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For a brief moment, noncompete law was headed toward a single national rule. Then the Federal Trade Commission’s (FTC) rule was set aside, the agency abandoned its appeals, and the map splintered. While the federal rule is gone, the policy fight is not—it has simply relocated to state capitols and…
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California Employment Law Update
The Noncompete Map is Splintering
For a brief moment, noncompete law was headed toward a single national rule. Then the Federal Trade Commission’s (FTC) rule was set aside, the agency abandoned its appeals, and the map splintered. While the federal rule is gone, the policy…
Continue ReadingSeptember 2026 California Employment Law Notes
Employee Was Bound By Customer Arbitration Agreement For Off-Duty Ride
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
A More Tailored Approach: Second Circuit Rejects NLRB’s Dress Code Standard
On September 2, 2026, in Siren Retail Corp., d/b/a Starbucks Reserve Roastery v. NLRB, the U.S. Court of Appeals for the Second Circuit vacated and remanded the National Labor Relations Board’s (“NLRB” or “Board”) 2024 decision finding that Starbucks…
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
IRS Proposes Long-Awaited Nondiscrimination Testing Rules for Dependent Care Assistance Programs
Last month, the Treasury Department and the IRS issued proposed regulations that provide guidance on the nondiscrimination testing rules for dependent care assistance programs (DCAPs) under Section 129 of the Internal Revenue Code (the “Code”).
In a welcome and long-awaited…
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