On July 26, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued a final rule (the “2024 Rule”), codified at 29 C.F.R. 103.20–22, rescinding an earlier rule the Board issued in April 2020 (the “2020 Rule”) that...more
Chevron announced on Friday its plans to relocate its headquarters from Northern California to Houston, Texas. Chevron first began doing business in California nearly 150 years ago in 1879 with the incorporation of the...more
Earlier today (July 23, 2024), Judge Hodge in the U.S. District Court for the Eastern District of Pennsylvania denied a tree care company’s motion to stay the effective date and preliminarily enjoin the Federal Trade...more
The D.C. Circuit just issued a cautionary decision to employers trying to set “ground rules” in negotiations that limit the topics of bargaining. As we previously covered, in December 2022, the National Labor Relations Board...more
Since 2018, Proskauer has acted as pro bono legal counsel for a veteran who experienced racial discrimination during his service in the U.S. Marine Corps. Our client was stationed at Camp Pendleton in the mid-1970s. At that...more
On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...more
As we’ve discussed previously (see here and here), the National Labor Relations Board (“NLRB”) has recently endeavored to work collaboratively with other federal agencies to combat workplace issues where multiple agencies may...more
The California Supreme Court handed employers a consolation prize this week, holding that an employer does not incur monetary penalties if there is a reasonable, good faith dispute over whether the employer violated the wage...more
On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace.
As Proskauer previously covered, this final guidance follows proposed guidance,...more
5/7/2024
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corrective Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
Investigations ,
LGBTQ ,
Pregnancy Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
On February 14, 2024, California State Senator Lola Smallwood-Cuevas introduced Senate Bill 1137 (“SB 1137”), a bill that would make California the first state to specifically recognize the concept of “intersectionality.”...more
On September 30, 2023, Governor Newsom signed Senate Bill 553 (“SB 553”) into law. Among other things, the new legislation added section 6401.9 to the California Labor Code (“Section 6401.9”), which requires that virtually...more
3/11/2024
/ Cal-OSHA ,
California ,
Governor Newsom ,
Labor Code ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
On February 22, 2024, a judge in the Eastern District Court of Texas issued a stay which will delay the effective start date of the National Labor Relations Board’s (“NLRB”) new joint-employer rule by 14 days, from February...more
The Los Angeles Superior Court has bestowed some remarkable gifts upon plaintiffs this holiday season. Two juries have issued gigantic verdicts in favor of individual plaintiffs in separate employment lawsuits within the past...more
2023 was another groundbreaking year for whistleblower litigation and bounty awards.
The U.S. Securities and Exchange Commission shattered records by issuing a $279 million award and continued to actively enforce the...more
12/20/2023
/ CFTC ,
Department of Justice (DOJ) ,
Dodd-Frank ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Fraud ,
Medicare Billing Privileges ,
OSHA ,
Qui Tam ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Separation Agreement ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblower Awards ,
Whistleblower Protection Policies ,
Whistleblowers
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) published long-anticipated proposed guidance related to workplace harassment. If adopted by the EEOC, the enforcement guidance would supersede four...more
10/9/2023
/ ADEA ,
Anti-Discrimination Policies ,
Bostock v Clayton County Georgia ,
Canada ,
Causation ,
Compliance ,
Employer Liability Issues ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Proposed Guidance ,
SCOTUS ,
Title VII ,
Workplace Harassment Guidance
As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate the National Labor...more
10/4/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Section 7 ,
State Labor Laws ,
Trade Secrets ,
Unions
As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more
9/28/2023
/ Administrative Law Judge (ALJ) ,
Cannabis-Related Businesses (CRBs) ,
Cemex ,
Corporate Counsel ,
Disciplinary Proceedings ,
NLRB ,
Retroactive Application ,
Secret Ballot ,
Termination ,
Unfair Labor Practices ,
Union Organizers ,
Unions
In another much-anticipated reversal of existing precedent, as the National Labor Relations Board (“Board”) completes its late-summer flurry before the Labor Day weekend, the Board issued a pair of decisions overruling...more
In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more
California’s Fair Employment and Housing Act (FEHA) is already one of the most employee-friendly state civil rights laws in the country. Until now, it was not clear whether employees could sue not only their direct employers...more
On August 22, 2023, the Equal Employment Opportunity Commission (“EEOC”) unveiled its four-year Strategic Plan for Fiscal Years 2022-2026 that it will use as a framework to advance its goals of preventing and remedying...more
On July 26, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document titled “Visual Disabilities in the Workplace and the Americans with Disabilities Act.” This guidance explains...more
8/23/2023
The so-called “Fight for 15” – those widespread protests for a $15 minimum wage – are so passé now! As of July 1, 2023, West Hollywood takes the crown for the highest mandated minimum wage in the United States at $19.08. Why...more
The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute (California Labor Code § 1102.5(b)) even if the...more
On May 15, 2023, the Equal Employment Opportunity Commission (“EEOC”) released updates to its “technical assistance” on COVID-19-related discrimination concerns in the workplace. The updated guidelines come in response to...more