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Law and the Workplace

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Accessibility & Accommodation

Second Circuit Clarifies ADA Standard on Reasonable AccommodationsFlorida HR Considerations: Marijuana in the Workplace View More…

Appeals

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS ReviewDOL Appeal of Decision Invalidating 2024 Overtime Rule Likely on Last Legs View More…

Arbitration

Federal Law Prohibiting Pre-Dispute Arbitration of Sexual Harassment and Sexual Assault Claims Not Retroactive, New Jersey Court ConfirmsU.S. House Passes Bill that Places Future of Arbitration Agreements at Risk View More…

Artificial Intelligence

Executive Order 14319: Implications for A.I. Use in the Workplace[Podcast] AI Bias Audits View More…

Background Checks

New York State to Restrict Use of Consumer Credit Information in Hiring and Employment View More…

Burden of Proof

Sixth Circuit Confirms Employees Must Report Time Worked View More…

Class/Collective Action

New York Governor’s Proposed FY25 Budget Includes Measure to Eliminate Liquidated Damages for Pay Frequency ViolationsIll. Supreme Court: All BIPA Claims Have a Five-Year Statute of Limitations View More…

Coronavirus

New York State COVID-19 Sick Time Requirement to Sunset on July 31, 2025Enacted New York State Budget Includes First-in-Nation Statewide Paid Prenatal Leave (But Other Proposals are Left on the Table) View More…

Discrimination, Harassment and Retaliation

Fourth Circuit Allows DEI-Related Executive Orders to ProceedEEOC Rescinds Biden-Era Enforcement Guidance on Harassment in the Workplace View More…

Drugs in the Workplace

Washington, D.C. Bill Would Limit Employers’ Ability to Discipline Based on Marijuana Testing View More…

Due Process

Stay of Tobacco Judgment Has Broad Class Action Implications View More…

Equal Employment Opportunity Commission (EEOC)

EEOC Rescinds Biden-Era Enforcement Guidance on Harassment in the WorkplaceEEOC Issues Updated Guidance on National Origin Discrimination View More…

Fact and Fiction Series

Immigration Fact and Fiction for the U.S. Employer: H-1 Extensions for Applicants for Permanent Residence are Alive and WellImmigration Fact and Fiction for the U.S. Employer: Abrupt Change to Advance Parole Adjudications Without Clear Policy Objective – A Modest Proposal View More…

FCRA

CA Appellate Court Addresses “Willfulness” Standard Under FCRA View More…

Federal Contractors

Attorney General Pam Bondi Issues DEI Guidance to Recipients of Federal FundsPotential Government Shutdown – What Every Federal Contractor Needs to Know View More…

FLSA

The Long Arm of FLSA Retaliation: Lessons from the Ninth Circuit's Decision in HollisDOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review View More…

Higher Education

Supreme Court Overturns Affirmative Action Precedent in Higher EducationNLRB Prevents Northwestern Football Players from Unionizing; Refuses to Play the Game as to Whether College Athletes are Considered Employees View More…

Hiring/Background Checks

E-Verify Users Must Now Generate Status Change Reports to Identify Terminated Work AuthorizationsNew York Clean Slate Act Takes Effect on November 16, 2024, With New Obligations for Employers Running Criminal Background Checks View More…

Immigration

E-Verify Users Must Now Generate Status Change Reports to Identify Terminated Work AuthorizationsDHS Rule Will Permit Remote I-9 Authorizations on a Permanent Basis View More…

Independent Contractor

Expanded Protections for New York City Contracted Delivery Workers Take EffectFederal Court Once Again Upholds Enforcement of New Jersey’s Temporary Workers’ Bill of Rights View More…

Leaves of Absences

ENACTED: NYC Council Approves Bill Expanding Safe & Sick Leave EntitlementsDOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA View More…

Litigation and Arbitration

U.S. House Passes Bill that Places Future of Arbitration Agreements at RiskSeventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA View More…

Meal breaks

Ninth Circuit Affirms Denial of Class Certification for Wage and Hour Claims on Predominance GroundsSixth Circuit Confirms Employees Must Report Time Worked View More…

Misclassification

DOL’s New Independent Contractor Rule: A Return to 2020District of Massachusetts Grants Class Certification but denies Summary Judgment in Independent Contractor Misclassification Case View More…

