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New Form I-9 and Alternative Inspection Procedure Now in Effect

By: Cody Weyhofen The Department of Homeland Security (“DHS”) and U.S. Citizenship and Immigration Services (“USCIS”) recently announced changes to Form I-9 and its related document verification procedures. Although these changes will likely streamline the employee-onboarding process, employers will first need to comply with multiple upcoming deadlines and determine whether they qualify for remote verification […]

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IRS Memo Questions Tax-Exempt Status of NIL Collectives

By: Tate Thompson and Curry Sexton In a June memo released by the Office of the Internal Revenue Service (IRS) Chief Counsel, the IRS announced its position that, in most cases, it does not believe name, image, and likeness (NIL) collectives qualify as tax-exempt organizations under the Internal Revenue Code (IRC). Although not legally binding, […]

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Supreme Court Raises Standard for Employers to Deny Religious Accommodations

By: Katie Conklin On June 29, 2023, the U.S. Supreme Court issued a unanimous opinion in Groff v. DeJoy, raising the standard for determining when a religious accommodation constitutes an “undue hardship” for an employer. Under the decision, an employer may only deny an employee’s request for religious accommodation if the accommodation would create a […]

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NLRB Modifies Independent Contractor Standard

By: Cody Weyhofen, John Vering, and Mark Opara On June 13, 2023, the National Labor Relations Board (the “Board”) issued a decision revamping the test to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act (the “NLRA”). As a result, workers previously categorized as independent contractors may […]

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NLRB General Counsel Issues Guidance on the Board’s Prohibition of Broad Confidentiality and Non-Disparagement Provisions in Severance Agreements

By: Katie Conklin and Cody Weyhofen As we explained in our previous client alert, on February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that confidentiality and non-disparagement provisions typically found in severance agreements are unlawful if they interfere with an employee’s Section 7 rights […]

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Michael E. Griffin and Robert D. Maher Join Seigfreid Bingham, Expanding the Corporate, Tax/Estate Planning, and Creditor Rights Practice Groups

Seigfreid Bingham is pleased to announce that Michael E. Griffin and Robert D. Maher have joined the firm as Shareholder attorneys in the corporate law practice group and several industry groups.

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New Guidance on Federal Protections for Pregnant and Nursing Employees

By: Katie Conklin and John Vering The U.S. Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) recently published guidance concerning the Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA). As we explained in our previous client alert, the PUMP Act, effective April 28, […]

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Bipartisan Legislation Introduced in United States Senate to Limit Use of Noncompete Agreements

By: Curry Sexton, Brenda Hamilton, and Mark Opara In early January, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from entering into noncompete agreements with workers and require employers to rescind existing noncompete agreements. Fast forward one month, and a bipartisan group of United States Senators has introduced legislation that […]

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NLRB Rules that Employers Cannot Offer Severance Agreements With Confidentiality and Non-Disparagement Clauses

By: Cody Weyhofen and Katie Conklin On February 21, 2023, the National Labor Relations Board (the “Board”) ruled in McLaren Macomb, 372 NLRB No. 58 (2023) that confidentiality and non-disparagement clauses typically found in severance agreements are unlawful if they interfere with an employee’s Section 7 rights under the National Labor Relations Act (the “NLRA”) […]

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NCAA Adopts New NIL Enforcement Standards

By: Tate Thompson and Curry Sexton As of January 1, 2023, the National Collegiate Athletic Association (“NCAA”) is applying a new standard of review in investigations pertaining to potential violations of its name, image, and likeness (“NIL”) rules.

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