Proskauer Rose LLP (LexBlog United States)

5959 results for Proskauer Rose LLP (LexBlog United States)

  • NYC Employers Take Note – “Workers’ Bill of Rights” Website and Poster Released

    The New York City Department of Consumer and Worker Protection (“DCWP”) has published its “Workers’ Bill of Rights” website and associated “Know Your Rights at Work” poster, which NYC employers will be required to begin distributing to employees beginning in July 2024. As we previously reported, the NYC Council approved a bill (returned unsigned by Mayor Eric...

  • Top Ten Regulatory and Litigation Risks for Private Funds in 2024

    To understand the litigation and regulatory risks that are coming in 2024 for private capital, it is helpful to look back briefly on recent events. Arguably, the single most important event over the last 18 months was the rapid increase in interest rates by the central banks in the United States, England, and Europe. From...

  • Race Discrimination Claims by Broadway Actor Sent Back to the Underworld in the Face of Producer’s First Amendment Rights

    A federal court in New York has held that a Broadway musical’s casting decisions—specifically replacing one actor with another actor of a different race—are shielded by the First Amendment from employment discrimination claims, in a decision that could have implications across the entertainment industry. In Moore v. Hadestown Broadway LLC, the plaintiff, a Black woman, brought...

  • New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment

    Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New Jersey and one in New York) that follow New York City’s Local Law 144 (“Local Law 144”), a...

  • SEC Settlement Highlights Risks for 13G Filers When Moving from Passive to Active Status

    The SEC’s recent enforcement settlement involving a fund manager highlights the SEC’s focus on an investor’s “control purpose” triggering the requirement to file on a Schedule 13D as opposed to a short-form 13G. At issue was HG Vora Capital Management’s 5% interest in a public company, and whether it had complied with its obligations to supersede its existing...

  • CDC Ends 5-Day Isolation Guideline for COVID-19, Impacting New York State COVID-19 Paid Sick Leave Requirements

    On March 1, 2024, the Centers for Disease Control and Prevention (“CDC”) repealed its previous guidance advising a 5-day isolation period for individuals testing positive for COVID-19 and issued consolidated guidance on “Preventing Spread of Respiratory Viruses When You’re Sick.” The new guidance provides unified recommendations for isolation and other precautions for individuals with respiratory.

  • New York City Council Introduces Three New Bills Aimed at Non-Competes

    Joining an emerging trend of legislative and regulatory hostility towards non-compete agreements, on February 28, 2024, the New York City Council introduced three new bills proposing restrictions on non-compete agreements in New York City. Int. No. 140 proposes an outright ban on non-compete agreements for all workers in New York City. Int. No. 146 and...

  • Reminder: Illinois Equal Pay Registration Certificate Deadline Approaching

    The Illinois Equal Pay Act (“IEPA”) was previously amended to require private businesses with more than 100 employees in Illinois to obtain an Equal Pay Registration Certificate (“EPRC”) by March 23, 2024, and every two years thereafter. We previously posted about this requirement here and here. Since the IEPA was amended, the Illinois Department of...

  • Fifth Circuit Vacates $365 Million Punitive Damages Award for Title VII Discrimination and Retaliation Claims

    In Harris v. FedEx Corp. Servs., Inc., No. 23-2003, a Fifth Circuit panel vacated a $365 million punitive damages award in race discrimination and retaliation case, finding that the plaintiff Jennifer Harris (“Harris”) failed to show that Fedex Corporate Services, Inc. (“Fedex”) acted with malice or reckless indifference when it terminated her for poor performance....

  • Delaware Supreme Court Validates Forfeiture-For-Competition Provision in Unanimous Reversal of Chancery Court

    In a win for businesses that rely on restrictive covenants to protect their assets and investments, on January 29, 2024, the Delaware Supreme Court unanimously reversed a Chancery Court decision that invalidated a “forfeiture-for-competition” provision in Cantor Fitzgerald’s limited partnership agreement. As we previously reported on this blog, last January the Chancery Court invalidated the...

  • New York City Council Establishes Private Right of Action for NYC Earned Safe and Sick Time Act Violations

    The New York City Council has passed a bill that creates a private right of action for individuals claiming violations of the NYC Earned Safe and Sick Time Act (“ESSTA”). The Council presented the bill to Mayor Eric Adams on December 20, 2023, after which he had 30 days to either sign the bill into...

  • New York Governor Zeroes in on Employee Leave and Benefits, Wage Payment Violations, and More in Proposed FY25 Executive Budget

    On January 17, 2024, New York Governor Kathy Hochul released the proposed Executive Budget for fiscal year 2025. The Budget includes appropriation bills and other legislation required to carry out budgetary recommendations for the coming fiscal year.  This includes a number of proposals that would impact New York employers and employees alike, outlined below. Paid...

  • Judge Grants Workday, Inc.’s Motion to Dismiss in Groundbreaking AI Class Action Lawsuit Mobley v. Workday

    In a recent development in Mobley vs. Workday, Inc., the novel class action lawsuit filed in the United States District Court for the Northern District of California alleging that Workday’s algorithm-based applicant screening tools discriminate against job applicants based on race, age, and disability, the Court granted Workday’s motion to dismiss on January 19, 2024,...

  • New York Governor’s Proposed FY25 Budget Includes Measure to Eliminate Liquidated Damages for Pay Frequency Violations

    On January 17, 2024, New York Governor Kathy Hochul released her proposed Executive Budget for fiscal year 2025.  The budget includes proposed legislation that would amend the New York Labor Law to confirm that liquidated damages are not available as a remedy for a violation of Labor Law § 191(1)(a)(1), which requires—absent a waiver from...