National Labor Relations Board

NLRB GC Issues Guidance Memo on “Securing Full Remedies for All Victims of Unlawful ConductNLRB Regional Director Targets Noncompetes in New Complaint View More…

Non-Competes and Protection of Corporate Assets

New California and New York Laws Target “Stay-or-Pay” ArrangementsForfeiture Clauses Triggered by Non-Solicitation Breaches Do Not Fall Under Massachusetts Noncompetition Agreement Act View More…

Paid Family Leave

Updates in Illinois Employment Law: Neonatal Intensive Care Leave, Military Funeral Honors and Paid Break Time for Nursing MothersNew York Paid Family Leave Law: Are You Ready for 2025? View More…

Paid Sick Leave

Proposed Rules Issued on Recent NYC Earned Safe and Sick Time Act AmendmentsNew York State COVID-19 Sick Time Requirement to Sunset on July 31, 2025 View More…

Pay Equity

NYC to Join Other Jurisdictions in Requiring Employer Pay Data ReportingNYC Council Approves Bills to Require Employer Pay Data Reporting View More…

Performance Management, Discipline & Termination

New York State Employers Must Provide Updated Record of Employment to Separating Employees (and Beyond)Employers Face New Reporting Obligations and Other Changes Under New Jersey Unemployment Compensation Law View More…

Presidential Actions and Executive Orders

Fourth Circuit Allows DEI-Related Executive Orders to ProceedJustice Department Launches Initiative Targeting Contractors’ and Grantees’ DEI Programs, Anti-Semitism, and Transgender Policies View More…

Restrictive Covenant

Forfeiture Clauses Triggered by Non-Solicitation Breaches Do Not Fall Under Massachusetts Noncompetition Agreement ActKansas Passes Pro-Employer Restrictive Covenant Legislation View More…

Salary basis

New York State DOL Increases Upstate New York Minimum Wage, Proposes Hike in Upstate Minimum Salary for ExemptionHours bonuses don't undermine FLSA exemptions View More…

Strategic Corporate Planning

Missed Payroll in the Wake of Bank Collapse:  Implications and StrategiesProskauer’s Value Insights Survey is Now Live View More…

The Proskauer Brief Podcast

[Podcast] AI Bias Audits[Podcast] AI at Work: Design Use Mismatches View More…

Title VII

U.S. Supreme Court Holds Majority-Group Plaintiffs Are Not Subject to a Heightened Evidentiary Standard Under Title VIIRace Discrimination Claims by Broadway Actor Sent Back to the Underworld in the Face of Producer’s First Amendment Rights View More…

Trade Secrets

FTC Appeals Texas Federal Court’s Decision Halting Its Noncompete Ban NationallyFederal Trade Commission Approves Final Rule Banning Most Noncompetes View More…

Trump 2.0

Senate Restores EEOC Quorum and Appoints New Wage and Hour Division LeaderPresident Trump Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws View More…

UK Employment Law

Wide Reaching Reform to UK Employment Law Proposed for 2026 View More…

Uncategorized

Fourth Circuit Allows DEI-Related Executive Orders to ProceedMajor Reforms for UK Employment Law: ERA 2025 View More…

Vacation policy

Sweeping Changes Coming to Colorado Wage and Hour and Vacation Pay Rules[Podcast]: Recent Amendments to the New York Earned Sick Time Act View More…

Wage and Hour

Expanded Protections for New York City Contracted Delivery Workers Take EffectBill Amending New York State’s “Stay or Pay” Law Introduced in Legislature View More…

Whistleblower

SEC Issues Largest Whistleblower Bounty Award Ever To One Individual7th Cir. Affirms Summary Judgment On Illinois Whistleblower Act and Illinois Jury Act Retaliation Claims View More…

Workplace Policies and Procedures

New California and New York Laws Target “Stay-or-Pay” ArrangementsMassachusetts Pay Transparency Law Takes Effect October 29 View More…

Workplace Restructuring and WARN

Congress Proposes Major Overhaul of WARN: What Employers Need to Know About the Fair Warning ActNew York State Department of Labor Releases Updated NYS WARN Act Regulations View More…

Workplace Safety

Florida HR Considerations: Marijuana in the WorkplaceUPDATED: New York State Enacts Workplace Violence Prevention Law for Retailers     View More…

Law and the Workplace

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