Click To Complain: Using Technology to Outsource Workplace Harassment Grievances By Rashal G. Baz, Katherine Mendez, and Chelsea D. Mesa Seyfarth Synopsis: Employers are now being presented with more options to outsource workplace complaints through third party companies and mobile apps. This may create an ease in grievance reporting for the employee, but does not necessarily shield employer liability. View Full Post
By, Jim Goodfellow and Sam Schwartz-Fenwick Seyfarth Synopsis: In a win for ERISA plan and claims administrators, the Third Circuit has affirmed the broad enforcement of a long-term disability plan’s mental or nervous limitation period. In Krash v. Reliance Standard Life Insurance Group, No. View Full Post
By Gerald L. Maatman, Jr. and Andrew Scroggins Seyfarth Synopsis: The chief legal officer of the EEOC is an important post, and one which impacts all employers interacting with the Commission. Nearly 14 months after the start of his Administration, President Trump has finally announced his choice for General Counsel of the EEOC. View Full Post
By: Christopher W. Kelleher Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of time and changed circumstances, halting the National Labor Relations Board’s efforts to issue a Gissel bargaining order against the Company. View Full Post
Forcing the Flu Shot? DOJ Sues Over Flu Policy That Requires A Note From The Clergy By Kyla J. Miller and Dawn Reddy Solowey Seyfarth Synopsis: The Department of Justice filed a lawsuit on behalf of a nursing home employee alleging she was forced to receive a flu shot to keep her job when she could not provide a note from a clergy member in support of her request, causing emotional distress that made her fear “going to Hell.” U.S. View Full Post
California Hotel Workers Musculoskeletal Injury Prevention Regulation to Take Effect July 1, 2018 By Joshua M. HendersonIlana R. Morady, Brent I. Clark, and Craig B. Simonsen Seyfarth Synopsis:  On March 9, 2018, the California Office of Administrative Law approved the new regulation that will require hotels and other lodging establishments (such as resorts and bed and breakfast inns) to implement new requirements to protect employees who perform housekeeping tasks from any “musculoskeletal injury.” The regulation will take effect on July 1, 2018. View Full Post
School Scores Summary Judgment Win In ADEA Collective Action   By Gerald L. Maatman, Jr. and Alex W. Karasik Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement System (SURS), a federal district court in Illinois granted the college’s motion for summary judgment, holding that the decision to discontinue the employment of all SURS annuitants regardless of age did not amount to discrimination. View Full Post
The “interactive process” required by the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act, is a two-way street between an employee and his or her employer.  Consistent with this mutual obligation, a federal court in Ohio recently dismissed a lawsuit filed by a former employee who refused to consider alternative pain management for his degenerative disc disease and arthritis in his neck and back. View Full Post