Latest from Law and the Workplace
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…
Practice Area Focused Blogs
California Employment Law Update
California’s 2027 Employment Laws: More Rules, Higher Stakes
Fall has arrived, and Sacramento once again has supplied California employers with something scarier than Halloween ghouls: another round of workplace legislation. This year’s harvest includes restrictions on artificial intelligence, expanded leave rights, and steeper penalties. There is even a…
Continue ReadingThe Noncompete Map is Splintering
September 2026 California Employment Law Notes
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
The Fight Over Columbia Heads West: Stanford Moves to Stay NLRB Election for Undergraduate RA’s
A university may be gearing up to challenge the Columbia standard, which held that graduate student teaching and research assistants may qualify as employees under the National Labor Relations Act (“Act”) and therefore can unionize.
On September 14, 2026, Stanford…
Continue ReadingA More Tailored Approach: Second Circuit Rejects NLRB’s Dress Code Standard
Proskauer 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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The Proskauer Brief
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