Latest Articles

The Illinois General Assembly has been working on a marijuana legalization bill this session.  The Senate Bill would protect employer rights to ban marijuana and discipline employees for use. Across the country, states are moving to legalize medical and recreational marijuana.  In states that legalize recreational marijuana, employers and drug testing services have seen significant increases in positivity rates for marijuana metabolites.  Wider marijuana use will require employers to take action to ensure safe work…
By James L. CurtisDaniel R. BirnbaumPatrick D. JoyceMatthew A. Sloan, and Adam R. Young Seyfarth Synopsis: The growth of the gig economy has transformed the modern workforce and upended traditional models for developing a workplace safety culture and worker safety training.  New and inexperienced workers confront evolving safety hazards.  Given this transformed environment, employers must address safety hazards proactively or face OSHA citations or other liability. By 2018,…
By James L. Curtis and Craig B. Simonsen Seyfarth Synopsis: A Democratic lead House subcommittee has proposed a large budget increase for both the Occupational Safety and Health Administration and the Mine Safety and Health Administration. The Democratic budget proposal would allocate more than $660.9 million for OSHA in fiscal year 2020 – around $103 million more than the Trump administration’s proposed budget for the Agency. The White House’s proposal had OSHA slated for a…
By Ashley Laken Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations Act by discharging one of its employees for posting an insidious Facebook video or by filing a defamation lawsuit against two former employees. Earlier this month, the NLRB’s Division of Advice publicly released an Advice Memorandum that it had…
By Benjamin J. Conley, Erin Dougherty Foley, Sam Schwartz-Fenwick, Megan E. Troy, Kaley M. Ventura Seyfarth Synopsis: Join us for our second Chicago Labor & Employment Breakfast Briefing of the year, “ERISA in 2019: What Employers Need To Know”. Please join our interactive panel for an exciting high level discussion which will dive into the ERISA based issues that employers in Illinois need to be aware of. Specifically, our panelists will address: The pros and cons…
By Benjamin D. BriggsBrent I. Clark, Adam R. YoungMatthew A. Sloan, and Craig B. Simonsen Seyfarth Synopsis: Compliance with industry standard for combustible dust set for September 2020.  Don’t delay, because OSHA is already citing employers using the not yet effective NFPA 652, Standard on the Fundamentals of Combustible Dust. According to a 2018 report from the Chemical Safety Board (CSB), over the previous eleven years, there were…
By Robert A. Fisher, James M. Hlawek, and Christopher W. Kelleher 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 an employee can show there are material differences between the two positions in the opportunity for compensation, or in the terms, conditions, or privileges of employment. To bring a…
By James L. Curtis, Mark A. Lies, II, Adam R. Young, and Craig B. Simonsen Seyfarth Synopsis: Health care providers are increasingly called upon to address drug resistant medical cases such as Candida auris (C. auris), an emerging multidrug-resistant fungus that presents a serious health threat to health care employees.  Health care employers need to ensure that employees are being adequately protected from potential hazards, such as C. auris. News sources are reporting mysterious…
By Sam Schwartz-Fenwick and John Ayers-Mann Seyfarth Synopsis: Today, the Supreme Court granted review to a trio of Title VII cases raising the issue of whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity.  The Court’s decision in these cases could create a federal right of action for individuals discriminated against on the basis of sexual orientation and gender identity. On April 22, 2019, the Supreme Court announced that it…
By Kyla J. Miller and Tracy M. Billows Seyfarth Synopsis: The Illinois Senate unanimously passed an all-encompassing sexual harassment bill, which hits all of the big ticket workplace sexual harassment hot topics, including imposing sexual harassment training and extensive reporting requirements, bans on non-disclosure agreements, arbitration clauses and non-disparagement clauses, and hefty penalties for non- compliance. Whether the House will now move forward with the bill is to be continued… On Thursday, April 11, 2019,…