Seyfarth Synopsis: On April 7, 2020, the Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued its updated COVID-19 Essential Services FAQs, providing more details on what is and what is not...more
4/8/2020
/ ABC Test ,
Employee Benefits ,
Employee Definition ,
Employer Liability Issues ,
Essential Functions ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Payroll Taxes ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Pursuant to Governor Baker’s Emergency Order regarding COVID-19 issued Monday, March 23rd, the Commissioner of the Massachusetts Department of Public Health (“DPH”) issued a two-part Public Health Advisory...more
Seyfarth Synopsis: On March 24, 2020, the U.S. Department of Labor (DOL) released a Q&A document which provides important information regarding the Families First Coronavirus Response Act (“FFCRA”), as well as a Fact Sheet...more
3/25/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Paid Leave ,
Public Health Emergency ,
Quarantine ,
Relief Measures ,
Sick Leave ,
Wage and Hour
Seyfarth Synopsis: On Monday, March 23, 2020, Governor Baker announced increased COVID-19 restrictions on Massachusetts businesses and residents. ...more
Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and...more
Seyfarth Synopsis: On January 29, 2019, the Massachusetts Supreme Judicial Court held that the failure to grant a lateral transfer may be the basis of a discrimination claim under Massachusetts anti-discrimination law where...more
Seyfarth Synopsis: While we await the proposed regulations due by March 31, 2019, the new Department of Family and Medical Leave has provided several points of clarification of which employers should be aware, as we gear up...more
Seyfarth Synopsis: Though the NLRA provides robust protections for striking employees, the Board’s decision in Consolidated Communications demonstrates some of the limits of those protections. On October 2, 2018, the NLRB...more
Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of...more
3/19/2018
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Corporate Counsel ,
Holiday Pay ,
Labor Law Violations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Organizers ,
Wage and Hour
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more
Seyfarth Synopsis: On November 13, 2017, the Department of Transportation amended its drug testing program regulation which, among other things, adds certain semi-synthetic opioids to its drug testing panel.
...more
Seyfarth Synopsis: On October 11, 2017, the Chicago City Council passed an ordinance that will require Chicago hotels to provide certain staff with “panic buttons” and develop enhanced anti-sexual harassment policies....more
Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more
10/3/2017
/ Best Practices ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facial Recognition Technology ,
Legislative Agendas ,
Pending Legislation ,
Personal Data ,
Popular ,
Prior Express Consent ,
Privacy Laws ,
Risk Management ,
Standard of Care ,
State Data Breach Notification Statutes
Seyfarth Synopsis: After this week’s Senate confirmation, William J. Emanuel becomes the fifth member on the National Labor Relations Board and creates a 3-2 Republican majority. But employers must still play the waiting game...more
Seyfarth Synopsis: On June 27, 2017, Arizona released a Notice of Supplemental Proposed Rulemaking interpreting and enforcing its new paid sick leave law, which goes into effect July 1, 2017....more
Seyfarth Synopsis: At yesterday's client symposium, “First 100 & Beyond: Strategy & Planning Summit for Businesses,” Brad Livingston offered insight into the state of the National Labor Relations Board under the Trump...more
Seyfarth Synopsis: On May 17, 2017, a panel of judges on the Commonwealth Court of Pennsylvania struck a second blow to Pittsburgh’s Paid Sick Days Act, leaving the Act’s future in serious jeopardy. ...more
Seyfarth Synopsis: The Illinois General Assembly will consider the proposed Healthy Workplace Act which, if passed into law, will require most Illinois employers to provide paid sick leave to their employees....more
Seyfarth Synopsis: The NLRB held that American Medical Response of Southern California (“AMR”) did not violate an employee’s rights during a police investigation of an EMT’s gun violence threat by not providing the EMT with a...more
Seyfarth Synopsis: Federal court denies motion for conditional certification for a proposed class of employees working at separate Subway franchises.
Earlier this year, the DOL’s Wage-Hour Division issued a...more
Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more
8/27/2016
/ Collective Bargaining ,
Colleges ,
First Amendment ,
Graduate Students ,
Jurisdiction ,
NLRA ,
NLRB ,
Religious Schools ,
Students ,
Unions ,
Universities
Seyfarth Synopsis: The NLRB ruled that students who work as teaching assistants at colleges and universities are “employees” under the NLRA and are thus permitted to engage in collective bargaining.
On August 23, 2016,...more
Seyfarth Synopsis: On June 27, 2016, a federal district court in Lubbock Texas issued a nationwide preliminary injunction preventing the Department of Labor’s new persuader regulations from taking effect this July 1,...more
6/29/2016
/ Access to Legal Counsel ,
Attorney-Client Privilege ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fifth Amendment ,
First Amendment ,
Imminent Harm ,
Likelihood of Success ,
LMRDA ,
Persuader Rules ,
Preliminary Injunctions ,
Reporting Requirements ,
Undue Burden ,
Unions
Seyfarth Synopsis: Maryland Governor Hogan has signed into law a new pay equity bill that strengthens protection against pay discrimination in the workplace, and prohibits employers from providing less favorable employment...more
Seyfarth Synopsis: NLRB claims that employers violate Section 8(a)(1) of the NLRA by misclassifying employees as independent contractors, thereby restraining and coercing employees in the exercise of their rights guaranteed...more