Seyfarth Shaw LLP

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By Abigail Cahak and Noah Finkel Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be performed,” so long as they are performed “contemporaneously with the duties involving direct service or for a reasonable time immediately before or after” direct service. For about a decade, restaurant employers have faced…
By Mark A. Lies, II,  Adam R. Young, and Daniel R. Birnbaum Seyfarth Synopsis: The flu and cold season is now approaching. Employers face concerns about how to respond to highly infectious diseases when an employee reports such illness. Seasonal illnesses have the potential to infect employees and shut down operations because of employee absence due to illness. Employers must consider methods to keep their employees healthy and productive while not running into…
By John Ayers-Mann and Patrick J. Bannon Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the proffered reasons to survive summary judgment. A recent Eleventh Circuit decision illustrates that Plaintiffs in discrimination cases face a difficult path to trial. Hornsby-Culpepper pointed to the fact that male employees were given raises around…
By Randel K. Johnson Seyfarth Synopsis: Seyfarth Shaw’s Government Relations and Policy Group invites you to join Senior Political Strategist for the U.S. Chamber of Commerce, Scott Reed, for a post-midterm election analysis and a discussion on what to expect going forward. Scott Reed is a well-known figure in Washington, D.C.’s corridors of power and was recently named by Politico Magazine as one of the top “Politico 50” ideas changing politics and the people behind them. He has…
By Paul Galligan and Ryan B. Schneider  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 alleges coerced resignation in lieu of disciplinary proceedings. Background Plaintiff Holly Judge, a tenured school principal in Shikellamy School District, resigned after she was arrested for driving while intoxicated. The…
By Paul Galligan and Tara Ellis 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 that Avon failed to accommodate her high risk pregnancy, and instead hastily terminated her employment upon learning she was pregnant. Caroline Ruiz v. New Avon LLC, et al., 1:18-cv-09033. Ruiz, the former Global Head of North…
By Linda Schoonmaker and John P. Phillips Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment. Additionally, the Eleventh Circuit held that an employer may be held liable for workplace harassment when the plaintiff admitted that she did not complain of harassment until her final day of employment (and when the employer…
By Mark A. Lies, II,  Brent I. ClarkAdam R. Young, and Craig B. Simonsen Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R. §1904.35(b)(1)(iv).” We previously blogged about OSHA’s 2016 retaliation regulation and associated guidance, which had explained examples of post-accident drug-testing…
By Andrew S. BoutrosJohn R. Schleppenbach, and Craig B. Simonsen Seyfarth Synopsis:  Among the latest news reports in the cross-border public corruption space that has legally-minded sports fans talking is that a federal grand jury is investigating Major League Baseball’s international player development system for potential Foreign Corrupt Practices Act (FCPA) violations.  See for instance Report: A Federal Grand Jury is Investigating MLB’s International Player Development System, Major League Baseball Signings
By Ilana R. Morady and Jaclyn A. Gross Seyfarth Synopsis: The Sixth Circuit recently upheld an administrative decision in favor of a miner’s whistleblower complaint, further underscoring the need for mine operators to implement strong anti-retaliation policies and keep detailed supporting records of internal investigations and employment-related decisions. The Federal Mine Safety and Health Act (Mine Act) was originally enacted in 1977 to promote safe mining operations. Pursuant to Section 105(c) of the Mine Act,…