Proskauer - Law and the Workplace

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Firm Profile: Proskauer Rose LLP
Eleven Times Square
(Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas Of Practice
  • Labor & Employment Law
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom

DOL Appeal of Decision Invalidating 2024 Overtime Rule Likely on Last Legs

On November 15, 2024, in State of Texas v. United States Dep’t of Labor, the United States District Court for the Eastern District of Texas ruled that the U.S. Department of Labor (DOL) exceeded its rulemaking authority by…more
 /  Administrative Law, Civil Procedure, Labor & Employment Law

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to…more
 /  Administrative Law, Civil Procedure, Labor & Employment Law

EEOC Announces Enforcement Focus on “Illegal Preferences Against American Workers”

On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing…more
 /  Civil Rights, Immigration Law, Labor & Employment Law

[Podcast] AI at Work: Design Use Mismatches

In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are…more
 /  Labor & Employment Law, Science, Computers, & Technology

New Massachusetts Employer EEO Reporting Begins Monday, February 3, 2025

As we previously reported, certain Massachusetts employers will now be required to annually submit Equal Employment Opportunity (EEO) reporting to the state. Massachusetts Governor Maura Healey signed the legislation into law…more
 /  Administrative Law, Civil Rights, Labor & Employment Law

EEOC, Like NLRB, Lacks Quorum, Stalling Rulemaking Under New Administration

On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the “EEOC” or the “Commission”) commissioners Charlotte A. Burrows and Jocelyn Samuels, the two confirmed in separate statements. The…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

Trump Alters AI Policy with New Executive Order

On January 23, 2025, President Trump issued an Executive Order entitled “Removing Barriers to American Leadership in Artificial Intelligence.” The Executive Order seeks to maintain US leadership in AI innovation. To that end,…more
 /  Administrative Law, Elections & Politics, Science, Computers, & Technology

Florida HR Considerations: Marijuana in the Workplace

First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v…more
 /  Civil Rights, Constitutional Law, Labor & Employment Law

White House “Regulatory Freeze” Directive Pauses Most Federal Rulemaking

As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they halt all non-emergency…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

President Trump’s Executive Order on Recognizing Two Sexes: Implications for Private Employers

On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”).  The Order declares…more
 /  Administrative Law, Constitutional Law, Labor & Employment Law

President Trump Issues Sweeping Executive Orders Aimed at DEI

In his inaugural address on Monday, January 20, 2025, President Trump declared, “We will forge a society that is colorblind and merit-based.” In the days that followed, President Trump has proceeded to issue a series of…more
 /  Civil Rights, Government Contracting, Labor & Employment Law

SCOTUS:  No Heightened Standard of Proof Required for FLSA Exemption Defense

In E.M.D. Sales, Inc. v. Cabrera, issued on January 15, 2025, the Supreme Court held that the “preponderance of the evidence” standard—and not the more difficult-to-satisfy “clear and convincing evidence” standard—applies when…more
 /  Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

DOL: Employers Cannot Mandate PTO Use with State/Local Paid Leave Benefits During FMLA

The U.S. Department of Labor Wage and Hour Division (“WHD”) has issued an opinion letter stating that employers cannot require employees to substitute accrued paid time off during a Family and Medical Leave Act (“FMLA”) leave…more
 /  Labor & Employment Law, Workers' Compensation

Second Circuit Reinstates New York Reproductive Health Notice of Rights Requirement for Employee Handbooks

In a January 2, 2025 decision in CompassCare et al. v. Hochul, a Second Circuit panel vacated a permanent injunction issued in April 2022 that halted the requirement that New York State employers include a notice in their…more
 /  Civil Rights, Constitutional Law, Labor & Employment Law

New York City Amends Lactation Room Accommodation Policy Requirements

Effective May 11, 2025, New York City employers will be required to physically and electronically post a copy of their written lactation room accommodation policy. Recently enacted Local Law 109 amends existing language…more
 /  Administrative Law, Civil Rights, Labor & Employment Law
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