Latest from Law and the Workplace
In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related decisions and processes for recruiting, hiring, promotions, and employee evaluation. As the nation prepares for a second Trump Administration…
Practice Area Focused Blogs
California Employment Law Update
California Takes Steps to Regulate the Use of AI for “Significant Employment Decisions”
On November 8, 2024, the California Privacy Protection Agency (CPPA) voted 4-1 to proceed with formal rulemaking regarding automated decision-making technology (“ADMT”), which the draft regulations define as “any technology that processes personal information and uses computation to execute a…
Continue ReadingNew and Improved PAGA FAQs
A Glimmer of Hope for Employers Defending Against PAGA Claims
Government Contractor Compliance & Regulatory Update
On November 20, 2024, OFCCP announced a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The new list consists of 2,000 federal contractors and subcontractors selected for a Compliance Evaluation, Corporate Management Compliance Evaluation, Functional Affirmative Action…
Continue ReadingLabor Relations Update
Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025. While we anticipate that President-elect Trump will immediately terminate…
Continue ReadingNLRB Delivers Ban on Captive-Audience Meetings in Amazon Case
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
Sixth Circuit Adopts IRS Standard to Determine Whether Activity Constitutes “Trade or Business” for Withdrawal Liability Purposes
Under 29 U.S.C. § 1301(b)(1), all “trades or businesses” under common control with an employer that has withdrawn from a multiemployer pension plan are jointly and severally liable for the employer’s withdrawal liability. The statute does not define what it…
Continue ReadingIRS Creates Standardized Form for Section 83(b) Elections
The Proskauer Brief
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