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Archive by tag: Seyfarth Shaw LLPReturn

Common Sense Prevails For California Franchisors: Ninth Circuit Focuses On Actual Control of the Worker in Joint Employment Analysis

Seyfarth Synopsis: The Ninth Circuit’s recent decision in Salazar v. McDonald’s Corporation is welcome news for entities facing concerns about joint employment status under California law, and in particular, for franchisors. In Salazar, the Ninth...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 18,2019 |

NLRB Invalidates Mandatory Arbitration Agreement That Contains No Exceptions For Filing Administrative Charges

Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 17,2019 |

Will we win? The odds of success in restraint of trade cases

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential information....By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 16,2019 |

Stunning Development — The Ninth Circuit Enforces an ERISA Plan Arbitration and Class Action Waiver Provision

Seyfarth Synopsis: Reversing course and overruling previous precedent, the Court of Appeals for the Ninth Circuit now holds that ERISA plan mandatory arbitration and class action waiver provisions are enforceable, and can require individualized...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 16,2019 |

OSHA Updates on Distracted Driving in Employment and in the Workplace

Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving. OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.” ...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 16,2019 |

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted in a failed drug test...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 15,2019 |

Legislative Update: Governor Newsom Pens Halloween Terrors for California Employers

Seyfarth Synopsis: Governor Newsom has approved some of the bills most feared by employers, including bills to ban employment arbitration, extend FEHA administrative deadlines, codify the Dynamex ABC test, and create San Francisco-style...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 15,2019 |

Bill Expanding NYC Human Rights Law to Protect Independent Contractors and Freelancers Becomes Law

Seyfarth Synopsis: Once effective, the anti-discrimination and retaliation provisions of the NYC Human Rights Law will apply to freelancers and independent contractors. In addition, independent contractors and employed family members will also count...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 14,2019 |

President Issues Executive Orders on Guidance Documents and Transparency

Seyfarth Synopsis: The regulated community had a pleasant surprise from President Trump this week. The President issued two executive orders that have the stated intent to make closeted or last minute agency guidance and interpretations of federal...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 14,2019 |

Court Blocks Implementation of Revised Forms Addressing New Public Charge Interpretation

Seyfarth Synopsis: U.S. District Court in New York issued a nationwide injunction blocking the implementation of USCIS’ final rule on inadmissibility on public charge grounds, which rule resulted in significant changes to two widely used USCIS...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Oct 14,2019 |
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