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We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants

The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a...more

The NLRB’s “Reasonable Employee” Definition Defies Common Sense: Time to Review Your Work Rules and Policies…Again.

Earlier last week, the National Labor Relations Board (“NLRB” or “Board”) overturned established precedent and held that a facially neutral work rule is presumptively unlawful if a “reasonable” employee predisposed to...more

The Board Strikes Back: Hateful Rhetoric Connected to Protected Concerted Activity Now Shields Employees from the Consequences of...

Seyfarth Synopsis: Recently, the National Labor Relations Board issued a decision that grants employees broad leeway to make lewd, lascivious, racist, or otherwise inappropriate comments at work, so long as those comments are...more

California District Court Dismisses Disability Claims Based on Failed Preemployment Marijuana Screen

Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. District Court for the Central District of California issued two welcome reminders to employers. ...more

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

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