In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to...more
6/26/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Bad Faith ,
Delay Claims ,
Disability Discrimination ,
Educational Institutions ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Failure to Accommodate ,
Labor Law Violations ,
Reasonable Accommodation ,
Texas
Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more
Seyfarth Synopsis: On March 17, the House of Representatives passed the “Forced Arbitration Injustice Repeal Act of 2022” or the “FAIR Act,” which would ban the use of mandatory arbitration agreements and class and...more
Seyfarth Synopsis: The City of Houston is raising the minimum wage for employers with covered contracts, subcontracts, and concession agreements at George Bush Intercontinental Airport, William P. Hobby Airport, and...more
Seyfarth Synopsis: Arbitration agreements with class and collective action waivers can help employers limit litigation exposure, especially to wage and hour claims. In recent years, however, in light of the “Me Too”...more
Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA. However, the Board panel was sharply...more
Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more
9/13/2019
/ Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Independent Contractors ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Just last week, San Antonio agreed to delay implementation of its paid sick leave ordinance until at least December 1, 2019. Now, as of this week, a lawsuit has been filed challenging the Dallas paid sick...more
Seyfarth Synopsis: On Wednesday, July 24, 2019, approximately one week before San Antonio’s paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the...more
Seyfarth Synopsis: On Wednesday, July 24, 2019, approximately one week before San Antonio’s paid sick leave ordinance was scheduled to go into effect for most employers, a Texas state court stayed implementation of the...more
Seyfarth Synopsis: Employers in Austin, Dallas, and San Antonio expected the Texas Legislature to overturn their cities’ recent foray into city-specific paid sick leave laws. However, the Texas Legislature recently...more
Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more
2/25/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
First Impression ,
JPMorgan Chase ,
Motion to Compel ,
Notice Requirements ,
Unpaid Overtime ,
Wage and Hour
Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more
10/19/2018
/ #MeToo ,
Appeals ,
Employee Training ,
Employer Liability Issues ,
Employment Litigation ,
Harassment ,
Health Care Providers ,
Home Health Care ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Offensive Language ,
Summary Judgment
Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the...more
10/2/2018
/ Civil Rights Act ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Equal Pay Act ,
Former Employee ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Labor Law Violations ,
Pregnancy Discrimination ,
Severance Agreements ,
Severance Pay ,
Title VII
Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more
5/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Jurisdiction ,
Misclassification ,
Motion to Compel ,
Motion To Stay ,
Wage and Hour
Seyfarth Synopsis: In recent months, sexual harassment has seized national headlines and raised significant questions about company policies, procedures, and culture. ...more
Seyfarth Synopsis: Complying with the ADA, particularly when an employee has a mental health-related disability, can be challenging. Fortunately, a recent decision out of the Seventh Circuit provides helpful guidance for...more
Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more
7/11/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Failure to Accommodate ,
Family and Medical Leave Act (FMLA) ,
Harassment ,
Job Descriptions ,
Reasonable Accommodation ,
Retaliation ,
Telecommuting ,
Wage and Hour
Seyfarth Synopsis: For several years now, employers and the EEOC have been at odds over whether employers must automatically reassign a disabled employee to an open position as a reasonable accommodation, or whether employers...more