Author Info for Proskauer - Law and the Workplace

Neil Abramson

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and employment…more

Alternative Fee Arrangements, Arbitration Agreements, Class Action, Electronically Stored Information, Fair Labor Standards Act (FLSA)

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Raymond Arroyo

COVID-19 and the Workplace: Where Do We Stand?

As we have reported previously, on April 10, 2023 President Biden signed legislation ending the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal…more

Americans with Disabilities Act (ADA), Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Responsibilities, Employment Policies

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Noa Baddish

New Jersey Employers be Warned: Changes to New Jersey WARN Likely on the Horizon

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 known…more

Coronavirus/COVID-19, Executive Orders, New Jersey, WARN Act

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Mark Batten

Pay Range Will Be Required in Massachusetts Job Ads Starting July 31, 2025

On July 31, 2024, Massachusetts Governor Maura Healey signed into law new legislation that requires employers with 25 or more employees in Massachusetts to include pay range in job ads. The statute requires that the posted pay…more

EEO, Equal Employment Opportunity Commission (EEOC), Good Faith, Job Ads, Private Right of Action

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Joseph Baumgarten

COVID-19: Navigating WARN Act Issues During These Uncertain Times

As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the extent…more

Coronavirus/COVID-19, Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs

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Allan Bloom

Fifth Circuit Affirms DOL’s Right to Set Salary Minimum for White Collar Exemptions

In its September 11, 2024 opinion in Mayfield v. Department of Labor, the United States Court of Appeals for the Fifth Circuit held that the U.S. Department of Labor’s explicitly delegated authority to “define” and “delimit” the…more

Department of Labor (DOL), EAP, Fair Labor Standards Act (FLSA), Final Rules, Loper Bright Enterprises v Raimondo

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Elise Bloom

New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent

In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of…more

Appellate Jurisdiction, Employees, Employer Liability Issues, Labor Law Violations, New York

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Alexander Blutman

Supreme Court Rules Discriminatory Job Transfers Need Not Produce “Significant” Harm to be Actionable Under Title VII

On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”), holding…more

Civil Rights Act, Discrimination, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Guy Brenner

D.C. Mayor Signs Bill Requiring Compensation Disclosures and Prohibiting Use of Wage History

On January 12, 2024, D.C. Mayor, Muriel Bowser, signed the “Wage Transparency Omnibus Amendment Act of 2023.” If not overturned during the subsequent 30-day Congressional review period, beginning June 30, 2024, employers with at…more

Compensation, Hiring & Firing, New Legislation, Pay Equity Laws, Salary/Wage History

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Edward Brill

Supreme Court Rules Employers Not Required To Pay Employees For Time Spent In Security Screenings

Yesterday the U.S. Supreme Court ruled that the Fair Labor Standards Act did not require employers to pay employees for time spent going through a security screening and waiting in line to be screened. Justice Thomas, writing…more

Amazon, Fair Labor Standards Act (FLSA), Integrity Staffing v Busk, SCOTUS, Security Checks

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Ariel Brotman

Congress Passes Bill Prohibiting Mandatory Arbitration and Class Action Waivers for Sexual Harassment and Sexual Assault Claims

Yesterday, the Senate passed H. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”), by a voice vote. The bill had previously passed the House of Representatives by a vote of 335-97. The…more

#MeToo, Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers

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Anthony Cacace

[Podcast]: Severance Pay Plans & ERISA

In this benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We will discuss the key advantages of having severance pay…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Severance Agreements, Severance Pay

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Lloyd Chinn

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the Federal…more

Administrative Procedure Act, Federal Trade Commission (FTC), Final Rules, FTC Act, Lack of Authority

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E. Sydney Cone

Delaware Court Of Chancery Refuses To Enforce Both Choice of Law Provision And Nationwide Non-Compete

On August 31, 2023, the Delaware Court of Chancery held, with respect to a non-compete provision in an employment agreement, that: (1) the choice of law provision selecting Delaware was “not necessarily binding”; and (2) the…more

Corporate Counsel, Delaware, Employment Policies, Non-Compete Agreements, Pre-Employment Agreements

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Elizabeth Dailey

Significant Workplace Changes in Store under the Biden Administration

From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals…more

ADEA, Anti-Discrimination Policies, Arbitration Agreements, Biden Administration, But For Causation

