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NLRB Issues Notices Of Proposed Rule Making To Codify Certain Union Election Procedures

Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the...more

SDNY Dismisses Website Accessibility Lawsuit Based On Mootness And Lack Of Personal Jurisdiction

Seyfarth Synopsis: A SDNY judge dismissed a website accessibility lawsuit finding that the company mooted the allegations in the complaint by remediating the accessibility barriers and that the Court lacked personal...more

You Can’t Always Get What You Want: Union Is Not Entitled To Employer’s Tax Cut Savings Information

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

As Effective Date For “Cooperative Dialogue” Approaches, New York City Issues Guidance

Seyfarth Synopsis: On October 15, 2018, amendments to the New York City Human Rights Law which require employers to engage in a “cooperative dialogue” with individuals with disabilities and others regarding their...more

Thinking About E-Verify? Verify With The Union First!

Seyfarth Synopsis: The E-Verify program has become a controversial topic in the political arena and throughout workplaces nationwide.  Last month, the NLRB held, amongst other things, that an employer violated the NLRA by...more

Members Of Congress Urge DOJ To Declare That Private Website Accessibility Lawsuits Violate Due Process

Responding to the surge of website accessibility lawsuits filed under Title III of the ADA, 103 members of Congress from both parties sent a letter to Attorney General Sessions urging action to stem the tide of website...more

Suffering From Withdrawal Following An Acquisition: Private Equity Company Liable For Successor Withdrawal Liability

Given the Ninth Circuit’s recent holding that successor withdrawal liability is governed by a constructive notice standard, private equity companies and other businesses seeking to acquire other enterprises should be...more

The City That Never Works (Outside Normal Working Hours): NYC Proposes Right To Disconnect Law

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

A Bronx Lobster Tale: NLRB Vacates Election Results Based On Seven Minute Delay In Voting

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

3/5/2018  /  NLRB , Union Elections , Unions , Vacated

New York City Human Right Law Imposes Stringent Accommodation Requirements for Businesses

Seyfarth Synopsis: On January 19, 2018, the New York City passed a law requiring that businesses engage in “cooperative dialogue” with individuals with disabilities and in other protected categories in the context of...more

Will the NLRB Let Employers Go Back To Conducting Confidential Investigations In The Workplace?

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

Florida Lawmakers Take Action To Curb Access Suits, But Will It Work?

Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida state courts....more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

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

Management-Side Attorney Nominated for Final Seat on NLRB

Seyfarth Synopsis: President Trump has nominated a candidate for the final remaining vacancy on the five-member National Labor Relations Board, who, if confirmed, would give the Republicans a 3-2 majority on the NLRB. ...more

The Baton Passes Back to the East Coast: Prior Salary Ban Passed in Delaware and Philadelphia Law Suit Challenging Prior Salary...

Seyfarth Synopsis: There have been two big updates on the prior salary front. First, Delaware joins the growing number of states and local jurisdictions with its enactment of a law preventing employers from requesting salary...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

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

SDNY Pancakes Parties’ Attempt to Bypass Cheeks: Requires Approval of Rule 68 Settlement

Seyfarth Synopsis: The Southern District of New York recently held that parties may not settle FLSA claims without court approval through an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure....more

Money Talks: NY DOL Adopts Regulations on Employee Discussion of Wages

Seyfarth Synopsis: New regulations from the NY Department of Labor clarify employers’ ability to limit employees’ discussion of wages. The New York Department of Labor has promulgated regulations that permit employers to...more

“Believe It or Not” SDNY Grants Summary Judgment to Employer on Religious Accommodation Claim

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

Third Circuit Clarifies Plaintiff’s Burden of Proof for USERRA Claims

Seyfarth Synopsis: The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively qualified for the position sought in order to meet their initial burden of...more

NLRB Assumes a Position on Employee Classification in the On-Demand Economy

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

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

More Proposed Pay Changes: Bill To Restrict Employers From Asking About Salary History Introduced to the New York City Council

Seyfarth Synopsis: The New York City Council introduced a bill that would prohibit New York City employers from inquiring or relying on a job applicant’s wage or salary history. Although New Yorkers and Bostonians have...more

NLRB Tells Employers to Mind their Own Business

Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

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