Steven Hurd
Steve has extensive trial and appellate experience, in both federal and state courts focusing on claims of alleged individual and class discrimination, sexual harassment, wage and hour violations, FINRA, whistleblowing and retaliation, defamation, fraud, breach of contract, wrongful discharge and other statutory and common law claims. Steve also advises clients on employment litigation avoidance, litigation strategy and alternative forms of dispute resolution. Steve also handles matters involving drafting, enforcing, and defending restrictive covenants, and protecting trade secrets.
Steve is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration Practice Group and Media & Entertainment Industry Group, and is a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group.
Steve helps his clients stay in compliance with the ever-changing employment regulations with respect to FLSA and state law wage and hour requirements by providing advice and conducting comprehensive audits. Steve conducts investigations pertaining to reductions-in-force and individual employee terminations, and claims of gender, race, national origin, and disability discrimination.
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On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the culmination of the FTC’s recent efforts, following President Biden’s July 9, 2021 Executive Order on promoting competition in the economy, … Continue Reading
***UPDATE: Governor Hochul signed the bill into law on November 21, 2022. It takes effect on February 19, 2023.*** The New York State legislature recently passed a bill (Senate Bill S1958A) that, if and when enacted into law, would amend the New York Labor Law to clarify that employers who maintain “no fault” or absence … Continue Reading
***UPDATE: In a whiplash-inducing turn, on January 25, 2022, the New York State Appellate Division granted a stay of the Nassau County court’s decision pending determination of the State’s appeal. As such, the mask-or-vaccine requirement remains in effect for the moment. We will continue to monitor and report on further developments.*** On January 24, 2022, … Continue Reading
Effective January 1, 2022, Phila. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to submit to pre-employment drug tests for marijuana use. Specifically, the ordinance makes it an unlawful employment practice for an employer, labor organization, or employment agency (or agent thereof) to require prospective employees to submit to testing for the … Continue Reading
On December 27, 2021, the Center for Disease Control and Prevention (“CDC”) updated its guidance regarding quarantine and isolation periods for the general population after testing positive for or being exposed to COVID-19. The updated guidance shortens the recommended timeframe for isolation following a COVID-19 diagnosis for individuals regardless of vaccination status. It also shortens … Continue Reading
**UPDATE: On December 24, 2021, the bill lapsed into law, retroactive to November 2, 2021.** The New York City Council approved a bill that amends the City’s Earned Safe and Sick Time Act to require employers to provide paid COVID-19 child vaccination leave. Without signature from Mayor Bill de Blasio, the bill lapses into law … Continue Reading
On December 15, 2021, New York City released guidance on the private employer vaccine mandate set to take effect on Monday, December 27. As we previously reported, the mandate will require workers in New York City who perform in-person work or interact with the public to show proof they have received at least one dose … Continue Reading
In this episode of The Proskauer Brief, partners Evandro Gigante and Steve Hurd discuss key developments regarding the COVID-19 pandemic, including employer vaccination policies, the forthcoming OSHA emergency temporary standard and the New York State HERO Act. So be sure to tune in as we explore the latest trends we are seeing in terms of employer-imposed vaccine mandates. … Continue Reading
UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs. Click here to read more about the Court’s decision. On … Continue Reading
New York Governor Kathy Hochul has signed into law a bill that will require certain private employers in the state to automatically enroll their employees in a state-administered retirement savings plan if the employer does not offer its own qualified retirement plan. The law took effect immediately upon signing on October 21, 2021, though employers … Continue Reading
The New York State Department of Labor (“NYDOL”) has issued FAQ guidance addressing common questions regarding recreational cannabis use by employees in and outside of the workplace in light of the enactment earlier this year of the Marijuana Regulation and Taxation Act (“MRTA”). The MRTA legalized the use of recreational marijuana for individuals ages 21 … Continue Reading
***UPDATE: On February 15, 2022, the New York State Commissioner of Health continued the designation of COVID-19 as a “highly contagious communicable disease” pursuant to the HERO Act until March 17, 2022. According to the designation, on March 17, the Commissioner “will review the level of transmission of COVID-19 in New York State and determine … Continue Reading
In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading
The EEOC has rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the “Policy Statement”), which set forth the Commission’s position that agreements requiring mandatory arbitration of discrimination claims as a condition of employment are contrary to the principles of the federal employment discrimination statutes. In … Continue Reading
