On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more
1/6/2023
/ Compliance ,
Enforcement ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Preemption ,
Proposed Rules ,
Restrictive Covenants ,
SCOTUS ,
Shareholders ,
West Virginia v EPA
In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The EEOC has rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the “Policy Statement”), which set forth the Commission’s position that...more
In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more
1/25/2019
/ #MeToo ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
First Amendment ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Janus v AFSCME ,
Joint Employers ,
LGBTQ ,
Local Ordinance ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
NLRA ,
NLRB ,
Paid Leave ,
Public Employees ,
Public Sector Unions ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Union Dues
A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more
8/7/2015
/ Adverse Employment Action ,
Corporate Counsel ,
Demotions ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
McDonnell Douglas Formula ,
Motion to Dismiss ,
Pleading Standards ,
Popular ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Title VII ,
Twombly/Iqbal Pleading Standard