Law School Toolbox Podcast Episode 298: Listen and Learn -- The Dormant Commerce Clause
In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more
In 2016, the City of Los Angeles enacted a detailed fair chance hiring ordinance. A comprehensive statewide law followed in 2017. Soon, employers with jobs located in the unincorporated areas of the County of Los...more
Use of telehealth services has surged since the COVID-19 pandemic; however, this increase in use does not come without limitations. Telehealth providers are subject to regulations, which differ by state, that govern various...more
Experienced litigators are familiar with the tension between the federal legal system’s policy favoring liberal pretrial discovery into all relevant matters and the countervailing policy forbidding discovery that is...more
Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more
You may have heard the half-serious joke that California acts as its own independent country. One example of this is California’s strong disfavor of non-compete agreements, which stands in contrast with the rest of the...more
The answer to this question is unclear, and federal courts continue to disagree. The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with disabilities, so long...more
The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more
Every first-year law student learns two ways that a court can have jurisdiction over a corporate defendant. If the defendant has "minimum contacts" with a state, and the plaintiff's injuries arise out of those contacts, then...more
On June 29, 2023, the Supreme Court upended the standard for the accommodation of employee religious beliefs and practices that have been relied upon by employers since 1977. Under Title VII of the Civil Rights Act of...more
Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey...more
How much burden must a company demonstrate before it is relieved of the obligation to accommodate an employee’s religious beliefs in the workplace under Title VII of the Civil Rights Act of 1964? On June 29, 2023, the Supreme...more
On June 29, 2023, the U.S. Supreme Court issued a rare unanimous ruling in Groff v. DeJoy, and set a higher standard for employers to meet when denying religious accommodations under Title VII of the Civil Rights Act of 1964...more
Employers now have a higher hurdle to clear when determining whether an employee’s religious accommodation request would cause an undue burden on their business. A mail carrier argued that it was too easy for his employer to...more
“So, you’re telling me there is a chance” is the iconic line from the 1994 blockbuster movie “Dumb and Dumber” starring Jim Carey (as “Lloyd Christmas”) and Lauren Holly (as “Mary Swanson”). In the film, Lloyd is enamored...more
Seyfarth Synopsis: Accommodation requests continue to vex employers as they attempt to balance an employee’s religious beliefs with the overall needs of the business operations. But try they must....more
Religious accommodation cases continue to vex employers. Especially since the rise of COVID-19, employers have had to face a rising tide of employee claims that their religious beliefs entitle them to an exemption from...more
Picture the following scenario: An employee engages in misconduct at work that results in suspension pending investigation and would normally probably end in termination. But at the time of the suspension, the employee...more
Decisions, decisions. Can you require that your employees get a COVID-19 vaccine, and if you do, can you make the employees tell you their vaccination status? This is not an easy answer and may be more complicated given the...more
Attorneys Tracy Walsh, Julie Kinkopf, and Keanna Seabrooks will discuss what employers need to know about COVID-19 vaccine mandates. They will answer frequently asked questions including: The Biden Administration's newly...more
The Court of Appeal (Birss LJ, Floyd LJ and Phillips LJ) handed down its judgment in Fibrogen v Akebia on 24 August 2021, overturning Arnold LJ (another Court of Appeal judge) on his judgment on insufficiency when sitting at...more
Welcome back to the Law School Toolbox podcast! In today's episode from our "Listen and Learn" series, we're focusing on the Dormant Commerce Clause, also known as the Negative Commerce Clause. We previously discussed the...more
Which comes first: the chicken or the egg? Oh, sorry, wrong question. Which comes first: the business communication platform or the ability to preserve, collect, and produce communications from that platform during...more
The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental...more