Latest from Law and the Workplace
On October 13, 2026, a divided panel of the U.S. Court of Appeals for the Second Circuit revived a putative collective and class action alleging that discount supermarket chain Lidl failed to pay grocery workers for time spent waiting outside locked stores for a manager to let them in. The…
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
Updated: The Fight Over Columbia Heads West: Stanford Moves to Stay NLRB Election for Undergraduate RA’s
UPDATE: On October 6, 2026, as expected, Residential Assistants United Rising withdrew its petition to represent RAs at Stanford University, rather than risk Columbia being overturned or limited in scope.
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A university may be gearing up to…
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
Straight to Court: Eleventh Circuit Eliminates Exhaustion Defense in ERISA Statutory Suits
On October 13, 2026, the en banc Eleventh Circuit held in Bolton v. Inland Fresh Seafood Corporation of America that ERISA does not require plaintiffs to exhaust a plan’s internal claims procedures before suing in federal court for breach of…
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The Proskauer Brief
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