Seyfarth attorneys Robert Milligan, John Tomaszewski, and Darren Dummit are presenting “The California Consumer Privacy Act – What It Is and What Clients Need to Know, Particularly in Light of COVID-19,” a webinar for ITechLaw on April 7, 2020, at 9 a.m. Central. The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020, and it establishes new consumer privacy rights for California residents and imposes significant new duties and obligations on commercial…

BIG Immigration Law Blog

New COVID-19 Q&As Related to Form I-9 and E-Verify

By Dawn Lurie

April 3, 2020

Late Friday afternoon, April 3, 2020, the Department of Homeland Security began to circulate the following questions and answers in response to stakeholders queries on Form I-9 obligations in the midst of COVID-19. We applaud the U.S. Citizenship and Immigration Services (USCIS) for taking the lead on coordinating these responses and anticipate they will continue to be responsive to employer queries. The Q&A reiterates the original Immigration and Customs Enforcement (ICE) guidance, including confirming a hard deadline on…

Trading Secrets

Emergency Injunction Not in the Cards? Damages May Be Your Winning Hand

By Erik Weibust, Jeremy Cohen & Marcus Mintz

April 3, 2020

As we have previously reported, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters” during the current COVID-19 crisis. As a result, obtaining emergency injunctive relief may be more difficult than in normal circumstances. And attempting to obtain injunctive relief to enforce non-compete agreements against employees who are laid off, while permissible in a majority of states, may be particularly difficult now given that we are quickly entering…

Employer Labor Relations

Working Remotely, NLRB Continues Delivering On Certain Appointed Rounds

By Seyfarth Shaw LLP

April 3, 2020

By Jack Toner and Jeff Berman Seyfarth Synopsis: During the COVID-19 crisis, the NLRB (for the most part) has truncated its operations to those operations and functions that can proceed without threatening the health of its employees or the public. In a sense, and as we have seen over the last few months, “neither snow, nor rain, nor heat”, nor pandemic stays the NLRB from “the swift completion of most of its appointed rounds.” Below,…

Wage & Hour Litigation Blog

WFH is the New Black, Part 2: The DOL Presses Pause on the “Continuous Workday” Rule

By Seyfarth Shaw LLP

April 3, 2020

By Zheyao Li and Kevin Young Seyfarth Synopsis: The U.S. DOL has suspended its “continuous workday” rule for employees working from home as a result of COVID-19. This development has important implications for how small businesses may schedule and compensate non-exempt employees working from home due to the pandemic. The wave of new law, new guidance on that law, and new guidance on that guidance continued rolling on April 1, 2020, when the U.S. Department…

Wage & Hour Litigation Blog

Second Circuit Lets Collective Action Proceed Where Class Action Fails

By Seyfarth Shaw LLP

April 3, 2020

By: Robert S. Whitman Seyfarth Synopsis: The Second Circuit has held that the standard for final FLSA collective action certification is less stringent than the standard for class action certification under Rule 23. Wage-hour litigators have long been familiar with the proposition that a plaintiff’s burden to obtain initial collective action certification under the Fair Labor Standards Act is “lenient,” “minimal,” or some similar label conveying an easygoing level of court review. Defense lawyers, who…

Workplace Class Action Blog

Class Certification Granted In Staffing Company Workplace Bias Suit

By Seyfarth Shaw LLP

April 3, 2020

By Gerald L. Maatman, Jr., Jennifer Riley, and Michael L. DeMarino Seyfarth Synopsis: For nearly a decade, the aftershocks of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes have curtailed the success of plaintiffs attempting to certify class discrimination claims in situations where the alleged discriminatory policy is highly discretionary. But Zollicoffer, et al. v. Gold Standard Baking, Inc., et al., No. 13 CV 1524, 2020 WL 1527903, at *1…

The Blunt Truth

The Week in Weed: April 3, 2020

By Susan Ryan

April 2, 2020

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Of course, what’s happening in the cannabis world is what’s happening everywhere else: the coronavirus. We’ve got lots to report on how the pandemic is affecting marijuana, but let’s start with other news first. SOUTH DAKOTA We’ve talked quite a bit about South Dakota over the years; most recently, we’ve been watching the progress of their…

Carpe Datum Law

Cybersecurity Update: Malware Blacklist and Remote Desktop Vulnerabilities

By Richard Lutkus, EnCE, EnCEP, CEH

April 2, 2020

Seyfarth Synopsis: In the past week, the cybersecurity community has seen a dramatic increase in the number of attacks being made on healthcare organizations around the globe. Despite the despicable nature of these attacks by malicious attackers trying to get rich off the suffering of others, there is a force of good that’s arisen from the cybersecurity community recently to help combat the threats. The COVID-19 Cybersecurity Threat Intelligence League was formed by Ohad Zaidenberg…

Employment Law Lookout

What Makes You Essential? Addressing Employees’ Fears Of Being Stopped Going To And Returning From Work

By Seyfarth Shaw LLP

April 2, 2020

By: Shireen Wetmore, Ann Marie Zaletel, Chantelle Egan, and Kerry Friedrichs Seyfarth Synopsis: Many employers are asking whether they need to provide documentation to employees performing work during a shelter-in-place or similar order and increasingly, employees are demanding such documentation. Should employers provide documentation to employees that explains their status as supporting essential, critical businesses? Across the country, states and localities are enacting orders or laws that restrict which businesses may remain…

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Seyfarth Attorneys to Present “The California Consumer Privacy Act – What It Is and What Clients Need to Know, Particularly in Light of COVID-19” Webinar

New COVID-19 Q&As Related to Form I-9 and E-Verify

Emergency Injunction Not in the Cards? Damages May Be Your Winning Hand

Working Remotely, NLRB Continues Delivering On Certain Appointed Rounds

WFH is the New Black, Part 2: The DOL Presses Pause on the “Continuous Workday” Rule

Second Circuit Lets Collective Action Proceed Where Class Action Fails

Class Certification Granted In Staffing Company Workplace Bias Suit

The Week in Weed: April 3, 2020

Cybersecurity Update: Malware Blacklist and Remote Desktop Vulnerabilities

What Makes You Essential? Addressing Employees’ Fears Of Being Stopped Going To And Returning From Work

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