The Proskauer Brief: Hot Topics in Labor & Employment Law

In this episode of The Proskauer Brief partner Guy Brenner , who leads Proskauer’s D.C. Labor & Employment practice and is head of the Government Contractor Compliance Group, and Jonathan Slowik , senior counsel, Labor & Employment, in the firm’s Los Angeles office, discuss laws requiring employers who use artificial intelligence (AI) to conduct bias audits and impact assessments to root o...

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 actually used in practice. Many AI developers emphasize their rigorous efforts to eliminate bias, reassuring employers that their tools are fair and objective, but a system desig...

In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of "black box" systems—AI tools whose internal decision-making processes are not transparent.  The internal workings of such systems may not be well understood, even by the developers who...

In part two of our insightful artificial intelligence series, partner Guy Brenner , who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik , senior counsel, Labor & Employment, in the firm’s Los Angeles office, explore the critical issue of AI training data in employment decisions. We discuss how issues...

In this episode of The Proskauer Brief we are joined by partner  Guy Brenner , who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik , senior counsel, Labor & Employment, in the firm’s Los Angeles office. In part one of our insightful artificial intelligence series, we explore what employers need to kno...

In this episode of The Proskauer Brief we are joined by Daryl Leon , one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio , senior counsel in the Labor & Employment Law Department.  Along with partner Steve Pearlman , Daryl and Edna recently published an article in Legal Drive that discusses methods and strategies employers can us...

In this episode of The Proskauer Brief, senior counsels Jurate Schwartz , Joshua Fox , and special employment law counsel  Laura Fant  discuss the new standard on personnel policies and workplace rules set forth by the National Labor Relations Board (NLRB) in its August 1, 2023 decision in  Stericycle, Inc., 372 NLRB No. 113 (2023) . Be sure to tune in as we discuss why employers should take this...

In this episode of The Proskauer Brief, partners  Evandro Gigante ,  Allan Bloom  and special employment law counsel  Laura Fant  discuss the New York City Council's recently proposed amendments to the city's pay transparency law. Presently, an employer is only required to include the “base annual or hourly wage or rate of pay” and not other forms of compensation or benefits offered. The proposed...

In this episode of The Proskauer Brief, partners  Evandro Gigante , Allan Bloom and special employment law counsel Laura Fant  discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022. The law covers employers with four or more employees and generally requires covered employers who post a job, promotion, or transfer opportunity for a position that can or...

In this episode of The Proskauer Brief, partner  Evandro Gigante  and associate  Laura Fant discuss a recent New York City law requiring employers to state salary ranges in job postings. Effective May 15, 2022, as an amendment to the New York City Human Rights law, it shall now be an unlawful discriminatory practice for an employer or their agent to advertise a job including promotions or transfer...

In this episode of The Proskauer Brief we are joined by partner  Guy Brenner , who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and  Daryl Leon , an associate in Proskauer’s New York office and senior member of the Firm’s Non‑Compete and Trade Secrets Practice Group. Employers should listen in as we discuss key developments and tr...

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.

In this episode of The Proskauer Brief we are joined by partner Guy Brenner , who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and Daryl Leon , an associate in Proskauer’s New York office and senior member of the Firm’s Non‑Compete and Trade Secrets Practice Group.  Tune in as we discuss “The Ban on Non-Compete Agreements Amendmen...

In this episode of The Proskauer Brief, partners Harris Mufson, Evandro Gigante , and Allan Bloom discuss key potential employment law changes under the Biden Administration.  Tune in as we explore an evolving legal landscape – from new health and safety requirements to wage and hour regulations and expanded anti-discrimination laws. 

In this episode of The Proskauer Brief, partners Harris Mufson and  Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On December 16th, 2020, the EEOC issued updated guidance for employers in light of the FDA's recent authorization of Pfizer's COVID-19 vaccine for emergency use. Widespread vaccination...

In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Trump administration’s recent Executive Order on Combating Race and Sex Stereotyping, which restricts the concepts that government contractors can include in their employee diversity and awareness training programs.  It also imposes certain penalties and sanctions, including debarment for failure to comply....

In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel  discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements.

In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom  discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification.  In recent years, the misclassification of workers as independent contractors has been the subject of a number of private lawsuits and investigations by government agencies.  This is true for traditional industries and al...

In this episode of The Proskauer Brief, partners Harris Mufson,  Seth Safra ,  Mike Lebowich  and  Guy Brenner  discuss recent developments associated with the coronavirus (COVID-19) pandemic. Tune in as we address the latest legislative developments and issues employers should be thinking about when confronting the ramifications of this virus in the workplace.

In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the coronavirus and what employers should be thinking about regarding that virus in the workplace. While the Occupational Safety and Health Administration has stated that most American workers are not at significant risk of infection at this time, it’s never too early for employers to consider how they can addre...

In this episode of The Proskauer Brief, partners Harris Mufson and  Evandro Gigante  discuss considerations and best practices associated with reductions in force.  Companies that make a business decision to reduce its staffing should consider what goals they are looking to achieve. Is it cost reduction or a consolidation of positions?  Or is it to weed out lower performing employees?  These consi...

In this episode of The Proskauer Brief, partners  Tony Oncidi  and  Kate Gold  discuss California's most recent legislative response to the #MeToo movement.  These developments include new restrictions on confidentiality and arbitration as well as the extension of the statute of limitations applicable to harassment, discrimination and retaliation claims.  So be sure to tune in as Tony and Kate hig...

In this episode of The Proskauer Brief, partners Harris Mufson and  Evandro Gigante  discuss recent updates in state laws regarding voting leaves and political activities by employees. Currently twenty-two states have laws on the books that require some form of paid voting leave for employees.  With Election Day right around the corner, New York recently changed their law so that an employee is en...

In this episode of The Proskauer Brief, New York partner Howard Robbins and London partner  Dan Ornstein discuss how U.K. laws affect U.S. employers. As if dealing with U.S. employment laws are not difficult enough, international businesses also have to face several challenges of local requirements.  Tune in as we discuss many U.K. laws on discrimination, harassment, and retaliation, and their sim...

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections.  Among other things, recent amendments to New York law will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the Human Rights law.  Employers...