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Non-Compete Compliance in 2025: State Trends and Employer Strategies
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A recent decision from the Fourth Circuit Court of Appeals tackled the question of when an employer is obligated to provide leave as a disability accommodation when the leave request is for an indefinite length of time. In...more
Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski....more
In recent years, the issue of secret recordings by employees has sparked considerable controversy. You may recall the recent incident involving an employee at CloudFlare, who filmed herself for nine minutes while questioning...more
In a win for employers located in Florida, Georgia and Alabama, the U.S. Court of Appeals for the Eleventh Circuit recently concluded that retaliation claims brought under the Family and Medical Leave Act are subject to a...more
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more
On March 4, 2021, the United States Court of Appeals for the Third Circuit affirmed a decision of the United States District Court for the Western District of Pennsylvania which ruled in Ellis v. Bank of New York Mellon Corp....more
The United States Court of Appeals for the Fifth Circuit recently reminded employers that they should create and maintain contemporaneous documentation for their personnel decisions and implement flexible progressive...more
Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more
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
Last month, the United States Court of Appeals for the Ninth Circuit certified two questions of state law to the California Supreme Court: 1. Does the absence of a formal policy regarding meal and rest breaks violate...more
Many employers have progressive discipline policies. Are they always followed? Probably not. Should they be? Absolutely, and Lindeman v. St. Luke’s Hospital of Kansas City, a recent case in the Eighth Circuit, demonstrates...more
The Ninth Circuit Court of Appeals upheld summary judgment in favor of Taco Bell on class claims that employees should be paid under California law for time spent on company premises eating employer-discounted meals during...more
The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more
Perhaps it’s not surprising that a circuit that for years has held that staring can constitute sexual harassment would find that excessive hugging may be illegal, too. The Ninth Circuit (which covers California and other...more