, 2016. The Rule significantly strengthens a union's rights under...more

April 2016: Five Biggest Labor And Employment Law Stories

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, here is a quick review of the five biggest stories from last month that all employers...more

Ninth Circuit Adopts California Rule Voiding Arbitration Provisions Barring Certain Representative Claims

In recent decisions, both the Court of Appeals for the Ninth Circuit and the California Supreme Court have held that arbitration clauses barring employees from pursuing class actions in arbitration are unenforceable with...more

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

All employers should examine their use of labor and employment service providers to mitigate unwanted disclosure of fees paid to such providers. To protect confidentiality and the integrity of the attorney-client...more

Public Employer May Not Retaliate Against Employee Based on Perception that He Engaged in Political Activity

On Tuesday the U.S. Supreme Court held that a public employee could sue his employer for retaliation where the employer demoted him for engaging in constitutionally-protected political activity, even though the employer was...more

Supreme Court Expands First Amendment Protections For Public Employees

On April 26, 2016, the United States Supreme Court ruled that when a public employer demotes an employee out of a desire to prevent that employee from engaging in First Amendment protected activity, the employee can challenge...more

Supreme Court: Government Employer’s Incorrect Belief About Employee’s Activity Matters in First Amendment Analysis

A government employer can violate an employee’s constitutional rights by acting based on incorrect information that, if true, would violate the U.S. Constitution, even though the employee was not actually exercising his or...more

Supreme Court Update: Bank Markazi V. Peterson (14-770) And Heffernan V. City Of Paterson (14-1280)

After the deluge of cases last week, the Court took a breather and issued only one decision this week. However, eagle-eyed Update aficionados may remember that we still owe you one decision from last week. With that in mind,...more

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

Perception Is Everything: Supreme Court Expands First Amendment Protections for Public Employees

In a decision that may expand the "zone of interest" protected by the First Amendment via 42 U.S.C. §1983, the Supreme Court in Heffernan v. City of Paterson, strengthened free speech rights for public employees by holding a...more

The Supreme Court – April 2016 #4

The Supreme Court of the United States issued a decision in one case on April 26, 2016: - Heffernan v. City of Paterson, No. 14-1280: Petitioner Jeffrey Heffernan was a police officer in Paterson, New Jersey. Heffernan...more

Supreme Court Decides Heffernan v. City of Paterson

On April 26, 2016, the Supreme Court decided Heffernan v. City of Paterson, No. 14-1280, holding government employees who are demoted because their employer believes they are engaging in constitutionally protected political...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

Perceived Political Expression Protected By First Amendment, Supreme Court Says

In a 6-2 decision, the Supreme Court today held that the First Amendment of the U.S. Constitution protects both actual and perceived political speech and expression by public employees. The unsurprising decision squares with...more

Schilling Firing: Can You Fire An Employee for What They Say on Social Media?

This week ESPN fired pitcher-turned-broadcaster Kurt Schilling for an allegedly offensive tweet about the recently passed law in North Carolina requiring persons to use the restroom associated with the sex of their birth. As...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

Court sets aside portions of Oklahoma's new workers' comp law

It has been just over two years since Oklahoma’s completely overhauled workers’ compensation system went into effect. Since then, various provisions have come under attack by employees. Shortly after the effective date, the...more

No General Jurisdiction Over Out-of-State Firms Registering to Do Business in Delaware

The Delaware Supreme Court ruled yesterday that out-of-state corporations no longer would be subject to general personal jurisdiction in Delaware merely because they had registered to do business in Delaware. In making that...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

The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

Behind the scenes a quiet war is raging. A war pitting local sovereignty, on one hand, against a Depression-era law intended to help those working on state and local public works projects, on the other....more

From The Jaws Of Defeat, Public Unions Snatch Lucky Victory

For many years, unions representing public employees in a variety of states have continued to require employees to pay union dues even if they have an objection to certain political, lobbying, or other activities the unions...more

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