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Nicole Eichberger

Jury Awards $450,000 For Employer’s Termination of Employee After Receiving Notice About Anxiety Disorder

On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability…more

Adverse Employment Action, Damages, Disability Discrimination, Employer Liability Issues, Employment Litigation

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Laura Fant

Four Things You May Not Know About … USERRA

In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and…more

Anti-Discrimination Policies, Class Action, Employer Group Health Plans, Family and Medical Leave Act (FMLA), Military Service Members

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Scott Faust

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and…more

Appeals, Employee Commissions, Employer Liability Issues, Hiring & Firing, Jury Trial

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Melissa Felcher

CDC Shortens Recommended Isolation and Quarantine Periods for COVID-19 Illness and Exposure

On December 27, 2021, the Center for Disease Control and Prevention (“CDC”) updated its guidance regarding quarantine and isolation periods for the general population after testing positive for or being exposed to COVID-19. The…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, New Guidance

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Rachel Fischer

Supreme Court Rules Discriminatory Job Transfers Need Not Produce “Significant” Harm to be Actionable Under Title VII

On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”), holding…more

Civil Rights Act, Discrimination, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Joshua Fox

NLRB Establishes Stricter Test for Whether Employer Policies and Work Rules Violate the NLRA

Late summer brings picnics, hiking, and general fun. It also brings a slew of NLRB decisions as the agency’s fiscal year comes to an end on September 30. One of the more highly-anticipated decisions concerns the lawfulness of…more

Boeing, Employee Handbooks, Employer Liability Issues, Employment Policies, NLRA

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Meika Freeman

Third Circuit Recognizes Trade Secret Misappropriation Claim by Party Possessing (But Not Owning) the Trade Secret

It is not often that a United States Court of Appeals issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of…more

Aiding and Abetting, Appeals, Bench Trial, Breach of Duty, Compensatory Damages

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Robert Freeman

NYC Council to Consider Series of Bills Aimed at Addressing Workplace Sexual Harassment

The New York City Council will consider a series of bills aimed at preventing and addressing workplace sexual harassment, both in the private sector and in city agencies. The eleven bills, collectively titled the Stop Sexual…more

Amended Rules, Anti-Harassment Policies, City Councils, Complaint Procedures, Employment Discrimination

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Jonathan Gartner

Delaware Supreme Court Validates Forfeiture-For-Competition Provision in Unanimous Reversal of Chancery Court

In a win for businesses that rely on restrictive covenants to protect their assets and investments, on January 29, 2024, the Delaware Supreme Court unanimously reversed a Chancery Court decision that invalidated a…more

Compensation, Compliance, DE Supreme Court, Disbursement Issues, Employment Policies

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Evandro Gigante

Four Things You May Not Know About … USERRA

In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and…more

Anti-Discrimination Policies, Class Action, Employer Group Health Plans, Family and Medical Leave Act (FMLA), Military Service Members

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Jordan Glassberg

DOL Announces Substantial Changes to Guidance Practices

On August 28, 2020, the U.S. Department of Labor (“DOL”) published in the Federal Register a final rule that substantially revises its practices with respect to guidance documents. The “Promoting Regulatory Openness through…more

Corporate Counsel, Databases, Department of Labor (DOL), Executive Orders, Guidance Documents

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David Gobel

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

Federal Bans, Federal Trade Commission (FTC), Final Rules, Injunctive Relief, Non-Compete Agreements

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Pinchos Goldberg

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the Federal…more

Administrative Procedure Act, Federal Trade Commission (FTC), Final Rules, FTC Act, Lack of Authority

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Keisha-Ann Gray

Telecommuting Policies When Inclement Weather Strikes

As my great-grandfather would always say: “Expect the unexpected so when it reaches you you’re not surprised.” Good advice generally . . . but especially today. . . given the chaos caused by recent major weather events. So,…more

Fair Labor Standards Act (FLSA), Natural Disasters, Recordkeeping Requirements, Severe Weather, Telecommuting

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Yonatan Grossman-Boder

NYC Commission on Human Rights Issues Guidelines on Transgender Discrimination

On December 21, 2015, the New York City Commission on Human Rights issued new enforcement guidelines regarding discrimination on the basis of gender identity or expression. While the City Council added transgender protections to…more

