Employment Law Lookout

Insights for Management

By Nila Merola and Cameron A. Smith Seyfarth Synopsis: Both houses of the New York State Legislature passed the Gender Expression Non-Discrimination Act, which prohibits discrimination on the basis of gender identity or expression and adds offenses motivated by gender identity or expression to the hate crimes statute. On January 15, 2019, both the New York State Senate and Assembly passed the Gender Expression Non-Discrimination Act (“GENDA” or the “Act”). Governor Cuomo is expected to…
By Daniel B. Klein and Christopher W. Kelleher Seyfarth Synopsis: While we await the proposed regulations due by March 31, 2019, the new Department of Family and Medical Leave has provided several points of clarification of which employers should be aware, as we gear up for implementation of the Massachusetts Paid Family and Medical Leave (PFML) Law. As we previously reported, last summer, the Massachusetts Legislature passed the “Grand Bargain” bill, which will gradually…
By Andrew H. PerellisPatrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: In another business-friendly move, the U.S. Department of Justice (DOJ) recently updated its Justice Manual to clarify that it “should not treat a party’s noncompliance with a guidance document as itself a violation of applicable statutes or regulations [or to] establish a violation by reference to statutes and regulations.” We had blogged in early 2018 regarding Associate Attorney General Rachel Brand’s…
By Rhandi Childress Anderson and Erin Dougherty Foley Seyfarth Synopsis: Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive process. Once an employee abandons the interactive process, the employer has no duty to accommodate. Under the Americans with Disabilities Act (ADA), the purpose of the interactive process is to “identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome…
By Samantha L. Brooks and Karla Grossenbacher Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers. In this case, a Maryland state government employee claimed that she was retaliated against for a Facebook post where she referred to a Maryland gubernatorial candidate as an “a**clown.” In granting a preliminary injunction and reinstating an employee’s job duties, the U.S. District Court for the…
By Andrew S. Boutros, Christopher RobertsonJohn R. Schleppenbach, and Craig B. Simonsen Seyfarth Synopsis:  The United States Department of Justice recently filed a seismic motion to dismiss in a series of healthcare fraud-related cases.  In doing so, the government questioned the whistleblowers’ theory of False Claims Act liability and stressed the expense to the government of monitoring the litigation and responding to discovery.  This is the latest step the DOJ has…
By Joshua D. SeidmanTracy M. Billows, Ann Marie Zaletel, William P. Perkins, and Ryan B. Schneider Seyfarth Synopsis:  This blog presents Seyfarth Shaw LLP’s Infographic tracking the spread of paid sick leave and anti-local sick leave laws around the country. The Infographic is divided into four distinct time periods to highlight the geographic and historic evolution of these laws. Introduction Over the last decade, dozens of states and cities have…
By Robert T. Szyba, Gena B. Usenheimer, and Ryan B. Schneider Seyfarth Synopsis: On December 3, 2018, the New Jersey Senate Labor Committee unanimously advanced a bill that would require covered hotels to provide “panic devices” to certain employees. New Jersey joins the increasing number of jurisdictions considering or enacting this form of anti-sexual harassment legislation. Background In September, two state New Jersey state senators introduced S2896 in an effort to protect “hotel employees…
Kevin A. Fritz and Minh Vu Seyfarth Synopsis: The Court of Appeals for the First Circuit says that an agreement to arbitrate presented visually to blind plaintiffs on a POS device and never read to the plaintiffs is not binding. Season’s greetings! As the holiday season ramps up, retailers’ point-of-sale (“POS”) devices will again go into overdrive facilitating the holiday check out process and enrolling new loyalty program members. Retailers with POS devices that are…