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“But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split

Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims...more

Texas Update: Governor Abbott Issues Social Distancing Guidelines; Stops Short of Issuing a Statewide Shelter In Place Order

Seyfarth Synopsis:  In his most recent Executive Order, Governor Greg Abbott has stopped short of issuing a state wide stay-at-home order for Texas.  ...more

The Fourth Circuit Reiterates that Employers’ Exposure to Vicarious Liability is Not Boundless

Seyfarth Synopsis: The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee’s offensive speech and the individual’s workplace...more

Recent Decision Clarifies The Legal Framework For EEOC’s Pattern-Or-Practice Lawsuits Under Section 706

In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more

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