Category Archives: Uncategorized

Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause

By Mark W. Batten and Makenzie D. Way on January 25, 2021 Posted in Uncategorized

The Massachusetts Appeals Court, in a slip op opinion issued on January 20, 2021, decided that at-will employees can be terminated for submitting rebuttal letters pursuant to G.L.c. 149, §52C (“Section 52C”), and cannot avail themselves of the public policy exception to the general rule that an employee at will may be terminated without cause. … Continue Reading

NYU Labor Center Webinar: Re-Training America for the Future of Work

By Paul Salvatore on November 17, 2020 Posted in Uncategorized, Workplace Policies and Procedures

Proskauer partner Paul Salvatore will be participating in the NYU Labor Center Webinar: Re-Training America for the Future of Work. The webinar will take place virtually on Thursday, December 3rd from 9:00 AM – 12:00 PM EDT. Leaders in government, academia and industry will explore policies needed to enhance the skills of workers to meet … Continue Reading

The Sedona Conference Working Group 12 on Trade Secrets Annual Meeting 2020, Online

By John Barry on November 9, 2020 Posted in Uncategorized

John Barry will be participating in The Sedona Conference Working Group 12 on Trade Secrets (WG12) Annual Meeting. The conference will take place virtually from Monday, November 9 to Tuesday, November 10 from 11:30 AM – 4:30 PM ET each day. This meeting will advance WG12’s first set of commentary drafting team efforts towards non-partisan … Continue Reading

Maryland Legislature Overrides Governor’s Veto of “Ban the Box” Legislation

By Guy Brenner and Caroline Guensberg on February 3, 2020 Posted in Uncategorized

Quick Hit: On January 30, 2020, the Maryland General Assembly voted to override Governor Larry Hogan’s veto of an “Act Concerning Record Screening Practices (Ban the Box)” (“the Act”). The Act prohibits employers from “requir[ing] an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant” … Continue Reading

DC Employers Must Provide Paid Family Leave Law Notice By February 1, 2020

By Guy Brenner and Caroline Guensberg on January 23, 2020 Posted in Uncategorized

As we previously reported, on July 1, 2020, employees in D.C. will be eligible to receive benefits under the D.C. Paid Family Leave law, which provides employees with up to eight weeks of paid leave to care for a new child, six weeks of paid leave to care for a sick family member, and two … Continue Reading

Maryland Bars Non-Competes for Low-Wage Employees

By Guy Brenner and Caroline Guensberg on December 2, 2019 Posted in Uncategorized

Quick Hit: Effective October 1, 2019, Maryland law prohibits the use of non-competition agreements for employees with wages equal to or less than $15 per hour or $31,200 annually. Key Takeaway: Maryland employers, and employers with employees who work in Maryland, that utilize non-competition agreements for covered employees should be aware that such agreements are … Continue Reading

Report from EEOC Hearing on EEO-1 Component 2—Should It Stay or Should It Go?

By Guy Brenner and Caroline Guensberg on November 21, 2019 Posted in Uncategorized

On November 20, 2019, the EEOC held a public hearing at its headquarters in Washington, DC, regarding proposed changes to the Employer Information Report (“EEO-1”). These proposed changes include “not seeking to renew Component 2 of EEO-1,” which required employers with over 100 employees to report employee pay and hours worked information. Proskauer attended the … Continue Reading

EEO-1 Component 2 Reports Are Still Due September 30, But….

By Kate Gold and Guy Brenner on September 27, 2019 Posted in Uncategorized

Employers have been furiously working to prepare their EEO-1 Component 2 submissions by the September 30 deadline. Some employers who underestimated the task have asked us whether the EEOC’s submission portal will remain open after September 30 in case they are unable to complete their submissions in time. Until now, our response has been “maybe.” … Continue Reading

Chicago Enacts Fair Workweek Ordinance

By Caralyn M. Olie and Steven J. Pearlman on August 5, 2019 Posted in Uncategorized

On July 24, 2019, the Chicago City Council passed and Mayor Lightfoot approved a predictive scheduling ordinance known as the Fair Workweek Ordinance (the “Ordinance”). It becomes effective on July 1, 2020. The following summarizes key features of the Ordinance. Covered Employers and Employees. Covered Employers are employers in the building services, healthcare, hotel, manufacturing, … Continue Reading

EEOC Commissioner Lipnic: “Nothing will stop” EEO-1 Component 2

By Guy Brenner on August 1, 2019 Posted in Uncategorized

As employers are well aware, the pay and hours worked data component of the EEO-1 (known as “Component 2”) is, due to a court ruling, now in effect, and employers have until September 30 to submit 2017 and 2018 Component 2 data to the EEOC. Our prior blog posts about Component 2 are available here and here. … Continue Reading

EEOC Issues Statement Regarding EEO-1

By Guy Brenner and Kate Gold on April 30, 2019 Posted in Uncategorized

On April 29, 2019, the EEOC issued the following statement regarding the recent EEO-1 developments: Notice of Immediate Reinstatement of Revised EEO-1: Pay Data Collection EEO-1 filers should begin preparing to submit Component 2 data for calendar year 2018 by September 30, 2019, in light of the court’s recent decision in National Women’s Law Center, et … Continue Reading

BREAKING: Judge Lifts Stay On EEO-1 Pay Data Submission Requirement

By Guy Brenner on March 5, 2019 Posted in Uncategorized

Quick Hit: A federal judge has issued an order lifting the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the annual EEO-1 survey submission (the “Revised EEO-1”). In so ruling, the judge ordered “that the previous approval … Continue Reading

2019 Brings Employment Law Changes for Illinois Employers

By Steven J. Pearlman, Edward Young and Ren Morris on December 13, 2018 Posted in Discrimination, Harassment and Retaliation, Uncategorized, Workplace Policies and Procedures

As 2018 draws to a close, state and local lawmakers in Illinois have been passing legislation that will further regulate a variety of employers’ practices. Here is a look at what Illinois employers can expect in 2019. New Laws Effective January 1, 2019 Employee Reimbursement for Business Expenses – An amendment to the Illinois Wage … Continue Reading

New Federal Tip Rules Expected in October 2018

By Allan Bloom on October 19, 2018 Posted in Uncategorized

Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently $2.13) and the federal minimum wage (currently $7.25). Employers using the tip credit must be able to show that … Continue Reading

Trump’s Fall Regulatory Agenda Pegs March 2019 For Proposed New Overtime Rule

By Allan Bloom on October 17, 2018 Posted in Uncategorized, Wage and Hour

In its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions, published today, the Trump Administration formally announced its intention to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 “to determine the appropriate salary level for exemption of executive, administrative and professional employees.” See our earlier post for what to expect in the proposed new rule.… Continue Reading

Portland, Oregon Adopts First-of-Its-Kind CEO Pay Ratio Tax on Employers

By Allan Bloom and Laura Fant on December 12, 2016 Posted in Uncategorized

The Portland, Oregon City Council has passed an ordinance that will impose a tax surcharge on publicly traded companies whose chief executive officers are paid at least 100 times more than the median pay of other company employees. Portland is the first locality in the nation to enact such a requirement. The law, which passed by … Continue Reading