Seyfarth Synopsis: In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's artificial intelligence tool under theories that the organization was acting as an employment agency, indirect employer, or agent of the employer. Employers, HR vendors and…

On April 23, 2024, the FTC announced its Final Non-Compete Clause Rule (“Final Rule”), which bans post-employment non-compete clauses between employers and their workers. The Final Rule becomes effective 120 days after being published in the Federal Register (Effective Date).[1] As of the date of this paper, the Final Rule has not been published in the Federal Register. Key Provisions…

On April 18, 2024, the Financial Crimes Enforcement Network (FinCEN) released further guidance regarding to Corporate Transparency Act compliance (CTA) by updating and expanding the Beneficial Ownership Information Reporting Frequently Asked Questions regarding the Beneficial Ownership Information (BOI) Reporting Rule (FAQs). Importantly, the updates provide insight on BO access by foreign governments, law enforcement and financial institutes. 1. Understanding Beneficial…

The USPTO’s recent guidance on AI usage marks a critical moment for legal practitioners. This document emphasizes the necessity for both technical and human oversight in mitigating the risks associated with AI tools. The agency is committed to leveraging AI’s benefits across society while ensuring that these technologies do not compromise the integrity of legal processes. The guidance clarifies that…

What You Need to Know: Governor Kathy Hochul approved the Fiscal Year 2025 New York State Budget (the “NYS 2025 Budget”) on April 20, 2024. Several leave-related topics affecting private employers are impacted by the NYS 2025 Budget. Most notably, a new paid prenatal personal leave entitlement was added to Section 196-b of the New York Labor Law, i.e., the…

This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into non-competes with workers. The Commission found that non-competes tend to negatively affect competitive conditions…

On April 18, 2024, the Federal Trade Commission (“FTC”), Justice Department (“DOJ”), and the U.S. Department of Health and Human Services (“HHS”) launched an online reporting portal, HealthyCompetition.gov, for the public to report potentially unfair and anticompetitive health care practices. The online reporting portal provides examples of unfair and anticompetitive health care practices under existing antitrust laws including: “consolidation, joint…

ATLANTA (April 24, 2024) – Seyfarth Shaw LLP announced today the arrival of partner Michael Delaney to the firm’s Corporate department. Delaney joins Seyfarth from Bryan Cave, where he was counsel in the corporate and finance transactions group. Delaney’s multifaceted public and private company experience, along with his successful track record in private practice and as chief legal officer of…

Seyfarth synopsis: Today, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This development requires attention from virtually all employers. The DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,…

Seyfarth Synopsis: The United States Supreme Court issued its opinion in one of the most anticipated employment cases of this term. In Muldrow v. City of St. Louis, the Court considered whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in transfer decisions absent a separate showing that the transfer caused a “significant” harm. In its opinion,…

LOS ANGELES (April 16, 2024) - Seyfarth Shaw LLP announced today the addition of a three-lawyer team to its labor and employment department further expanding its service offerings nationally and internationally. The trio of prominent employment litigators joins Seyfarth from Morgan Lewis & Bockius LLP. Clifford “Seth” Sethness has built a formidable reputation over the past two decades as a…

Apr. 17, 2024  – As most California employers are now aware, a new workplace violence law (SB 553) requires essentially all CA employers to develop and implement written Workplace Violence Prevention Plans and training by July 1, 2024. The new requirements will be enforced by Cal/OSHA. Cost  –  There is no cost to attend, but registration is required. REGISTER HERE Join us for…

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from up to 180 days to up to 540 days. On April 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) extending the automatic extension period for…

Seyfarth Synopsis: On March 14, 2024, the Massachusetts House of Representatives passed legislation that would prohibit employers from obtaining or using a true credit report for employment purposes. The proposed law, which includes only limited exceptions, would be one of the most restrictive of its kind in the country. The bill is expected to pass the Senate and be signed…

On December 22, 2023 the State of New York adopted the New York LLC Transparency Act (as amended to date, the “NY LLCTA”). The NY LLCTA in many respects follows the federal Corporate Transparency Act (together with any regulations promulgated thereunder, the “CTA”). However, one material difference is that unlike the CTA which applies to many different types of entities,…

Seyfarth Synopsis: A series from our seasoned and successful Boston L&E Trial Team will explore the latest trends in jury trials in a time of explosive verdicts, Reptile tactics, polarization, and an election year. We’ll offer practical strategies on how to maximize your chance of a total defense verdict, despite these headwinds, based on our experience navigating trials in this environment.…

Tennessee has joined the ranks of states regulating, in various ways, the use of artificial intelligence to manipulate an individual’s likeness.  On March 21, 2024, Gov. Bill Lee said “thank you very much” to the Tennessee legislature and signed into law the Ensuring Likeness, Voice, and Image Security (“ELVIS”) Act of 2024, HB 2091/SB 2096, which updates Tennessee’s right of…

 By Matthew A. Sloan, A. Scott Hecker, and Adam R. Young Seyfarth Synopsis: On April 1, 2024, the Federal Register published OSHA’s final rule revising its regulations regarding whom employees can authorize to act as their representative(s) to accompany compliance officers during on-site OSHA inspections. Under Section 8(e) of the Occupational Safety and Health Act, employees and employers alike have the right to…

By Rachel See, Dawn Solowey and Adrienne Lee Seyfarth Synopsis: In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace training or program. The EEOC’s opinion also confirmed that an undue hardship analysis…

Please note:  while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend reviewing any global mobility inquiries on a case-by-case basis, including any consulate-specific or immigration authority resources, in “real-time” before traveling internationally. Please reach out to our Global Mobility Team in…