  • D.C. Mayor Approves Law Expanding Reach of D.C. Minimum Wage Law

    On January 10, 2024, D.C. Mayor, Muriel Bowser, signed the “Minimum Wage Clarification Amendment Act of 2023” into law. If the Act is not overturned by Congress, it will expand the circumstances where employers must pay employees D.C.’s minimum wage (currently $17.00 an hour for non-tipped employees). Under existing law, employers are required to pay...

  • D.C. Mayor Signs Bill Requiring Compensation Disclosures and Prohibiting Use of Wage History

    On January 12, 2024, D.C. Mayor, Muriel Bowser, signed the “Wage Transparency Omnibus Amendment Act of 2023.” If not overturned during the subsequent 30-day Congressional review period, beginning June 30, 2024, employers with at least one employee in D.C. will be required to publish wage and benefit information to prospective employees and wage information for...

  • New York Appellate Division Says No Private Action for Violations of Weekly Pay Law, Creating Split in Precedent

    In a hotly anticipated decision, the Appellate Division, Second Department held on January 17, 2024 that no private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of Labor—requires New York employers to pay “manual workers” no less frequently than weekly.  The decision, in Grant v....

  • SEC Approves Exchange Listing Applications for Spot Bitcoin ETPs

    The SEC issued an order approving the applications of 11 different spot Bitcoin exchange-traded products to each list and trade their shares on a national securities exchange. This order represents the first time that the SEC has permitted the listing of an exchange-traded product that invests directly in a cryptocurrency – here, Bitcoin. Read the...

  • New York State Employers Must Provide Updated Record of Employment to Separating Employees (and Beyond)

    New York State employers are reminded that, under an expansion of the law that took effect in late 2023, they are required to provide all separating employees with an updated Record of Employment (Form IA 12.3) for purposes of state Unemployment Insurance benefits. Specifically, NY employers are required to provide the updated form to all...

  • DOL Releases New Independent Contractor Rule

    The U.S. Department of Labor issued its long-awaited new rule on independent contractor classification on January 9, 2024.  It will be published in the Federal Register on January 10, and take effect on March 11, 2024. With only a few substantive clarifications (discussed below), the Final Rule is identical in all material respects to the...

  • White House Clears Independent Contractor Final Rule

    On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act.  The rule now heads back to DOL for publication in the Federal Register, and it is likely to take effect 60 days...

  • New York State Issues Updated Minimum Wage Poster

    The New York State Department of Labor has issued the updated minimum wage poster for “Miscellaneous Industry” employees for 2024.  The update covers all industries other than hospitality, farmworkers, and building service.  The poster outlines the regional minimum hourly rates based on an employee’s work location.  NY employers are required to display the poster in...

  • Governor Hochul Vetoes New York Non-Compete Ban

    After months of speculation and intense lobbying, New York Governor Kathy Hochul vetoed a bill that would have imposed a near-total ban on employee non-competition agreements in New York State. Governor Hochul has long expressed her support for legislation banning non-compete agreements for “low and middle-income” employees, but generally balked at the idea of a...

  • New York Finalizes Increases in Minimum Wage, Minimum Salaries for Exemption in 2024

    On December 27, 2023, the New York State Department of Labor published a Notice of Adoption in the New York State Register, finalizing increases in the minimum wage and minimum salaries for exemption effective January 1, 2024. The minimum wage for employees in New York City, Nassau, Suffolk, and Westchester counties increases to $16 per...

  • Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims

    On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted different standards, with the Eleventh Circuit decision only further deepening the circuit split on the topic. Background In Lapham v. Walgreen Co., No....

  • COVID Screening Time Not Compensable, Says Illinois District Court

    In an opinion issued on December 7, 2023, a federal district court in the Northern District of Illinois held that time spent in COVID screening activities was not compensable under federal or Illinois law. In the underlying collective and class action, Johnson v. Amazon.com Services, LLC, the plaintiffs—warehouse employees whose job duties included moving boxes,...

  • “Workers’ Bill of Rights” Notice and Posting Requirement on the Horizon for New York City Employers

    *UPDATE – The Department of Consumer and Worker Protection has published its “Workers’ Bill of Rights” webpage as well as the required “Your Rights at Work” poster for employers, which links to the webpage.* Beginning in July 2024, New York City employers will be required to distribute information regarding a “workers’ bill of rights” that...

  • New York’s Non-Compete Bill – Gov. Hochul Weighs In

    In what we believe are her first public statements on the New York Legislature’s proposal to ban ostensibly all non-compete agreements in New York, Governor Hochul on Thursday, November 30 reportedly told a group of reporters: “What I’m looking at right now is striking the right balance between protecting low and middle-income workers, giving them...

  • November 2023 California Employment Law Notes

    We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims Disability Discrimination Claim Was Properly Dismissed On Summary Judgment Employee’s Attorney’s “Pervasive...

  • Employees Were Properly Awarded $7.2 Million For Employer’s Breach Of Contract

    Park v. NMSI, Inc., 96 Cal. App. 5th 616 (2023) Julie Park and Danny Chung sued their former employer (NMSI, Inc., a residential mortgage lender) for $7.2 million in profit sharing and related amounts associated with NMSI’s alleged breach of contract, which the trial court granted in the form of prejudgment right to attach orders. NMSI...

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