As we previously reported here, in numerous dissents issued in 2021, the National Labor Relations Board’s Chair McFerran blasted the Boeing Co. handbook and work rules standard due to her view that it was, for example, “so...more
On August 18, 2021, Local Law 2021/087 was enacted to require City human services contractors and subcontractors to enter into labor peace agreements prior to the award or renewal of a City service contract. The Local Law,...more
With the possibility of a COVID-19 vaccine on the horizon, many employers are starting to ask themselves how they’re going to handle this eventuality. Below are ten considerations for employers to keep in mind from the...more
10/8/2020
/ Americans with Disabilities Act (ADA) ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Protected Concerted Activity ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Seyfarth Synopsis: Nearly eighteen years after the Displaced Building Service Workers Protection Act was signed into law, on September 28, 2020, Mayor de Blasio signed Int. No. 2049-A into law, which establishes protections...more
Seyfarth Synopsis: Once effective, the anti-discrimination and retaliation provisions of the NYC Human Rights Law will apply to freelancers and independent contractors. In addition, independent contractors and employed family...more
10/14/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Human Rights ,
Independent Contractors ,
Labor Regulations ,
Local Ordinance ,
National Origin Discrimination ,
New Guidance ,
NYCHRL ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government
Seyfarth Synopsis: The New York City Council voted to expand the anti-discrimination and retaliation provisions of the Human Rights Law to freelancers and independent contractors. The bill is awaiting the Mayor’s signature. ...more
10/10/2019
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Domestic Violence ,
Employee Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Freelance Workers ,
Gig Economy ,
Human Rights ,
Independent Contractors ,
Leave of Absence ,
Local Ordinance ,
NYCHRL ,
Protected Activity ,
Reasonable Accommodation ,
State and Local Government
Seyfarth Synopsis: The NLRB’s Office of General Counsel has issued an Advice Memorandum stating that an employer lawfully refused a union’s information request regarding its tax cut savings during bargaining....more
Seyfarth Synopsis: In Judge v. Shikellamy Sch. Dist., No. 17-2189, 2018 U.S. App. LEXIS 27229 (3d Cir. Sep. 24, 2018), the 3rd Circuit Court of Appeals adopted a new approach to constructive discharge cases where an employee...more
Seyfarth Synopsis: Employers Continue to Labor over Pregnancy Accommodations.
Earlier this month, Plaintiff Caroline Ruiz filed suit in the Southern District of New York against her former employer New Avon LLC, contending...more
Seyfarth Synopsis: “Thank you for your email, I will be out of the office from….” New York City employers might soon be seeing a lot more of these “out-of-office” emails from their employees if a recently proposed “Right to...more
Last month, the National Labor Relations Board (“NLRB”) vacated election results from a representation election because the Board agent opened the polling for a voting session 7 minutes late....more
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: Three Republicans from the House of Representatives hailing from states with paid family and sick leave laws have sponsored the Workflex in the 21st Century Act, signaling increasing frustration with the...more
Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more
Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more
5/18/2017
/ Cat's Paw ,
Civil Conspiracy ,
Commercial Truck Drivers ,
Conditional Job Offers ,
Department of Transportation (DOT) ,
Discrimination ,
Drug Testing ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Race Discrimination ,
Trucking Industry
Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over...more
Seyfarth Synopsis: The District Court of the Southern District of New York granted an employer’s motion for summary judgment on an employee’s failure to accommodate claims, holding that the plaintiff did not hold a bona fide...more
Seyfarth Synopsis: By filing a complaint against Postmates, Inc. challenging their arbitration waiver, the NLRB assumed that couriers for Postmates are employees, rather than independent contractors.
Earlier this month,...more
Seyfarth Synopsis: Overturning decade old precedent, the Board found that temporary workers supplied by a staffing agency may be included in a bargaining unit with regular employees of a host employer without the consent of...more
Seyfarth Synopsis: The EEOC has increased penalties for failure to post notice violations under Title VII, the ADA and GINA by 150%. The increase will go into effect on July 5, 2016.
...more
Employers scored a big victory in In re Trump Entertainment Resorts, a case of first impression in the Third Circuit, which held that a debtor-employer can terminate their obligations under an expired Collective Bargaining...more