Latest from Law and the Workplace
On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.” GC Abruzzo states in the memo that she intends to urge…
Practice Area Focused Blogs
California Employment Law Update
California Inches Closer To Killing Arbitration As We Know It…
It’s not like we didn’t tell you so, cuz we did! Just last year, we predicted that the latest assault on employer arbitration rights had the potential to destroy arbitration everywhere in the country. Is Arbitration Becoming “Just Somebody That…
Continue ReadingSeptember 2024 California Employment Law Notes
Government Contractor Compliance & Regulatory Update
United States Government Accountability Office Finds Federal Contracting Rules do not Prohibit Labor Harmony Agreement Requirements
In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor harmony agreements. In 2022, Maximus Federal Services, Inc.
Continue ReadingLabor Relations Update
NLRB GC Abruzzo Issues Memo Calling for Harsher Remedies for Noncompetes and Stay or Pay Provisions That Violate the NLRA
On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National Labor Relations Act.” GC Abruzzo…
Continue ReadingBREAKING: Senate Recesses Before Election Without Voting on NLRB Nominees
Proskauer Whistleblower Defense
Ninth Circuit Revives Rail Worker’s Whistleblower Claims
The Ninth Circuit’s recent decision in Parker v. BNSF Railway Company, 112 F.4th 687 (9th Cir. 2024) underscores the burden faced by employers in defending against whistleblower retaliation claims assessed under the burden-shifting framework of the Federal Railroad Safety Act…
Continue ReadingNinth Circuit Revives Rail Worker’s Whistleblower Claims
Employee Benefits & Executive Compensation
Final Mental Health Parity Regulations Released, with Plan Sponsor Action Required by 2025
Last week, the Departments of Labor, Treasury, and Health and Human Services finalized regulations implementing the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). Although the final regulations step back from certain burdensome aspects of the proposed rules…
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