In this episode of the Proskauer Brief, partners Steven Hurd and Patrick Lamparello discuss recent trends in reductions in force (RIFs) in financial services and some of the main reasons employers are engaging in them. These include automation of jobs or other technological developments, cost reductions, investor preferences, employee redistributions, and even Brexit has been … Continue Reading
The Ninth Circuit went a long way towards answering that question in an en banc decision last week. The key takeaway is that a district court certifying a class for settlement purposes does not have to conduct the same “rigorous analysis” of manageability considerations required when certifying a class for litigation. The decision has major … Continue Reading
In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States Supreme Court and the lower courts, as well as legislative and regulatory developments that affect the workplace. Be sure to tune … Continue Reading
Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously discussed in this blog, the final rule generally requires employers to submit certain injury and illness information electronically. The final rule also enhances anti-retaliation protections … Continue Reading
Yesterday, OSHA issued its long-anticipated final rule regarding injury and illness reporting. The final rule generally requires employers to submit electronically certain injury and illness information. OSHA will place that information on an online searchable database. The final rule also enhances anti-retaliation protections regarding reporting injuries and illnesses in the workplace. OSHA originally proposed the rule in 2013. The proposed … Continue Reading
The Second Circuit recently held in Katz v. Cellco P’Ship d/b/a/ Verizon Wireless, Nos. 14-138, 14-291, 2015 WL 4528658 (2d Cir. July 28, 2015) that, under the Federal Arbitration Act (“FAA”), district courts must stay all proceedings upon a finding that the claims before the court are subject to arbitration if a stay is requested. … Continue Reading
A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York, No.14-1395-cv (2d Cir. August 3, 2015), the panel made a number of important holdings, including on how courts should … Continue Reading
The U.S. Court of Appeals for the Second Circuit has joined the Seventh and Ninth Circuits in holding that an EEOC charge will not toll the statute of limitations on a state-law tort claim. This decision likely will lead to an increase in concurrent filings of state-law tort claims and Title VII federal administrative proceedings … Continue Reading
Federal Trade Commission Proposes Sweeping Ban on Non-Compete Clauses
UPDATED: New York State Enacts Law That Prohibits No Fault Attendance Policies
By Steven Hurd, Matthew Rosenthal and Arielle E. Kobetz on Posted in Workplace Policies and Procedures
(UPDATED) New York State Court Strikes Down Statewide Mask or Vaccine Requirement for Indoor Public Places
By Steven Hurd, Evandro Gigante, Laura Fant and Rebecca Fishbein on Posted in Coronavirus
Philadelphia Enacts Ordinance to Prohibit Pre-Employment Marijuana Testing
By Steven Hurd, Arielle E. Kobetz and Claudia Khoury-Yacoub on Posted in Workplace Policies and Procedures
CDC Shortens Recommended Isolation and Quarantine Periods for COVID-19 Illness and Exposure
By Steven Hurd, Laura Fant and Melissa C. Felcher on Posted in Coronavirus
NYC Employers Must Provide Paid COVID-19 Child Vaccination Leave
By Steven Hurd and Arielle E. Kobetz on Posted in Coronavirus
New York City Issues Guidance on Private Employer COVID-19 Vaccine Mandate
By Evandro Gigante, Steven Hurd, Laura M. Fant, Alex Downie and Caroline Libby on Posted in Coronavirus
[Podcast]: A COVID-19 Employment Law Update
By Evandro Gigante and Steven Hurd on Posted in Coronavirus, The Proskauer Brief Podcast
OSHA Releases Emergency Temporary Standard Requiring Mandatory Vaccination or Weekly Testing for Employers with 100 or More Employees
New York State to Require Certain Private Employers to Automatically Enroll Employees in State Retirement Program
By Steven Hurd and Laura Fant on Posted in Workplace Policies and Procedures
New York Department of Labor Issues Guidance on Cannabis and the Workplace
By Steven Hurd, Alex Downie and Laura Fant on Posted in Discrimination, Harassment and Retaliation
COVID-19 Designated as an Airborne Infectious Disease under New York State’s HERO Act
By Evandro Gigante, Steven Hurd, Laura M. Fant and Alex Downie on Posted in Coronavirus
U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity
By Arielle E. Kobetz, Alex Downie and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements
By Allison Martin and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
[Podcast]: Reduction in Force (RIFs) Trends in the Financial Services Industry
By Patrick Lamparello and Steven Hurd on Posted in The Proskauer Brief Podcast, Workplace Restructuring and WARN
How Do Individualized Issues Impact a Class Action Settlement?
By Andrew A. Smith and Steven Hurd on Posted in Class/Collective Action
[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018
By Adam Lupion and Steven Hurd on Posted in National Labor Relations Board, The Proskauer Brief Podcast
Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule
By Daniel Davis and Steven Hurd on Posted in Workplace Policies and Procedures
OSHA Issues Final Rule Regarding Injury and Illness Reporting
By Daniel Davis and Steven Hurd on Posted in Workplace Policies and Procedures
Second Circuit: FAA Mandates Stay of Claims Pending Arbitration
By Evandro Gigante, Lindsey Chopin, Nigel F. Telman and Steven Hurd on Posted in Litigation and Arbitration
Second Circuit Clarifies Pleading Standard for Title VII Claims
By Evandro Gigante, Jenna Hayes, Nigel F. Telman and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
