Proskauer - Law and the Workplace

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Firm Profile: Proskauer Rose LLP
Eleven Times Square
(Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas of Practice
  • Labor & Employment Law
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New Jersey
  • New York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to be…more
 /  Civil Remedies, Labor & Employment Law

New York Court of Appeals Clarifies Application of New York’s Criminal History Discrimination and “Aiding and Abetting” Provisions

In Griffin v. Sirva, Inc., the New York Court of Appeals held that while only “employers” may be liable for criminal conviction history discrimination under Section 296(15) of the New York State Human Rights Law (“NYSHRL”), a…more
 /  Business Torts, Civil Procedure, Civil Rights, Labor & Employment Law

Mayor Signs Into Law New York City Bill Restricting Employer Inquiries Into Applicants’ Salary History

New York City Mayor Bill de Blasio has signed into law a bill that will make it unlawful for private employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The law…more
 /  Civil Rights, Elections & Politics, Labor & Employment Law

House Passes Private Sector “Comp Time” Bill, But Is It Practical For Employers?

In the private sector, the ability of employers to offer “comp time” for nonexempt employees—future time off as a reward for working extra hours, in lieu of overtime pay—is quite limited. To avoid having to pay for overtime…more
 /  Elections & Politics, Labor & Employment Law

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1B Visa Holders After The President’s Executive Order of April 18, 2017?

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his Executive…more
 /  Elections & Politics, Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Philadelphia Delays Implementation of Ordinance Restricting Employer Inquiries Into Applicants’ Salary History Following Legal Challenge

Philadelphia has indefinitely delayed implementation of its new ordinance that that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process…more
 /  Civil Rights, Constitutional Law, Elections & Politics, Labor & Employment Law

Maryland General Assembly Sends Paid Sick Leave Law To Governor

On April 5, 2017, the Maryland General Assembly passed the Maryland Healthy Working Families Act (the “Act”) which, if approved by Governor Larry Hogan, would require employers with 15 or more employees to provide their…more
 /  Labor & Employment Law

D.C. Universal Paid Family Leave Law Now In Effect

On April 7, 2017, the D.C. Universal Paid Leave Amendment Act of 2016 (the “Act”) (L21-0264) took effect as Congress’s 30 legislative day clock to overturn the Act via a joint resolution expired. As we have previously reported…more
 /  Labor & Employment Law

NOW IN EFFECT: D.C. Law Restricts Employers From Making Credit Check Inquiries

On April 7, 2017, the D.C. Fair Credit in Employment Amendment Act of 2016 (the “Act”) (L21-0256) took effect as Congress’s review period expired. As we have previously reported, the Act amends the D.C. Human Rights Act to…more
 /  Civil Rights, Labor & Employment Law

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth Amendment?

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare…more
 /  Civil Procedure, Constitutional Law, Immigration Law, Privacy, Transportation

New York City Council Approves Bill Restricting Employer Inquiries Into Applicants’ Salary History

The New York City Council has approved a bill that would make it unlawful for private employers to inquire into or rely upon job applicants’ wage history during the hiring process, with limited exception. The bill now goes…more
 /  Civil Rights, Labor & Employment Law

Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title VII

In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the…more
 /  Civil Procedure, Civil Rights, Education, Labor & Employment Law

Immigration Fact and Fiction for the U.S. Employer: All Those Announcements About H-1B’s – Is the Program Really Being Restructured?

Timed to coincide with the date when thousands upon thousands of H-1B petitions, subject to the quota cap limitation are filed with Service Centers of United States Citizenship and Immigration Services, various government…more
 /  Elections & Politics, Immigration Law, Labor & Employment Law

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

In a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped short…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Connecticut Supreme Court Issues Important Clarification For Independent Contractor Test

On March 21, 2017, the Connecticut Supreme Court issued an important ruling, finding that an individual may be still considered an independent contractor under the state’s Unemployment Insurance Act even if he/she only provides…more
 /  Administrative Law, Civil Procedure, Insurance, Labor & Employment Law
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