Dress Codes, Gender Discrimination, Gender Identity, Hiring & Firing, NYCCHR

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Atoyia Harris

EEOC Finalizes Rule for the Pregnant Workers Fairness Act

On April 19, 2024, the EEOC published its final rule regarding the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires covered employers to provide reasonable accommodations to qualified employees or candidates with a…more

Americans with Disabilities Act (ADA), Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnancy, Pregnant Workers Fairness Act

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Mark Harris

U.S. Supreme Court Stays OSHA Vaccine/Testing Mandate for Employers with 100 or More Employees

On January 13, 2022, the U.S. Supreme Court, in a per curiam opinion, stayed OSHA’s Emergency Temporary Standard (“ETS”) mandating that employers with 100 or more employees require all employees to be fully vaccinated against…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19, Department of Labor (DOL)

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Julia Hollreiser

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its workers…more

Burden of Proof, Exemptions, Fair Labor Standards Act (FLSA), Minimum Wage, Over-Time

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Steven Hurd

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the Federal…more

Administrative Procedure Act, Federal Trade Commission (FTC), Final Rules, FTC Act, Lack of Authority

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Larenz Jones

Third Circuit Upholds New Jersey’s Temporary Workers’ Bill of Rights

On July 24, 2024, the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law (the “Law”). The Circuit Court found that the…more

Commerce Clause, Corporate Counsel, Enforcement, Preliminary Injunctions, Temporary Employees

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Olympia Karageorgiou

D.C. Mayor Signs Bill Requiring Compensation Disclosures and Prohibiting Use of Wage History

On January 12, 2024, D.C. Mayor, Muriel Bowser, signed the “Wage Transparency Omnibus Amendment Act of 2023.” If not overturned during the subsequent 30-day Congressional review period, beginning June 30, 2024, employers with at…more

Compensation, Hiring & Firing, New Legislation, Pay Equity Laws, Salary/Wage History

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Colin Kass

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action…more

Antitrust Division, Department of Justice (DOJ), Due Diligence, Federal Trade Commission (FTC), Hiring & Firing

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Mallory Knudsen

Connecticut Significantly Expands Paid Sick Leave

On May 21, 2024, Governor Ned Lamont signed into law HB 5005, which significantly expands the state’s existing paid sick leave law as described below. Covered Employers and Employees - While Connecticut was the first…more

Connecticut, Governor Lamont, New Legislation, Notice Requirements, Paid Sick Leave

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Arielle Kobetz

New York State Enacts Workplace Violence Prevention Law for Retailers

On September 5, 2024, New York Governor Kathy Hochul signed into law the Retail Worker Safety Act, a bill amending the New York Labor Law to impose certain workplace violence prevention requirements on covered retail…more

New York, Retailers, Retaliation, Workplace Safety, Workplace Violence

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Edward Kornreich

New York State to Fund Bonuses for Certain Healthcare Workers as Part of State Budget

As part of the Fiscal Year 2023 New York state Executive Budget legislation, $1.2 billion in funding has been allocated for the payment of bonuses for certain “frontline” healthcare workers. With the stated goals to…more

Audits, Bonuses, Essential Workers, Healthcare, Healthcare Workers

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Patrick Lamparello

Minneapolis Approves Paid Sick Leave Law

The Minneapolis city council has approved an ordinance requiring employers with six or more employees to provide up to 48 hours of paid sick leave each year. Employers with five or fewer employees will be required to provide up…more

City Councils, Employee Rights, Local Ordinance, New Legislation, Notice Requirements

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Philippe Lebel

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its workers…more

Burden of Proof, Exemptions, Fair Labor Standards Act (FLSA), Minimum Wage, Over-Time

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Michael Lebowich

[Podcast]: Recent Developments Associated With The Coronavirus Pandemic

In this episode of The Proskauer Brief, partners Harris Mufson, Seth Safra, Mike Lebowich and Guy Brenner discuss recent developments associated with the coronavirus (COVID-19) pandemic. Tune in as we address the latest…more

COBRA, Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Layoffs

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Adam Lupion

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

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

#MeToo, Arbitration Agreements, CA Supreme Court, Class Action Arbitration Waivers, Employer Liability Issues

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Allison Lynn Martin

Congress Passes American Rescue Plan: What Employers Need to Know

On March 10, 2021, Congress passed the American Rescue Plan Act of 2021 (“Rescue Plan”), a $1.9 trillion COVID-19 relief package intended to provide continued economic relief to individuals, businesses, and state and local…more

