Seyfarth Shaw LLP

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By Jay Connolly & Aaron Belzer As cannabis growers and retailers struggle with the complex and onerous regulatory scheme governing California’s emerging legal marijuana marketplace, they may be excused for overlooking the requirements of California Safe Drinking Water and Toxic Enforcement Act of 1986—more commonly known as Proposition 65.  Neither the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), nor its implementing regulations, reference or suggest that cannabis growers or retailers are subject…
By Christopher Truxler & Nicole Baarts Seyfarth Synopsis: Workplace violence is no laughing matter. Although California law arms employers with strict laws to prevent workplace violence, no one wants to find themselves petitioning a court for emergency injunctive relief. Instead, employers should foster healthy workplaces and monitor early warning signs in order to address threats of violence before it is too late. “If I had a gun with two bullets and I was in a…
By Annette Tyman, Randel K. Johnson, and Michael L. Childers Seyfarth Synopsis: The U.S. District Court for the District of Columbia vacates the Office of Management and Budget’s (OMB) prior order staying the implementation of the revised EEO-1 Report which required employers to report W-2 wage information and total hours worked. On March 4, 2019, the U.S. District for the District of Columbia issued an opinion reinstating the EEOC’s collection of pay data…
By Ronald Gart and Christa Dommers Seyfarth Shaw LLP has released the results of its fourth annual Real Estate Market Sentiment Survey, which polled commercial real estate executives around the country from all sectors. Of interest to our readers, this year’s survey revealed that, despite the dramatic increase in the number of states legalizing marijuana, 85% of respondents are putting the brakes on investing in cannabis use real estate or leasing space to the cannabis…
By Latoya R. Laing and Erin Dougherty Foley Seyfarth Synopsis: A number of changes have been made (and proposed amendments are being considered) to the Illinois Human Rights Act since the beginning of the year. Read on for further information. Last June, we wrote about a series of amendments to the Illinois Human Rights Act. Since then, several of the amendments being considered back then have been signed into law. Last summer, Governor Bruce Rauner…
By Brent I. ClarkBenjamin D. BriggsMatthew A. Sloan, and Craig B. Simonsen Seyfarth Synopsis:  A construction contractor twice orders, via text message, his employees to work on a roof, and both times the employees fall through.  The contractor later testifies in a deposition that he did not ask them to work on the roof.  Lesson No. 1: don’t lie when you’re providing sworn testimony, especially when there exists discoverable evidence…
By Kyla J. Miller and Erin Dougherty Foley Seyfarth Synopsis: According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her employer. The Court held that the Company served as a catalyst for the gossip stemming from one jealous co-worker, and held that these types of rumors are inherently based on sex…
By Brent I. Clark, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019). A recent decision from the U.S. Court of Appeals for the Fifth Circuit highlights the risks posed to employers in the healthcare and social assistance industries by…
By Pamela Q. Devata, Esther Slater McDonald, John Drury, and Connor M. Bateman Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may violate the FCRA and ICRAA by including “extraneous” state law notices and potentially “confusing” language in background disclosure forms. Both the Fair Credit Reporting Act (FCRA) and…
By Raymond C. Baldwin and Christine Mary Costantino Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee’s voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered a tangible or materially adverse employment action sufficient to support a claim for retaliation and potentially foreclose an employer’s ability to rely on the Fargher/Ellerth defense to defeat hostile work environment claims based on sexual harassment. The Fourth…