Latest from Law and the Workplace
The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave where the employee is also receiving benefits under a state or local paid family…
Practice Area Focused Blogs
California Employment Law Update
Employers’ Wage and Hour FAQs: California Wildfires Edition
Wildfires continue to rage across Southern California, leveling entire neighborhoods, forcing evacuations for tens of thousands of people, and posing incredible hardship on businesses and their employees. Below are a few common scenarios employers should know about paying their California…
Continue ReadingGovernment Contractor Compliance & Regulatory Update
What’s Next for OFCCP Under The Second Trump Term?
With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs (“OFCCP”) and the employment obligations imposed on…
Continue ReadingLabor Relations Update
Third Circuit Brews a Limit on NLRB’s Remedial Authority
On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully terminated employees for “all…
Continue ReadingFederal District Court in D.C. Strikes Down Removal Protections for ALJs
Proskauer Whistleblower Defense
On October 15, 2024, the U.S. Court of Appeals for Third Circuit declined to enforce a preliminary reinstatement order issued by OSHA in favor of two purported whistleblowers under SOX, holding that the former employees lost Article III standing after…
Continue ReadingNinth Circuit Revives Rail Worker’s Whistleblower Claims
Employee Benefits & Executive Compensation
401(k) Plan Fiduciaries Breached ERISA’s Duty of Loyalty By Allowing ESG Interests To Influence Management Of The Plan
Last week, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas, issued the first-of-its-kind ruling on the merits pertaining to environmental, social, and corporate governance (“ESG”) investing in ERISA-covered retirement plans. In his 70-page Opinion…
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The Proskauer Brief
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