American Rescue Plan Act of 2021, Biden Administration, CARES Act, Coronavirus/COVID-19, Covered Employer

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Tony Martinez

EEOC Prepares to Tackle Artificial Intelligence and Algorithmic Bias

On October 28, 2021, Equal Employment Opportunity Commission (“EEOC”) Chair Charlotte A. Burrows announced that the agency is launching an initiative to ensure that artificial intelligence (“AI”) used at all stages of the…more

Algorithms, Artificial Intelligence, Employer Liability Issues, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Susan McAleavey

New York City Council Introduces Bill to Create an Office of Labor Standards

On April 16, 2015, the New York City Council has introduced a bill (T2015-2812) that seeks to establish an Office of Labor Standards (“Office”). The bill, which would amend the New York City Charter and the Administrative Code…more

Administrative Authority, City Charters, Proposed Amendments, Proposed Legislation

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Katrina McCann

Missed Payroll in the Wake of Bank Collapse: Implications and Strategies

In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing risk…more

Employee Benefits, Fair Labor Standards Act (FLSA), FDIC, Investors, Liability

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Austin McLeod

New Jersey Excludes COVID-19 Layoffs from State WARN Law and Delays Effective Date of Pending Amendments

On April 14, 2020, Governor Phil Murphy signed into law two amendments to the New Jersey WARN Act (the “NJ WARN Act” or the “Act”) that alleviate some of the burdens the Act and certain pending amendments placed on New Jersey…more

Coronavirus/COVID-19, Delays, Governor Murphy, Layoff Notices, Layoffs

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Hannah Morris

Job Applicant’s Algorithmic Bias Discrimination Lawsuit Survives Motion to Dismiss

In a recent development in Mobley vs. Workday, Inc., the United States District Court for the Northern District of California denied in part Workday, Inc.’s (“Workday”) Motion to Dismiss, allowing the Plaintiff to pursue novel…more

ADEA, Algorithms, Americans with Disabilities Act (ADA), Artificial Intelligence, Automated Decision Systems (ADS)

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Matthew Morris

December 31, 2020 Deadline Looms for Illinois Employers to Conduct Sexual Harassment Training

As we have previously noted, effective January 1, 2020, the Illinois Human Rights Act requires Illinois employers to provide employees with sexual harassment prevention training by December 31, 2020, and on at least an annual…more

Anti-Harassment Policies, Employee Training, Employer Liability Issues, Employment Policies, Sexual Harassment

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Dixie Morrison

EEOC Inks First-Ever AI-Based Antidiscrimination Settlement

On August 9, the U.S. Equal Employment Opportunity Commission (“EEOC”) and iTutorGroup, Inc. filed a joint notice of settlement and consent decree announcing the settlement of a discrimination in hiring lawsuit. This settlement…more

ADEA, Anti-Discrimination Policies, Artificial Intelligence, Bias, Equal Employment Opportunity Commission (EEOC)

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Joseph O'Keefe

Federal Trade Commission Approves Final Rule Banning Most Noncompetes

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 to issue a proposed final rule (“Final Rule”), which, absent a successful legal challenge, will ban most noncompete agreements in the United States. Despite…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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Anthony Oncidi

U.S. House Passes Bill that Places Future of Arbitration Agreements at Risk

It’s only been two weeks since President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Ending Forced Arbitration Act”) into law, and there is already a new major development…more

Arbitration, Arbitration Agreements, Class Action, Labor Reform, Proposed Legislation

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Steven Pearlman

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the Federal…more

Administrative Procedure Act, Federal Trade Commission (FTC), Final Rules, FTC Act, Lack of Authority

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Morgan Peterson

$22 Million FLSA Verdict Illustrates the Significance of Brief Unpaid Work Tasks

On May 9, the U.S. Department of Labor (“DOL”) secured its largest Fair Labor Standards Act (“FLSA”) jury verdict in history, when a jury in the Eastern District of Pennsylvania awarded $22 million to a class of approximately…more

Coronavirus/COVID-19, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Jury Verdicts, Unpaid Wages

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Whitney Phelps

New York State to Fund Bonuses for Certain Healthcare Workers as Part of State Budget

As part of the Fiscal Year 2023 New York state Executive Budget legislation, $1.2 billion in funding has been allocated for the payment of bonuses for certain “frontline” healthcare workers. With the stated goals to…more

