#WorkforceWednesday: COVID-19 Executive Actions, Right-to-Sue Notices, and Liability Shields
#WorkforceWednesday: Guidance for Critical Infrastructure Workers; OSHA Reporting Guidance; EEOC Update - Employment Law This Week®
Timing really does matter. In a “first of its kind” decision arising from a Pennsylvania meatpacking plant and its COVID response, a federal appeals court has severely limited when a private person may sue for alleged OSHA...more
The U.S. District Court for the Southern District of Georgia, applying Georgia law, has held that a prior knowledge exclusion bars coverage as a matter of law because the insured should have known that a failure to comply...more
The United States District Court for the Northern District of Georgia, applying Georgia law and revising its prior summary judgment order, has held that a restaurant is not entitled to coverage under a...more
On September 27, 2021, Governor Newsom signed Assembly Bill 1033 (AB 1033), which provides that employers must grant eligible employees up to 12 weeks of job-protected time off from work annually for the purposes of providing...more
In 2020, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) confirmed that when a claim for constructive dismissal is based on harm sustained due to harassment and bullying in the workplace, the claim falls within...more
Similar to 2019, in 2021, the Nevada Legislature passed several bills implicating employment issues for both private and public employers. High level summaries of the relevant provisions of these bills and their effective...more
On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims...more
On May 10, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued a notice that, effective immediately, case closure documents will be issued solely through the EEOC’s Portal and will no longer be sent to parties...more
This case involved a dispute between Bruce Melton and his former employer, Pavilion Behavioral Health System, for unlawful discharge after a routine background check revealed Melton’s criminal convictions....more
COVID-19 interrupted business operations around the country. Furloughs, terminations and other cost-driven measures resulted in the separation of employees from businesses under unfavorable circumstances, which in turn...more
Welcome to #WorkforceWednesday, a quick-browse rundown featuring Employment Law This Week® and other resources. This week, President Trump signs executive actions for COVID-19 relief and states across the country enact...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
The EEOC has started issuing right-to-sue letters again. The Equal Employment Opportunity Commission announced this week that it had resumed issuing "right-to-sue" letters. Issuance of the letters, which give charging...more
Seyfarth Synopsis: On August 3, 2020, the EEOC announced in a press release that it will resume issuing charge closure documents, or “Notices of Right to Sue.” The Commission had previously suspended issuing closure documents...more
In an emailed statement from Spokeswoman and Director of Communications Kimberly Smith-Brown, the Equal Employment Opportunity Commission (EEOC) recently confirmed that it has stopped issuing right-to-sue letters in an effort...more
Welcome to #WorkforceWednesday. This weekly newsletter provides you with a cost-free, convenient way to quickly browse the most significant news impacting your workforce. Watch the week’s top workforce management and...more
Employers that are already perplexed by the long time it takes the EEOC to complete investigations will now have even longer to wait for the conclusion of discrimination charges. Earlier this week, the EEOC announced that due...more
According to a news report published by Reuters, the Equal Employment Opportunity Commission ("EEOC") has stopped sending Right to Sue letters ("RTS") to complainants for the duration of the COVID-19 pandemic. ...more
The EEOC has announced that it has temporarily stopped issuing right-to-sue letters for the foreseeable future due to the COVID-19 pandemic unless a charging party specifically asks the agency to issue the notice....more
On Tuesday, April 7, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) formally announced that it is suspending the issuance of right-to-sue notices—unless requested to do so by a charging party—due to the...more
Under Missouri law, a request for accommodation cannot serve as the basis for a retaliation claim. Last month, the Supreme Court of Missouri issued a unanimous opinion in Lin v. Ellis, No. SC97641, 2020 WL 203145, at *5, —...more
In its opinion in Paul Cheatham I.R.A v. The Huntington National Bank, issued on August 22, 2019, the Ohio Supreme Court held that, absent an express assignment of claims, purchasers of distressed bonds do not have a right to...more
Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. ...more
The EEOC settled a lawsuit challenging its issuance of some 54 “Right to Sue” notices involving BNSF Railway. Law 360 reports that the case settled when the EEOC agreed to set aside the Right to Sue notices. BNSF sued the...more
The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a...more