Law and the Workplace
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Alexandra Oxyer

Alexandra “Alex” S. Oxyer is an associate in the Labor & Employment Law Department.

Alex concentrates her practice in complex employment litigation and employment law counseling, including advising clients on issues related to hiring and firing, workplace investigations, employment policies, and wage and hour compliance. She regularly defends companies in all aspects of employment litigation, including claims of discrimination, harassment and retaliation, and breach of restrictive covenants (e.g., noncompetition and nonsolicitation). She has handled such cases before state and federal courts throughout the country, as well as before the U.S. Equal Employment Opportunity Commission, the Illinois Department of Human Rights, the Indiana Civil Rights Commission, the American Arbitration Association, and the Department of Labor.

Prior to joining Proskauer, Alex was a cum laude graduate from Indiana University Maurer School of Law. She previously practiced at a national management-side employment law firm, and in addition to her experience in private practice, Alex also worked as in-house counsel for a large public university. As in-house counsel, Alex investigated, managed, and resolved a wide range of disputes in the student affairs and employment areas, including single and multi-plaintiff discrimination, harassment, retaliation, and wage & hour issues.

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Implications of and Open Questions Regarding the N.Y. State Legislature’s Passage of Bill Banning Non-Competes

On June 21, 2023, the New York State Assembly passed a sweeping bill (Bill No. S03100/A1278B — An Act to Amend the Labor Law, in Relation to Prohibiting Non-Compete Agreements and Certain Restrictive Covenants) that, if it becomes law, would impose a near-total ban on new non-compete agreements within the state or otherwise governed by … Continue Reading

Update: New York State Senate Passes Another Bill With A Broad Ban on Non-Competes

We recently reported on New York Bill No. S03100, which, if enacted, would broadly prohibit non-competition agreements in New York. On the same day, June 7, 2023, the New York Senate also passed Bill No. S6748  (the “Bill”), which would similarly prohibit non-competes. The Bill aims to prevent monopolies, monopsonies, and restraints on trade and … Continue Reading

N.Y. State Senate Passes Ban on Non-Competes

UPDATE: On June 20, 2023, the New York State Assembly also voted in favor of this legislation, and the Bill is now headed to Governor Hochul. If signed by Governor Hochul, New York would become the fifth state to institute a broad ban of non-compete agreements (after California, North Dakota, Oklahoma, and Minnesota). The Bill … Continue Reading

Minnesota Enacts Omnibus Jobs Bill With Major Changes For Minnesota Employers

On May 24, 2023, Minnesota Governor Tim Walz signed into law the Omnibus Jobs Bill SF 3035 (the “Bill”). The Bill has significant implications for employers with employees in Minnesota and includes numerous changes to Minnesota state law, including a sweeping ban on non-compete agreements; a ban on mandatory employer-sponsored meetings; newly mandated statewide paid … Continue Reading

Federal Judge Reverses $105 Million Jury Verdict in Trade Secrets Case

Introduction: Earlier this year, we covered the notable trade secrets verdict in Versata Software Inc. v. Ford Motor Co., No. 2:15-cv-10628 (E.D. Mich. Oct. 26, 2022), in which Versata was awarded $105 million for breach of contract and misappropriation of trade secrets claims against Ford Motor Co. However, on May 1, 2023, the U.S. District … Continue Reading

REMINDER: Chicago Employers Must Complete Sexual Harassment Prevention and Bystander Training by June 30, 2023

On April 27,2022, the Chicago City Council passed SO2022-665, which broadened the Chicago Human Rights Ordinance (the “Ordinance”) and imposed new requirements on Chicago employers with respect to preventing sexual harassment in the workplace.  Pursuant to the Ordinance, all employees working in Chicago must participate in sexual harassment prevention training and bystander training annually. Specifically, … Continue Reading

Lessons Learned From 2022’s Trade Secret Verdicts

Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year.  In 2022, several juries awarded extraordinary verdicts to plaintiffs. These verdicts suggest a growing trend in damages theories and illustrate the importance of expert testimony in both the prosecution and defense of trade … Continue Reading

Illinois Supreme Court Rules that BIPA Violations Accrue with Each Scan

On February 17, 2023, the Illinois Supreme Court ruled that claims under the Biometric Information Privacy Act (“BIPA”) may accrue with each biometric scan and not just on an individual’s first scan.  Cothron v. White Castle System, Inc., 2023 IL 128004. In Cothron, the plaintiff alleged that the employer failed to follow BIPA’s requirements in … Continue Reading

Legislation Seeking to Ban Non-Competes Reintroduced in Congress

On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment non-competition agreements. The bill had been previously introduced in 2018, 2019, and 2021, but it was stalled each time and … Continue Reading

Ill. Supreme Court: All BIPA Claims Have a Five-Year Statute of Limitations

On February 2, 2023, the Illinois Supreme Court reversed in part the decision of an Illinois Appellate Court and held that all claims brought pursuant to Section 15 of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq., are subject to a five-year statute of limitations period. Tims v. Black Horse Carriers, … Continue Reading

Illinois Legislature Passes Paid Leave For All Workers Act

On January 10, 2023, Illinois legislature passed the Paid Leave For All Workers Act (the “Act”), which requires Illinois employers to provide at least 40 hours of paid leave per year to be used for any reason. Governor Pritzker announced that he will sign the Act into law, making it effective on January 1, 2024. … Continue Reading

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.  McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511. Background On August 17, 2017, … Continue Reading
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