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On October 28, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 2-1 to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. The rescission, announced on October 29, is effective immediately. According…
Practice Area Focused Blogs
California Employment Law Update
Oh, One More Thing… After the Verdict Comes the Bill ($3.5 Million in Attorney’s Fees Awarded in California Discrimination Case)
California employers already have plenty of reasons to lose sleep over an impending trial. Here is another one that is occasionally overlooked: After the jury has finished handing out millions, the plaintiff’s lawyers will return to court in due course…
Continue ReadingNinth Circuit Keeps CA’s Captive Audience Ban on Ice
“Headless” PAGA Claims Get Their Day: Leeper Set for November 3
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
As we previously reported, on June 9, 2026, the U.S. House of Representatives voted 230-193 to pass the Faster Labor Contracts Act (“FLCA”), a bill that would radically change how employers and unions bargain a first collective bargaining agreement…
Continue ReadingNinth Circuit Keeps California’s Captive Audience Ban on Ice
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
“Red Flags” Mental Health Parity Guidance Provides Practical Tips for Plan Sponsors and Hints at Future Rulemaking Priorities
On the same day the Department of Labor’s Employee Benefits Security Administration (“EBSA”) issued Field Assistance Bulletin No. 2026-03, EBSA also posted a companion “red flags” guidance document to assist plan sponsors in identifying mental health parity compliance issues (the…
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