Almost three years ago – in January of 2020 – New Jersey Governor Phil Murphy signed Senate Bill 3170 into law, which provided significant amendments to the Millville Dallas Airmotive Plant Job Loss Notification Act – also...more
On June 28, 2021, the United States District Court for the Northern District of California granted the Company’s Rule 12(b)(6) motion to dismiss after an executive claimed he was discharged in violation of the Dodd-Frank...more
11/11/2021
/ Brazil ,
Department of Justice (DOJ) ,
Dismissals ,
Dodd-Frank ,
Extraterritoriality Rules ,
Federal Rule 12(b)(6) ,
Government Investigations ,
Hiring & Firing ,
Internal Reporting ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
Statutory Violations ,
Tax Fraud ,
Whistleblower Protection Policies ,
Whistleblowers
On July 29, 2021, President Biden announced that “to help protect workers and their communities,” all employees of federal contractors working onsite at government facilities will be asked to “attest to their vaccination...more
7/30/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health ,
Vaccinations ,
Workplace Safety
On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of...more
On May 28, the EEOC issued updated and expanded guidance for employers, addressing many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: (1) mandatory...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more
4/2/2021
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Confidentiality Agreements ,
Elon Musk ,
Employee Rights ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Section 7 ,
Tesla ,
Twitter ,
Unions
As we previously reported, shortly after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) as part of a new Executive Order focusing on “Advancing...more
On January 8, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) published an opinion letter responding to an unidentified religious organization’s request for clarification on the “scope of the legal...more
The federal Families First Coronavirus Response Act (“FFCRA”), which requires that employers with fewer than 500 employees provide sick and family leave benefits for certain COVID-19 related reasons, is due to sunset on...more
Quick Hit:
On December 22, 2020, a federal judge issued a nationwide preliminary injunction enjoining sections of President Trump’s recent “Combatting Race and Sex Stereotyping” Executive Order (the “Executive Order”) that...more
On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations are largely...more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Quick Hit:
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued its final rule enhancing the religious exemption for federal government contractors already contained...more
As we previous reported, on October 30, 2020, Proskauer filed an amicus brief on behalf of 25 leading colleges and universities in support of a preliminary injunction, and, in the alternative, for partial summary judgment...more
12/8/2020
/ Administrative Procedure Act ,
Amicus Briefs ,
Colleges ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Foreign Workers ,
Pro Bono ,
Public Interest ,
State and Local Government ,
Universities ,
Visas
Quick Hit:
On November 2, 2020, LGBT advocacy groups filed the second challenge to President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). Like the first lawsuit, this lawsuit...more
11/5/2020
/ Bias ,
Diversity ,
Due Process ,
Employee Training ,
Equal Protection ,
Executive Orders ,
Federal Funding ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
LGBTQ ,
OFCCP ,
Sexual Stereotyping ,
Trump Administration
Quick Hit:
On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). The Complaint alleges that the Order...more
11/3/2020
/ Bias ,
Department of Labor (DOL) ,
Diversity ,
Due Process ,
Employee Training ,
Equal Protection ,
Executive Orders ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Sexual Stereotyping ,
Trump Administration
Quick Hit:
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued guidance on President Trump’s September 22, 2020 “Executive Order on Combatting Race and Sex Stereotyping” (the...more
Quick Hit:
On September 22, 2020, President Trump issued an “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”). The Order, among other things, requires new contracts entered into with the federal...more
The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of Advice (“Advice”), the...more
8/18/2020
/ CARES Act ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Liability Issues ,
Layoffs ,
NLRA ,
NLRB ,
Popular ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Unions ,
Workplace Safety
Amid the COVID-19 pandemic, Colorado Governor Jared Polis signed the Healthy Families and Workplaces Act (“the Act”) into law. Beginning next year (or later for small employers), the Act will require employers in Colorado to...more