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NLRB Issues “Fair Choice-Employee Voice” Final Rule

On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that...more

“Texit” Shows No Sign of Stopping – Chevron Says “Howdy, Houston!… Hasta La Vista, California!”

Chevron announced on Friday its plans to relocate its headquarters from Northern California to Houston, Texas. Chevron first began doing business in California nearly 150 years ago in 1879 with the incorporation of the...more

Pennsylvania Federal Court Declines to Preliminarily Enjoin FTC Rule Banning Non-Competes

Earlier today (July 23, 2024), Judge Hodge in the U.S. District Court for the Eastern District of Pennsylvania denied a tree care company’s motion to stay the effective date and preliminarily enjoin the Federal Trade...more

No Limits (Revisited): D.C. Circuit Holds That Hotel Improperly Limited Bargaining Subjects

The D.C. Circuit just issued a cautionary decision to employers trying to set “ground rules” in negotiations that limit the topics of bargaining. As we previously covered, in December 2022, the National Labor Relations Board...more

Proskauer Secures Discharge Status Upgrade for Veteran After Nearly 50 Years

Since 2018, Proskauer has acted as pro bono legal counsel for a veteran who experienced racial discrimination during his service in the U.S. Marine Corps. Our client was stationed at Camp Pendleton in the mid-1970s. At that...more

House Considers Bill Declaring Student Athletes Not Employees

On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...more

Proposed NLRB-EEOC Memo On Racially-Charge Picket Line Speech Paused Pending Hearing

As we’ve discussed previously (see here and here), the National Labor Relations Board (“NLRB”) has recently endeavored to work collaboratively with other federal agencies to combat workplace issues where multiple agencies may...more

Abused California Employers Score A Rare Victory!

The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage...more

EEOC Releases Final Guidance on Harassment in the Workplace

On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace. As Proskauer previously covered, this final guidance follows proposed guidance,...more

California State Senate Proposes “Intersectional” Approach to Overlapping Discrimination Claims

On February 14, 2024, California State Senator Lola Smallwood-Cuevas introduced Senate Bill 1137 (“SB 1137”), a bill that would make California the first state to specifically recognize the concept of “intersectionality.”...more

No Fighting! CalOSHA Releases its Long-Awaited Model Workplace Violence Prevention Plan.

On September 30, 2023, Governor Newsom signed Senate Bill 553 (“SB 553”) into law. Among other things, the new legislation added section 6401.9 to the California Labor Code (“Section 6401.9”), which requires that virtually...more

Chamber of Commerce Lawsuit Pushes Back NLRB Joint-Employer Rule Start Date Again

On February 22, 2024, a judge in the Eastern District Court of Texas issued a stay which will delay the effective start date of the National Labor Relations Board’s (“NLRB”) new joint-employer rule by 14 days, from February...more

Duck and Cover! Two New “Nuclear Verdicts” Put California Employers On Alert

The Los Angeles Superior Court has bestowed some remarkable gifts upon plaintiffs this holiday season. Two juries have issued gigantic verdicts in favor of individual plaintiffs in separate employment lawsuits within the past...more

Top 10 Whistleblowing and Retaliation Events of 2023

2023 was another groundbreaking year for whistleblower litigation and bounty awards. The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more

EEOC Releases Proposed Workplace Harassment Guidelines After Six Year Delay

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more

It Begins…NLRB Regional Director Targets Noncompetes in New Complaint

As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate the National Labor...more

That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”

As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more

Raytheon No More: NLRB Significantly Cuts Down Employers’ Power to Act Unilaterally

In another much-anticipated reversal of existing precedent, as the National Labor Relations Board (“Board”) completes its late-summer flurry before the Labor Day weekend, the Board issued a pair of decisions overruling...more

Not A Clean Break:  Cautionary Tale for Employers Looking To Close Plants

In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more

California Expands FEHA Liability to Include “Institutional Agents” of Employers

California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers...more

EEOC Releases 2022-26 Strategic Plan Highlighting Agency Priorities Regarding Employment Discrimination

On August 22, 2023, the Equal Employment Opportunity Commission (“EEOC”) unveiled its four-year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying...more

EEOC Releases New Guidance on Accommodating Visually-Impaired Employees under the Americans with Disabilities Act

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document titled “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” This guidance explains...more

8/23/2023

West Hollywood Wins The Gold Medal For Highest Minimum Wage In The Nation — $19.08!

The so-called “Fight for 15” – those widespread protests for a $15 minimum wage – are so passé now! As of July 1, 2023, West Hollywood takes the crown for the highest mandated minimum wage in the United States at $19.08.  Why...more

California Supreme Court Expands Employee Whistleblower Protections

The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute (California Labor Code § 1102.5(b)) even if the...more

EEOC Issues Updated “Capstone” Guidance on COVID-19 After Declaration of End of Public Health Emergency

On May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to...more

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