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On October 28, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 2-1 to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The rescission, announced on October 29, is effective immediately. According…
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California Employment Law Update
Ninth Circuit Keeps CA’s Captive Audience Ban on Ice
On October 29, 2026, in California Chamber of Commerce v. Bonta, the Ninth Circuit affirmed the Eastern District of California’s preliminary injunction blocking enforcement of California’s “captive audience” meeting law, which prohibits employers from conducting mandatory meetings about certain…
Continue Reading“Headless” PAGA Claims Get Their Day: Leeper Set for November 3
California’s 2027 Employment Laws: More Rules, Higher Stakes
Government Contractor Compliance & Regulatory Update
OFCCP New Rule Eliminates Many Disability-Related Obligations
Quick Hit: The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued a final rule significantly revising the regulations implementing Section 503 of the Rehabilitation Act of 1973. Although the rule is scheduled for publication in…
Continue ReadingLabor Relations Update
Ninth Circuit Keeps California’s Captive Audience Ban on Ice
On October 29, 2026, in California Chamber of Commerce v. Bonta, the Ninth Circuit affirmed the Eastern District of California’s preliminary injunction blocking enforcement of California’s “captive audience” meeting law, which prohibits employers from conducting mandatory meetings about certain…
Continue ReadingProskauer Whistleblower Defense
ARB Potentially Expands SOX Coverage for Private Companies and Broadly Interprets Protected Activity Standard
The U.S. Department of Labor Administrative Review Board (“ARB”) extended the potential reach of SOX whistleblower coverage to private companies whose subsidiaries are partially owned by a publicly traded company. It also confirmed that reports to external auditors and concerns…
Continue ReadingEmployee Benefits & Executive Compensation
“Red Flags” Mental Health Parity Guidance Provides Practical Tips for Plan Sponsors and Hints at Future Rulemaking Priorities
On the same day the Department of Labor’s Employee Benefits Security Administration (“EBSA”) issued Field Assistance Bulletin No. 2026-03, EBSA also posted a companion “red flags” guidance document to assist plan sponsors in identifying mental health parity compliance issues (the…
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