Proskauer Rose LLP

D.C. Mayor Signs Bill Restricting Employers From Making Credit Check Inquiries

On February 15, 2017, Mayor Muriel Bowser signed the Fair Credit in Employment Amendment Act of 2016 (the “Act”). As previously reported, the Act, if it becomes law, will amend the D.C. Human Rights Act to prohibit employers…more
| Civil Rights, Elections & Politics, Labor & Employment Law

D.C. One Step Closer To Providing Employees Up To 8 Weeks Of Paid Leave

As we previously reported, in December 2016 the D.C. Council passed the Universal Paid Leave Amendment Act of 2016 (the “Act”). If it becomes law, the Act will provide all full and part time private sector workers in D.C. with…more
| Labor & Employment Law

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Privilege Claims Validated in Counterfeit Detection Dispute

In a recent decision, Magistrate Judge Kelley addressed the legitimacy of withholding third party communications under the common interest doctrine. The case involved plaintiff Crane Security Technologies, Inc. (“Crane”) – the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

UK Employment Tribunal Rules that Individuals Working in the “Gig Economy” are Entitled to Paid Leave

An Employment Tribunal in the United Kingdom ruled that a bicycle courier for CitySprint, a delivery firm, was a worker rather than self-employed and therefore entitled to paid leave. This is the most recent decision in a…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Third Circuit Permits ADEA “Subgroup” Claims

The Third Circuit recently held in Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435, 2017 WL 83385 (3d Cir. Jan. 10, 2017), that workers in their 50s may be recognized as a “subgroup” of employees protected by the Age…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Employer’s Interview Of Employees During Defense Of Unfair Labor Practice Violates Act, NLRB Rules

We already know that when it comes to the NLRB there already are several actions an employer can take that violate the NLRA, even though such actions would be perfectly acceptable under any other employment law. And sometimes…more
| Administrative Law, Labor & Employment Law

UK Gender Pay Gap Reporting

We wrote about the Draft Gender Pay Gap Regulations in the April 2016 edition of A Month in UK Employment Law. In December 2016, the UK Government published a revised version of these Regulations which are expected to come into…more
| Civil Rights, Labor & Employment Law

Update on the USDOL Conflict of Interest Rule and Related Exemptions

There were two key developments last week concerning the ongoing challenges to the U.S. Department of Labor (USDOL) conflict of interest rule and related exemptions:  a Presidential Memorandum calling for a review of the rule,…more
| Elections & Politics, Finance & Banking, Labor & Employment Law

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of…more
| Antitrust & Trade Regulation, Consumer Protection, Mergers & Acquisitions

Three Point Shot - February 2017

Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Insurance, Labor & Employment Law

Too Late To Ask the Court to Retain Jurisdiction to Enforce a Settlement Agreement?

Imagine this scenario: after years of litigation in federal court, your client reaches a settlement agreement with the opposing party. The lawsuit is dismissed pursuant to the settlement agreement and Federal Rule of Civil…more
| Civil Procedure, Civil Remedies

Click Here — 3rd Circuit Enforces Restrictive Covenants Tied to Electronic Acceptance of Stock Award

On February 7, 2017, the Third Circuit affirmed a partial preliminary injunction order barring two former ADP employees from soliciting customers for their new employer for one year. This decision is notable as it affirmed the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Securities Law

D.C. Fair Credit in Employment Amendment Act Sent To Mayor For Approval

On December 20, 2016, the District of Columbia Council passed the Fair Credit in Employment Amendment Act of 2016 (B21-0244) (the “Act”) which, if enacted, would amend the D.C. Human Rights Act of 1977 to prohibit employers from…more
| Civil Rights, Elections & Politics, Labor & Employment Law

The Top Ten Regulatory and Litigation Risks for Private Funds in 2017

Private investment funds and advisers are likely to face new regulatory challenges and increased litigation risks in 2017, not only because of a change in the administration, but also because many advisers have not corrected and…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Securities Law
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