The Speak Out Act and Compliance Programs
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
Hot Spots in Employment Law 2022
#WorkforceWednesday: New Law on Arbitration of Sexual Harassment Claims, Cyber War Ramps Up, Salaried Nonexempt Status - Employment Law This Week®
Employment Law Now VI-114-Banning Arbitration of Sexual Harassment/Assault Claims
Update and Discussion on Legal and Practical Issues
DE Under 3: OFCCP Contractor Portal & Request for Comments for Functional Affirmative Action Programs (FAAPs)
Compliance Perspectives: Changes to Title IX
New Title IX Regulations: A Seismic Shift During a Pandemic (Webinar Recording)
Compliance Perspectives: Healthcare Compliance at the Border
A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision
Cullen & Dykman Sees Colleges Calling for Title IX Help v
The Integrated and Coordinated Approach to Title IX Compliance
Webinar: Investigating and Resolving Sexual Assaults on Campus
Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is...more
The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are...more
A law enacted in 2022 that allows people alleging sexual assault or sexual harassment to opt out of pre-dispute arbitration agreements has altered the litigation landscape for enforcing those agreements. ...more
On May 2, 2025, the Texas Supreme Court held that a franchisor owes no duty of care for injuries caused by a franchisee’s employee unless the franchisor retained or exercised control over the hiring of that employee....more
In a controversial decision, the American Law Institute (ALI) approved a novel “Special Rule on Vicarious Liability for Sexual Assault” that endorses a new strict liability tort claim against employers for certain sexual...more
In Rice Enterprises LLC v. RSUI Indemnity Co., the Third Circuit Court of Appeals affirmed the district court’s finding that the insured was not entitled to coverage from its employer’s liability insurer or its umbrella...more
On August 20, 2023, the Spanish national football team won the FIFA Women’s World Cup for the first time in history. As star forward Jenni Hermoso received her medal in front of thousands of fans, Luis Rubiales, then...more
In this installment of the More with McGlinchey Podcast, labor and employment attorney Susan Desmond and maritime attorney Marcelle Mouledoux discuss the Safer Seas Act and Title VII requirements for the marine industry. They...more
The end of one thing is always the beginning of another. That also rings true for years end and new employment laws. It is time, once again, for all California employers to sit down, buckle up, and get ready for the 2025...more
Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more
Governor Newsom recently signed new laws – SB 1105 and AB 2499 – which extend and clarify employees’ available reasons for use of California paid sick leave (PSL)....more
It is common knowledge that employers have a vested interest in the confidentiality and discretion of their employees, especially in emerging or sensitive industries. ...more
Seyfarth Synopsis: The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) renders arbitration agreements unenforceable with regard to claims of sexual assault and sexual harassment....more
Seyfarth Synopsis: In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced...more
A New York state judge has denied motions to dismiss actor Julia Ormond's claims against a film company, its parent company, and a talent agency based on conduct by film producer Harvey Weinstein, who Ormond alleges assaulted...more
Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more
Baby Reindeer on Netflix is the dark, fictionalized account of how one man’s stalker forever changed his life. It tells the story of a struggling London comedian, Donny Dunn, who meets a woman, named Martha, in a pub where he...more
It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment (the Guidance), to include developments “answering the call” of the #MeToo...more
On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more
Top 10 Takeaways from Clark Hill Labor & Employment Webinar, Dec. 6, 2023 - Thanks to all of you who joined our webinar on Dec. 6 discussing creating respectful workplaces to deter harassment claims. Here are the top 10...more
Starting in January, Nevada employers will need to update their leave policies and posted employment notices to reflect recent legislation seeking to accommodate sexual assault victims....more
The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...more
Arbitration agreements are a powerful tool used by many employers to compel the utilization of arbitration as a means of alternative dispute resolution. Arbitration allows the parties of a claim to resolve the dispute...more
On July 1, 2023, laws that were passed by the General Assembly and signed into law by Governor Glenn Younkin become effective in Virginia. In the most recent legislative session, a number of new employment laws were passed...more