Audits, Bonuses, Essential Workers, Healthcare, Healthcare Workers

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Rachel Philion

New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent

In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2023 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of…more

Appellate Jurisdiction, Employees, Employer Liability Issues, Labor Law Violations, New York

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Steven Porzio

Significant Workplace Changes in Store under the Biden Administration

From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals…more

ADEA, Anti-Discrimination Policies, Arbitration Agreements, Biden Administration, But For Causation

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Robert Projansky

[Podcast]: Severance Pay Plans & ERISA

In this benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We will discuss the key advantages of having severance pay…more

Employee Benefits, Employee Retirement Income Security Act (ERISA), Severance Agreements, Severance Pay

See all updates »

Alexandra Rueckle Reynolds

Pay Range Will Be Required in Massachusetts Job Ads Starting July 31, 2025

On July 31, 2024, Massachusetts Governor Maura Healey signed into law new legislation that requires employers with 25 or more employees in Massachusetts to include pay range in job ads. The statute requires that the posted pay…more

EEO, Equal Employment Opportunity Commission (EEOC), Good Faith, Job Ads, Private Right of Action

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P. Kramer Rice

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its workers…more

Burden of Proof, Exemptions, Fair Labor Standards Act (FLSA), Minimum Wage, Over-Time

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Margo Richard

New York City Council Establishes Private Right of Action for NYC Earned Safe and Sick Time Act Violations

The New York City Council has passed a bill that creates a private right of action for individuals claiming violations of the NYC Earned Safe and Sick Time Act (“ESSTA”). The Council presented the bill to Mayor Eric Adams on…more

City of New York, Corporate Counsel, Labor Law Violations, New Legislation, Paid Sick Leave

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Howard Robbins

[Podcast]: U.K. Law for U.S. Employers

In this episode of The Proskauer Brief, New York partner Howard Robbins and London partner Dan Ornstein discuss how U.K. laws affect U.S. employers. As if dealing with U.S. employment laws are not difficult enough, international…more

Collective Redundancy Consultations, Employee Rights, Employment Discrimination, Gig Economy, Harassment

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Abigail Rosenblum

New Jersey Employers be Warned: Changes to New Jersey WARN Likely on the Horizon

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 known…more

Coronavirus/COVID-19, Executive Orders, New Jersey, WARN Act

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Matthew Rosenthal

New York State Legislature Approves Law That Prohibits No Fault Attendance Policies

The New York State legislature recently passed a bill (Senate Bill S1958A) that, if and when enacted into law, would amend the New York Labor Law to clarify that employers who maintain “no fault” or absence control policies may…more

Absenteeism, Adverse Employment Action, Attendance, Employer Liability Issues, Employment Policies

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Seth Safra

[Podcast]: Recent Developments Associated With The Coronavirus Pandemic

In this episode of The Proskauer Brief, partners Harris Mufson, Seth Safra, Mike Lebowich and Guy Brenner discuss recent developments associated with the coronavirus (COVID-19) pandemic. Tune in as we address the latest…more

COBRA, Coronavirus/COVID-19, Employer Liability Issues, Furloughs, Layoffs

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Jurate Schwartz

Four Things You May Not Know About … USERRA

In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things employers may not know about the federal Uniformed Services Employment and…more

Anti-Discrimination Policies, Class Action, Employer Group Health Plans, Family and Medical Leave Act (FMLA), Military Service Members

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Andrew Sherwood

N.Y. Court of Appeals Delivers Wage and Hour Victory to Home Care Industry Employers

On March 26, 2019, New York’s highest court delivered a victory for employers in the home care industry, clarifying that employers need only compensate home health aides for 13 hours of a 24-hour shift, provided the employees…more

Agency Deference, Appeals, Class Certification, Home Health Care, Home Healthcare Workers

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Jonathan Slowik

Illinois the Latest State to Enact Legislation Regulating Employers’ Use of AI

On August 9, 2024, Illinois Governor JB Pritzker signed into law HB3773, a bill amending the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). The amendment clarifies that it is a civil rights…more

Artificial Intelligence, Automated Decision Systems (ADS), Employment Policies, Human Rights, Illinois

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Andrew Smith

DOL's “New” PAID Self-Reporting Program of Questionable Value to Employers

Earlier this week, the U.S. Department of Labor’s Wage and Hour Division announced the upcoming launch of a “new” pilot program called the Payroll Audit Independent Determination program (“PAID”). Under PAID, employers can come…more