By: Bradley D. Doucette, Scott P. Mallery, & Noah A. Finkel Seyfarth Synopsis: A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it might trigger movement throughout the country to revisit what…

By Alex J. Reganata and Barry J. Miller Seyfarth Synopsis: Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the workforce to reflect a different racial and gender makeup. The Fourth…

UK Skilled Worker Visa – Significant Changes A major update to the UK immigration rules was published on 14 March 2024.  The new rules will become effective on 4 April 2024. Notably, these new rules will affect a large number of employers and their employees who need UK work visa sponsorship. Transitional arrangements apply until 3 April 2030 for Skilled…

LONDON (March 21, 2024) - Seyfarth Shaw LLP announced today the arrival of partner Matthew Banham to the firm’s litigation department, further expanding the firm’s globally recognized white-collar and investigations practice. Banham joins Seyfarth from Dechert, where his practice focused on multi-agency and complex cross-border investigations and prosecutions with an emphasis on financial crime and contentious regulatory matters. "There is…

On Wednesday, March 20, Seyfarth attorneys Rebecca Woods, Owen Wolfe, Lauren Leipold, and Puya Partow-Navid will present and Ken Wilton will moderate, the first session of the 2024 Commercial Litigation Outlook webinar series: Charting the Course: AI’s Influence on Legal Practice and IP Protection. Time of the event:1:00 p.m. to 2:00 p.m. Eastern About the Program Our esteemed panel of…

Seyfarth Synopsis:  As reporting companies prepare their Pay Versus Performance (PVP) disclosures for their upcoming proxy statements, they should take into consideration the most recent guidance on the topic in Securities and Exchange Commission’s (SEC’s) Compliance & Disclosure Interpretations (CD&Is). The PVP disclosure rules (Item 402(v) of SEC Regulation S-K) require public reporting companies to disclose (for fiscal years ending…

March 12, 2024 — Seyfarth Shaw LLP, a leading law firm known for its innovative approach and client-focused services, today announced the creation of its first Impact & Sustainability Partner position, underscoring its commitment to aligning business goals with client values and demands. The firm has appointed seasoned partner Ameena Majid to this founding role, which will help the firm…

Our guest today is Zack DeMeola, Senior Director of Strategic Initiatives at the Law School Admission Council (LSAC), a not-for-profit organization with the goal of advancing law and justice by promoting access, equity, and fairness in law school admission and supporting learning journeys from prelaw through practice. A former corporate litigation attorney, Zack left practice after several years to join…

Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report complaint data to a government agency. Earlier this year, New Jersey legislators introduced Assembly Bill 2443 (“AB 2443” or the “Bill”), which if passed, would significantly reduce the standard for harassment…

By Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker,  Daniel R. Birnbaum, Melissa A. Ortega and Taylor Iaculla Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and…

International Women’s Day for 2024 has the important theme of Count Her In: Invest in Women. The UN talks about the importance of empowering women and investing in women in a range of ways. This includes accelerating women’s economic empowerment by recognising that when women entrepreneurs are successful, this can lead to more benefits. The topic of investing in women…

Seyfarth’s Commercial Litigation practice group is pleased to present the fourth annual installment of the Commercial Litigation Outlook, which provides insights on litigation issues and trends to expect in 2024. Since its inaugural publication in 2020, Seyfarth’s Commercial Litigation Outlook has served as a beacon for legal professionals, providing invaluable insights and forecasting emerging trends.  2024 promises to be one…

By Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, Daniel R. Birnbaum, Melissa A. Ortega and Taylor Iaculla Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office, as…

This blog has been cross-posted from Seyfarth’s The Blunt Truth site. Federal trademark registration is typically unavailable for goods and services related to the sale of cannabis.  But a combination of federal copyright registration and state trademark registration for these goods and services may provide an opportunity for cannabis companies to protect the substantial investments made in their brands and…

By Brent I. Clark, James L. Curtis, Patrick D. Joyce, A. Scott Hecker, Daniel R. Birnbaum, Melissa A. Ortega and Taylor Iaculla Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review Commission, OSHA and MSHA Judges, and the Solicitor’s Office,…

Seyfarth Synopsis: With each passing year, the country’s patchwork of mandatory state paid family and paid family medical leave (collectively, “PFML” or “PFL”) laws continues to evolve and expand. Why is this existing patchwork so challenging for employers? Look no further than how varied these laws are in terms of their substantive and procedural components. The below graphic illustrates this…

SPEAKING ENGAGEMENT: Tracee Davis and Grayson Moronta will Speak on Coalition of Women's Initiatives in Law Panel on the State of DE&I in Law Firms and Companies | Employment Law Lookout Skip to content

Seyfarth Synopsis: With DOL’s overtime exemption rule currently under White House review, we could see its publication sooner rather than later. We previously reported on the Biden Administration’s April 2024 target date to publish the DOL Wage and Hour Division’s (“WHD”) final rule on increasing the minimum salary level for white-collar exemptions, “Defining and Delimiting the Exemptions for Executive, Administrative,…

Wednesday, March 13, 202412:00 p.m. to 1:00 p.m. Eastern11:00 a.m. to 12:00 p.m. Central10:00 a.m. to 11:00 a.m. Mountain9:00 a.m. to 10:00 a.m. Pacific About the Program Today’s polarized environment presents many challenges for employers.  One such challenge is how to respond to reports of employees’ off-duty conduct.  Off-duty conduct – particularly when captured or reported online -- may affect…

As the FLSA landscape continues to evolve, Seyfarth’s national Wage and Hour Litigation practice group is pleased to share our observations and analysis of the 2023 FLSA litigation trends as well as our forward-looking predictions for 2024. Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and…