Latest from Law and the Workplace
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 non-compete was unenforceable. Centurion Service Group, LLC v. Wilensky, No. 2023-0422-MTZ. This is that court’s second decision in a … Continue Reading
EEOC Issues Proposed Rule for the Pregnant Workers Fairness Act
On August 11, 2023, the EEOC issued a proposed rule regarding the Pregnant Workers Fairness Act (“PWFA”). The PWFA, which took effect on June 27, 2023 requires covered employers to provide reasonable accommodations to qualified employees or candidates with a known limitation related to pregnancy, childbirth or related medical conditions absent undue hardship. Below are … Continue Reading
Fifth Circuit Expands Universe of Title VII Actionable Adverse Employment Actions
On August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit expanded the types of employment actions that may constitute “adverse employment action” under Title VII in Hamilton v. Dallas Cnty., 5th Cir. en banc. No. 21-10133, 8/18/23. Overruling its nearly 30-year precedent that actionable employment actions under Title VII must relate to … Continue Reading
Delaware Chancery Court Points Out “Poor Contract Drafting” in Recent Dismissal
On August 23, 2023, the Delaware Court of Chancery decided Frontline Technologies Parent LLC et al. v. Brian Murphy et al., a case which, in the Court’s view, “presents a textbook example of why parties should ensure their contracts say what they mean and mean what they say.” The lawsuit, filed by Frontline Technologies Group, … Continue Reading
Illinois Enacts Law Requiring “Equal Pay” for Temporary Workers
On August 4, 2023, Illinois Governor Pritzker signed HB2862 (the “Bill”) into law. The Bill requires temporary staffing agencies to provide certain temporary workers with the same pay and benefits as the workers’ directly employed counterparts with “the same level of seniority at the company and performing the same or substantially similar work on jobs … Continue Reading
[Podcast]: The New NLRB standard on Handbook Policies and Workplace Rules
In this episode of The Proskauer Brief, senior counsels Jurate Schwartz, Joshua Fox, and special employment law counsel Laura Fant discuss the new standard on personnel policies and workplace rules set forth by the National Labor Relations Board (NLRB) in its August 1, 2023 decision in Stericycle, Inc., 372 NLRB No. 113 (2023). Be sure to tune in as we discuss why employers … Continue Reading
