Labor & Employment Civil Remedies

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

EEOC Sues Discovering Hidden Hawaii Tours for Male-on-Male Sexual Harassment

Company PresidentSexually Harassed Male Employees for More Than a Decade, Federal Agency Charges - HONOLULU, Hawaii - Three related Hawaii tour companies -- Discovering Hidden Hawaii Tours, Inc., Hawaii Tours and...more

Testing employees for Hepatitis B - Reasonably practicable?

A recent WorkSafe New Zealand prosecution highlights the need for an employer's own health and safety policies to be implemented and followed - even if they are industry leading. Hepatitis B is a highly infectious virus...more

Take a Seat: Takeaways from Bank of America’s $15 Million Suitable Seating Settlement

As we previously blogged here, in April 2016, in Kilby v. CVS Pharmacy, Inc., the California Supreme Court ruled, without providing much guidance, that suitable seating is required “when the nature of the work reasonable...more

Opposition to Travel Ban EO Includes Tech Firms and Others

After oral arguments on February 9th, the Ninth Circuit denied the government’s request to reinstate the travel ban EO. State of Washington v. Trump. More than 135,000 people listened to the Ninth Circuit oral argument,...more

Metadata Plays Key Role in $10.8 Million Whistleblower Lawsuit Verdict: eDiscovery Case Law

Earlier this month, federal jurors awarded nearly $8 million to the former general counsel of a company who says he was fired because he blew the whistle on his company’s potential violation of a foreign bribery law. That...more

DOL’s Fiduciary Rule Still in Limbo after Trump Memo and Federal Judge’s Ruling

Last week, President Trump issued a memorandum directing the Department of Labor (DOL) to reconsider implementation of the fiduciary rule. The fiduciary rule, which widens the scope of who is considered a “fiduciary” of an...more

Ninth Circuit Upholds Temporary Block on Travel Ban

On February 9, 2017, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) unanimously upheld the temporary restraining order that halted the federal government ban on issuance of visas to, and entry of,...more

Dollar General Sued By EEOC for Sexual Harassment

Female Employee Subjected to Unwelcome Comments and Gestures by Store Manager, Federal Agency Charges - OXFORD, Miss. - Dolgencorp, LLC, dba Dollar General Stores, Inc., violated federal law when it subjected female...more

Click Here — 3rd Circuit Enforces Restrictive Covenants Tied to Electronic Acceptance of Stock Award

On February 7, 2017, the Third Circuit affirmed a partial preliminary injunction order barring two former ADP employees from soliciting customers for their new employer for one year. This decision is notable as it affirmed...more

Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long...more

The Future of Noncompetition Agreements in Massachusetts and Beyond

The landscape of employee noncompetition (noncompete) agreements is in flux: most states allow such agreements and many states have enacted legislation that governs them. In Massachusetts, the legislature has considered...more

Trump's Immigration Executive Order - Are We Back to Where We Started?

If you are confused about what is happening with President Donald Trump’s immigration Executive Order (Order), then you are not alone. PAST – What exactly is the Order? Trump signed the Order on January 27, 2017,...more

Ex-GC Awarded $8 Million For Retaliatory Firing

A California federal jury awarded Sanford Wadler, former General Counsel of Bio-Rad Laboratories, $8 million for his claims against his former employer under the whistleblower provisions of Sarbanes-Oxley (SOX) and the...more

Liquidated Damages: A Tool for Teacher Retention?

A common struggle for school districts across Wisconsin is how to attract and retain quality teachers and administrative staff. In a post-Act 10 world where districts are free to recruit the best and the brightest from their...more

Refusal to Submit to Drug Testing Requires Evidence of Intent, in Kansas Workers’ Compensation Case

An appellate court in Kansas ruled that an insufficient urine specimen, without evidence of intent to thwart the drug test, is not a refusal to submit to a test for purposes of the Workers’ Compensation Act. Byers v. Acme...more

Sheppard Mullin Travel Advisory and Immigration Update

The last two weeks in Washington have been very eventful in the immigration field. In light of the travel restrictions recently imposed by the President’s executive order, we are now advising our U.S. clients who have...more

Non-Compete News – Georgia Court Interprets Georgia's Blue Penciling Statute

It’s time to bring back FordHarrison’s Non-Compete News! And what better way to kick off 2017 than with Lifebrite Labs, LLC v. Cooksey (N.D. Ga. December 2016), Georgia’s first-ever published decision interpreting how a...more

Analyzing President Trump's Executive Order on Immigration - What it means for you, your business and your employees

On Friday, January 27, 2017, President Donald Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” that significantly changes U.S. immigration policy for at...more

Uber Scores Victory Compelling Arbitration in Wage & Hour Misclassification Suit

Just a few days after being in the news and facing consumer boycotts for allegedly seeking to profit as a result of a taxi boycott of JFK International Airport related to President Trump’s immigration Executive Order, Uber...more

Seventh Circuit Affirms FMLA Retaliation Claim Based on Employer Ending Home Working Arrangement

The Family and Medical Leave Act (FMLA) does not require employers to agree to allow employees to work from home based on medical restrictions. The Americans with Disabilities Act may require employers to provide such...more

New Rules, New Secretary? As Spring Inches Closer, We’re Getting Warmer.

Will the Department of Labor’s new overtime rule go into effect? When will a new Secretary of Labor be confirmed? We don’t have the answers just yet, but a lot has happened over the last few weeks to inch us closer. As things...more

Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement

The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act (“CFAA”) case, spinning the employee’s case against his employer on its head. The facts of Brown Jordan International, Inc. v....more

Client Alert – Executive Order Immediately Suspends Travel into the U.S. for Certain Foreign Nationals

Seyfarth Synopsis: In light of recent events related to the most recent Executive Order banning travel to the United States for nationals from certain countries, please continue reading for more detailed information regarding...more

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more

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