Latest from Law and the Workplace
On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”). The Order declares that the United States will only recognize two sexes, male and female, and states that these sexes are…
Practice Area Focused Blogs
California Employment Law Update
As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious matters, including discussions about unionization. California joins…
Continue ReadingGovernment Contractor Compliance & Regulatory Update
Breaking: President Trump Rescinds Executive Order 11246
On January 21, 2025, President Trump issued a broad executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which among other things, rescinds Executive Order (“EO”) 11246. EO 11246 is the underpinning for government contractor race and…
Continue ReadingWhat’s Next for OFCCP Under The Second Trump Term?
Labor Relations Update
Third Circuit Brews a Limit on NLRB’s Remedial Authority
On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully terminated employees for “all…
Continue ReadingFederal District Court in D.C. Strikes Down Removal Protections for ALJs
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
401(k) Plan Fiduciaries Breached ERISA’s Duty of Loyalty By Allowing ESG Interests To Influence Management Of The Plan
Last week, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas, issued the first-of-its-kind ruling on the merits pertaining to environmental, social, and corporate governance (“ESG”) investing in ERISA-covered retirement plans. In his 70-page Opinion…
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