Latest Articles

By Jay W. Connolly, Joseph J. Orzano, and Aaron Belzer Seyfarth Synopsis:  Join us on Tuesday, September 25th, for this timely California Proposition 65 webinar that will  provide an overview of the updated warning regulations.  The webinar will also discuss the potential impact of the new regulations on enforcement trends.  Lastly, the webinar will provide strategies for businesses seeking to become compliant, as well as those looking to evaluate existing compliance plans based on the…
By Gerald L. Maatman, Jr., Michael L. DeMarino and Rebecca S. Bjork Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory.  In EEOC v. Baltimore County., No. 16-2216, 2018 WL 4472062, at *1 (4th Cir. Sept. 19, 2018), the Fourth Circuit answered this straightforward question and held that retroactive monetary awards, such…
By Gerald L. Maatman, Jr. Seyfarth Synopsis: In its recent article on leading content creators in the legal industry, Attorney at Work cited Seyfarth’s Annual Workplace Class Action Litigation Report, calling it a “best-in-show report that makes the firm synonymous with class action litigation.” Attorney at Work, a popular legal blog named in the ABA Journal’s “Blawg 100 Hall of Fame,” provides commentary with the “inspiration and information” necessary to support outstanding leading work.…
By James L. CurtisErin Dougherty Foley, Adam R. YoungMegan P. Toth, and Craig B. Simonsen Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations. Reproductive Health Hazards in the Workplace Pregnant women work in hazardous jobs across the United States and in every sector of the economy.  While employers have a general duty to protect…
By Mark A. Lies, IIBenjamin D. BriggsAdam R. Young, and Craig B. Simonsen Seyfarth Synopsis:  With Hurricane Florence bearing down on the East Coast, employers are looking at potentially huge liabilities, including employee injuries and fatalities, not to mention facility damage and rebuilding. Employers should have an Emergency Action Plan, and if they have one, they should follow it.   Introduction Authorities are closely monitoring the ongoing hurricane season as Hurricane…
By James L. CurtisAdam R. Young, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: Employment in healthcare occupations continues to outgrow all other industries, as the American population continues to age and nursing home and hospital services expand. Health care workers face a range of  safety issues, such as ergonomics, blood borne pathogens, and workplace violence. The federal Occupational Safety and Health Administration is refocusing its enforcement efforts to target…
By Mark A. Lies, IIJames L. CurtisDaniel Birnbaum, and Craig B. Simonsen Seyfarth Synopsis:  New Review Commission decision refines the definition of what OSHA must prove to establish a “Repeat” violation. On September 30, 2008, OSHA issued a citation to Angelica Textile Services, Inc., a commercial laundry, alleging ten Serious and four Repeat items. Seyfarth represented the employer, Angelica Textile Services, Inc. After the parties filed cross motions for summary judgment,…
By Joshua Henderson Seyfarth Synopsis: As of August 30, 2018, California businesses must provide the public with more information about dangerous chemicals present at the business location. Many California employers will comply with the new requirements through the Cal/OSHA-required workplace hazardous communication program. For occupational exposures that do not meet the thresholds for HazMat communications, posting new signs will meet the requirements. California’s ubiquitous Proposition 65 warnings, which warn the public at large of the presence…
By Gerald L. Maatman, Jr. Seyfarth Synopsis:  As we near the end of the U.S. Equal Employment Opportunity Commission’s (“EEOC”) fiscal year in September 2018, employers and litigators have started to notice an uptick in the Commission’s activity. Specifically, close observers have detected a rise in EEOC filings related to workplace harassment.  In today’s video, Partner Jerry Maatman of Seyfarth Shaw provides an overview of the EEOC’s fiscal year to date, and forecasts what employers…
By James L. CurtisKay R. Bonza, and Craig B. Simonsen Seyfarth Synopsis:  A railcar cleaning company and its executive officers were recently charged in a 22-count indictment with conspiracy, violating worker safety standards resulting in worker deaths, violating the Resource Conservation and Recovery Act (RCRA), and for submitting false documents to a federal agency. Nebraska Railcar Cleaning Services LLC (NRCS) employees sent workers in to railcars to scrape and remove various commodities…