Audits, Corporate Counsel, Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Shanice Smith-Banks

New Proposed Rules on New York City Law to Regulate Use of Automated Hiring Tools

On Friday, September 23rd, the New York City Department of Consumer and Worker Protection issued a Notice of Public Hearing and Opportunity to Comment on Proposed Rules (“Proposed Rules”) related to Local Law 144 (“the Law”), a…more

Audits, Automation Systems, Hiring & Firing, Job Applicants, Proposed Rules

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Margaret Swetman

Louisiana Enacts Workplace Protections for Employees Disabled due to Pregnancy and Limits the Use of Criminal Background Checks in Hiring

Louisiana employers should be aware of two new laws which went into effect on August 1, 2021. The first, Act 393, provides for reasonable accommodations of employees who become temporarily disabled due to certain…more

Background Checks, Ban the Box, Conditional Job Offers, Criminal Background Checks, Employer Liability Issues

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Scott Tan

Texas Federal Court Sets Aside FTC’s Non-Compete Rule, Halting It From Taking Effect on September 4, 2024

On August 20, 2024, in Ryan LLC v. Federal Trade Commission, No. 3:24-cv-00986-E (N.D. Tex.), the United States District Court for the Northern District of Texas granted summary judgment to the plaintiffs and ordered the Federal…more

Administrative Procedure Act, Federal Trade Commission (FTC), Final Rules, FTC Act, Lack of Authority

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Nigel Telman

Supreme Court Rules Discriminatory Job Transfers Need Not Produce “Significant” Harm to be Actionable Under Title VII

On April 17, 2024, the United States Supreme Court ruled on the standard under which a plaintiff can proceed with a claim for a discriminatory job transfer under Title VII of the Civil Rights Act of 1964 (“Title VII”), holding…more

Civil Rights Act, Discrimination, Employee Transfers, Employer Liability Issues, Employment Discrimination

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Mark Theodore

NLRB Establishes Stricter Test for Whether Employer Policies and Work Rules Violate the NLRA

Late summer brings picnics, hiking, and general fun. It also brings a slew of NLRB decisions as the agency’s fiscal year comes to an end on September 30. One of the more highly-anticipated decisions concerns the lawfulness of…more

Boeing, Employee Handbooks, Employer Liability Issues, Employment Policies, NLRA

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Chad Thornton

Enacted New York State Budget Includes First-in-Nation Statewide Paid Prenatal Leave (But Other Proposals are Left on the Table)

On April 20, 2024, New York Governor Kathy Hochul signed into law New York State’s Budget for fiscal year 2025. The enacted Budget includes appropriation bills and other legislation required to carry out the budget for the…more

Employee Handbooks, Lactation Accommodation, Pregnancy, State Budgets

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Dakota Treece

Reminder: Illinois Equal Pay Registration Certificate Deadline Approaching

The Illinois Equal Pay Act (“IEPA”) was previously amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate (“EPRC”) by March 23, 2024, and every two years…more

Compliance, Deadlines, Department of Labor (DOL), EEO-1, Equal Pay

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Jacob Tucker

Eleventh Circuit Narrows Nationwide Injunction On President Biden’s Contractor Vaccine Mandate

On August 26, the Eleventh Circuit issued its long-awaited decision in State of Georgia, et al v. President of the United States, et al, Case No. 21-14269. The Eleventh Circuit upheld, but narrowed, an existing nationwide…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Enforcement, Federal Contractors

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Claudia Khoury-Yacoub

Eleventh Circuit Narrows Nationwide Injunction On President Biden’s Contractor Vaccine Mandate

On August 26, the Eleventh Circuit issued its long-awaited decision in State of Georgia, et al v. President of the United States, et al, Case No. 21-14269. The Eleventh Circuit upheld, but narrowed, an existing nationwide…more

Biden Administration, Coronavirus/COVID-19, Employer Mandates, Enforcement, Federal Contractors

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Edward Young

Illinois the Latest State to Enact Legislation Regulating Employers’ Use of AI

On August 9, 2024, Illinois Governor JB Pritzker signed into law HB3773, a bill amending the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI). The amendment clarifies that it is a civil rights…more

Artificial Intelligence, Automated Decision Systems (ADS), Employment Policies, Human Rights, Illinois

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