By Gerald L. Maatman, Jr., Alex W. Karasik, and Aaron A. Bauer

Seyfarth Synopsis:  In Easom v. US Well Servs., No. 21-20202, 2022 U.S. App. LEXIS 16556 (5th Cir. June 15, 2022), the employer defendant invoked the WARN Act’s “natural disaster” exception when it conducted mass layoffs in its Texas workforce, due to the sudden economic downturn caused
Continue Reading Fifth Circuit Finds The COVID-19 Pandemic Is Not A Natural Disaster Under The WARN Act

By Jennifer A. Riley, Andrew Scroggins, and Tyler Zmick

Seyfarth Synopsis: As we previously reported, employers generally have found success when the U.S. Supreme Court takes up questions about the arbitrability of workplace disputes. The unanimous decision in Southwest Airlines Co. v. Saxon bucks that trend, denying employers a clear victory and holding that those who load cargo
Continue Reading The U.S. Supreme Court Rejects Industry-Based Reading Of FAA’s Transportation Worker Exemption, Reduces Visibility For Workers Challenging Arbitration Agreements

By Andrew L. Scroggins and Sarah K. Bauman

 Seyfarth Synopsis: As we previously reported here, last October the EEOC put employers on notice of an initiative to ensure that artificial intelligence (“AI”) and other technology used in hiring and employment decisions comply with federal anti-discrimination laws. Consistent with this recent initiative, on May 12, 2022, the EEOC shared guidance
Continue Reading EEOC And DOJ Issue Important Guidance On Preventing AI- and Technology-Related Disability Discrimination

By Gerald L. Maatman, Jr. and Sarah K. Bauman

Seyfarth Synopsis: In EEOC v. BNSF Railway Co., Case No. 8:21-CV-369 (D. Neb. April 28, 2022), Judge Brian C. Buescher of the U.S. District Court for the District of Nebraska denied the EEOC’s request for a temporary restraining order (“TRO”) to prevent alleged discriminatory conduct.  The EEOC sought an order reinstating
Continue Reading The EEOC Overlooks Pleading Defects In Seeking TRO, Resulting In Denial By Nebraska Federal Court  

By Jennifer A. Riley, Alex W. Karasik and Tyler Z. Zmick

Seyfarth Synopsis:  In Sosa v. Onfido, Inc., No. 20-CV-4247, 2022 U.S. Dist. LEXIS 74672 (N.D. Ill. Apr. 25, 2022), the Court issued the latest plaintiff-friendly decision under the Illinois Biometric Information Privacy Act (“BIPA”), putting businesses and employers on notice that the statute can apply to photographs
Continue Reading Picture This: Illinois Federal Court Holds That BIPA Applies To Photographs

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Alex S. Oxyer

Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals with the goal of obtaining “side” settlement payments to dismiss the appeal.  In
Continue Reading The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On August 18, 2020, the EEOC held a public meeting to address a notice of proposed rulemaking containing potential substantive amendments to the Commission’s conciliation process. Though a copy of the notice has not yet been publicly released, the EEOC has
Continue Reading EEOC Update: The Commission Holds Public Meeting On Proposed Amendments To Conciliation Process

By Gerald L. Maatman, Jr. and Jennifer A. Riley

Seyfarth Synopsis – Following a familiar fact pattern, after a named Plaintiff filed a putative class action in Bird, et al. v. Barr, No. 19-CV-1581 (D.D.C. July 23, 2020), she complained that the defendant employer retaliated against her for bringing suit by, among other things, threatening to terminate her employment and
Continue Reading Federal Court Finds That It Lacks Jurisdiction To Enjoin Employer From Retaliating Against Putative Class Members

By Gerald L. Maatman, Jr., Alex S. Oxyer, andPaul M. Waldera

Seyfarth Synopsis: In New York v. Department of Labor, the U.S. District Court for The Southern District of New York recently invalidated large sections of the U.S. Department of Labor’s rule regarding paid sick time and paid family medical leave under the Families First Coronavirus Response
Continue Reading The Southern District Of New York Vastly Expands Employee Paid Leave Due To COVID-19

By: Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On August 3, 2020, the EEOC announced in a press release that it will resume issuing charge closure documents, or “Notices of Right to Sue.” The Commission had previously suspended issuing closure documents as a result of the COVID-19 pandemic in
Continue Reading EEOC Update: The Commission Resumes Issuance of Charge Closure Documents