Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more
1/11/2024
/ Adverse Employment Action ,
Burden-Shifting ,
But For Causation ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Retaliation ,
Termination ,
Wrongful Termination
Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more
12/19/2023
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Corporate Counsel ,
Disability Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Hiring & Firing ,
Interactive Process ,
Rehabilitation Act ,
Workplace Hazards ,
Wrongful Termination
Seyfarth Synopsis: In a case of first impression, the California Supreme Court decided FEHA claims can be litigated directly against certain agents of an employer. Raines v. U.S. Healthworks Medical Group....more
Seyfarth Synopsis: California Labor Code section 1102.5 protects employees who disclose what they believe to be violations of the law. The Supreme Court of California has ruled that such disclosures are protected even if the...more
5/31/2023
/ Adverse Employment Action ,
Anti-Retaliation Provisions ,
California ,
DLSE ,
Employment Litigation ,
Hiring & Firing ,
Labor Code ,
Labor Law Violations ,
Labor Standards Enforcement ,
State Labor Laws ,
Unpaid Wages ,
Whistleblower Protection Policies ,
Whistleblowers
Seyfarth Synopsis: In a published decision, a California Court of Appeal has ruled that a hospital’s decision to terminate an employee for failing to comply with its flu vaccine mandate did not violate California’s Fair...more
5/23/2023
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Healthcare Workers ,
Hiring & Firing ,
New Guidance ,
State Labor Laws ,
Vaccinations
Seyfarth Synopsis: Two new California laws are set to significantly affect the entertainment industry: one will deal a giant blow to productions and studios accustomed to hiring independent contractors; the other will give...more
12/13/2019
/ Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Graphic Designs ,
Hiring & Firing ,
Independent Contractors ,
Journalists ,
Labor Code ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Photographs ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wages
Seyfarth Synopsis: The California Supreme Court held that the Labor Management Relations Act does not preempt claims under the Labor Code where a defense requires little more than referring to a collective bargaining...more
5/1/2019
/ Appeals ,
Arbitration ,
CA Supreme Court ,
Collective Bargaining Agreements (CBA) ,
Contract Interpretation ,
Employment Litigation ,
Hiring & Firing ,
Labor Code ,
Labor-Managment Relations Act ,
Motion to Compel ,
Preemption ,
Reversal ,
Section 201 ,
Section 301 ,
Trial Court Orders ,
Unions ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: In Nakai v. Friendship House Association of American Indians, Inc., the California Court of Appeal considered whether marital disputes that spill into the workplace trigger FEHA’s marital status protections...more