The Proskauer Brief: Hot Topics in Labor & Employment Law

In this episode of The Proskauer Brief, partner  Evandro Gigante  and associate  Laura Fant  discuss the recent New York law prohibiting discrimination on the basis of certain hairstyles.  This law expands the definition of race under the New York State Human Rights Law to now expressly include “traits historically associated with race,” which include but are not limited to hair texture and protec...

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 a reason for downsizi...

In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recently passed legislation by the New York City Council, which would prohibit some employers in NYC from requiring job applicants to submit to drug tests for marijuana use.  Specifically, the bill would amend the City’s Fair Chance Act to make it an unlawful discriminatory practice for an employer, includin...

In this episode of The Proskauer Brief, partner Harris Mufson and associate  Arielle Kobetz  discuss the New York City Commission on Human Rights (NYCCHR) enforcement guidance on appearance and grooming policies that ban or restrict naturally curly hair, dreadlocks, braids, cornrows and other hairstyles. While the guidance, which was issued on February 19, 2019, specifically details protections fo...

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as other legislative developments. They will highlight cases pending before the Supreme Court and what we can expect from the National Labor Relations Board (NLRB). Be sure to tune i...

In this episode of the "Can My Employees Do That?" series, partner  Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and similar activities. We also discuss whether an employer can restrict an employee’s association with groups or publications on social media or elsewhere which espouse ideologies th...

In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Office of Federal Contract Compliance Programs (OFCCP). Harris and Guy highlight OFCCP’s recent activities and discuss what government contractors should expect in 2019, so be sure to tune in.

In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins continue their “Can My Employees Do That?” series. In this installment, Harris and Howard discuss the legal requirements regarding service animals in the workplace and provide practical advice for employers to address requests by employees to bring service animals to work. Please tune in to hear their insight regardi...

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 in for this 2018 recap of some highlights in Lab...

In this episode of The Proskauer Brief, partners Harris Mufson and  Howard Robbins  conduct the first part in a series of podcasts entitled, “Can My Employees Do That?” In this installment, Harris and Howard discuss workplace recordings and monitoring workplace emails. Please tune in to hear timely insight regarding these key employment issues. 

In this episode of The Proskauer Brief, partner Harris Mufson and senior associate Danielle Moss offer tips to help employers be proactive and avoid liability at their holiday parties. While the holidays are supposed to be the happiest time of year, many employers experience anxiety around their holiday parties. From high-level tips to state law specific training suggestions, Harris and Danielle d...

In this episode of The Proskauer Brief, partner Harris Mufson and partner Allan Bloom discuss recent developments in federal overtime rules. The Trump administration recently released its fall 2018 regulatory agenda, with lots of information relating to the Department of Labor (DOL). The DOL appears to be committed to a more business-friendly regulatory framework which limits the burdens that regu...

In this episode of The Proskauer Brief, partner Evandro Gigante  and associate  Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment.  The law will require employers to distribute policies prohibiting sexual harassment in the work place and implement annual training on sexual harassment.  These policies, which much be distributed by October 9, 2018, are required...

In this episode of The Proskauer Brief, partner Harris Mufson and associate  Samantha Regenbogen  discuss significant reforms to Massachusetts law that will apply to non-competition agreements as well as adopting the Uniform Trade Secrets Act (UTSA). The law will cover non-compete agreements entered into with Massachusetts residents and Massachusetts employees on or after October 1, 2018 (but not...

In this episode of The Proskauer Brief, partner Harris Mufson and associate  Laura Fant  discuss the New York City Temporary Schedule Change Law that recently went to effect. This law requires employers to grant employee requests for temporary schedule changes for certain medical and family care purposes, which can include caring for a minor child or for another family or household member who requ...

In this episode of the Proskauer Brief, partner Harris Mufson is joined by associates  Rebecca Sivitz  and  Maryssa Mataras  to discuss the recently enacted Pay Equity Laws in Massachusetts and New Jersey. So be sure to tune in for the latest insight on this very important issue. 

In this episode of The Proskauer Brief, partners  Tony Oncidi and  Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what's new on the #MeToo front.

In this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the prohibition of nondisclosure clauses in settlement agreements, unless the complainant prefers confidentiality, mandatory training requirements and the expansion of the NYS Human Ri...

In this episode of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex discrimination under Title VII, one by the Second Circuit and the other by the Sixth Circuit. In addition, we will highlight some of the state and city statutory prohibitions that exis...

In this benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We will discuss the key advantages of having severance pay arrangements covered by ERISA and what employers can do to design plans that comply with the substantive and procedural requirements of ERISA, but also maximize the likelihood...

In this episode of The Proskauer Brief, partner Harris Mufson and associate  Michelle Gyves  discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates.  In addition to FCRA, we also discuss how “ban the box” and credit check laws play a role in scr...

In this episode of The Proskauer Brief, partner Harris Mufson  and associate  Laura Fant  discuss recent amendments to the New York Earned Sick Time Act, which provides for paid sick days for eligible employees working in New York City. We will discuss how the recent changes will now both expand the covered reasons for leave under the law, and also expand the family members that employees can take...

In this edition of The Proskauer Brief, partner Harris Mufson and associate Laura Fant  discuss the challenges and pitfalls surrounding requests for multiple medical leaves of absence.  We will talk about the obligation of employers to provide reasonable accommodation under the Americans with Disabilities Act and related laws.  We will also discuss a recent decision from the Seventh Circuit holdin...

Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma, and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disast...

Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma, and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disast...