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  • Article

    Damages May Not Be Denied To Employee Based Upon His "Imprecise Testimony"

    Terry Furry worked as a sales and marketing director for the East Bay Express (a weekly newspaper based in Oakland) and alleged that East Bay failed to pay minimum and overtime wages ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors' Ages Is Struck Down

    The Ninth Circuit has affirmed the district court's grant of summary judgment in favor of IMDb.com, a website that lists, among other things, the actual ages of actors and actresses.
    United StatesEmployment and HR
    Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    D.C.'s New Restrictive Non-Compete Law Goes Into Effect October 1, 2022

    Almost 2 years after the Ban on Non-Compete Agreements Amendment Act ("the Act") was passed, the Act – with significant amendments – will become effective and applicable...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Deja-Vu All Over Again: Congress Once Again Retroactively Increases Mass Transit Benefit Limits

    Prior to the enactment of the Tax Increase Prevention Act of 2014, mass transit commuters were only able to contribute a maximum of $130 per month on a pre-tax basis toward their transit expenses.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Department of Labor Delays Effective Date of Rules Requiring New Fee Disclosures by Pension Plan Service Providers

    On February 11, 2011, the U.S. Department of Labor ("DOL") announced a delay until January 1, 2012 in the applicability date of the new disclosure rules imposed under interim final regulations (the "Interim Final Regulations") it published last year under Section 408(b)(2) of the U.S. Employee Retirement Income Security Act of 1974, as amended ("ERISA").
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Despite Supreme Court's Grant Of Review In Two Important Labor Cases, The Action In The Short Term Is In The DC Circuit

    It came as no surprise to most labor practitioners this week that the Supreme Court granted certiorari to review the U.S Court of Appeals for the District of Columbia Circuit's decision in NLRB v. Noel Canning, No. 12-1281.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Disability Discrimination, Harassment And Retaliation Claims Were Properly Dismissed

    Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019)
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    District Court Applies Dudenhoeffer "More Harm Than Good" Standard To Closely-Held Corporation

    A federal district court in Mississippi ruled for the first time that the "more harm than good" pleading standard established by the Supreme Court in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459 (2014), applied to employer "stock drop" claims brought against the fiduciaries of plans sponsored by closely-held corporations.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    District Court Finds Fiduciaries Have No Duty To Investigate False Sale Allegations For ESOP Investment

    The Southern District of Indiana held that plan fiduciaries were under no duty to investigate allegations that a false sale had been included in their records.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    District Court Replaces Plan Trustees With Independent Fiduciary

    In Su v. Fensler, No. 22-cv-01030, 2023 WL 5152640 (N.D. Ill. Aug. 10, 2023), the court granted the Department of Labor's motion for a preliminary injunction to replace with an independent...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    District Of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

    Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    District Of NJ: Federal Courts Lack Jurisdiction To Enforce Preliminary Reinstatement Orders Under SOX

    On April 19, 2023, the U.S. District Court for the District of New Jersey granted the defendant-employer's motion to dismiss a complaint seeking court enforcement of a preliminary reinstatement order after determining that the court lacked jurisdiction to enforce such orders.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOL Defends Posting Requirements Against Challenge From Contractors

    This week the Department of Labor defended its rule requiring federal contractors to post notices informing employees of their right to unionize.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOL Delays Home Care Rule Enforcement

    The revised regulations provide that the companionship exemption is not available to home care workers employed by a third-party company.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOL Issues Opinion Letters On Administrative Exemption And Ministerial Exception

    The U.S. Department of Labor's Wage and Hour Division (WHD) issued two new opinion letters on January 8, 2021, bringing the number of "lame duck" wage and hour opinion letters—issued since...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOL Prevails In Kansas Litigation Challenging Conflict Of Interest Rule And Related Exemptions

    On November 28, 2016, Judge Crabtree in the U.S. District Court for the District of Kansas ruled in favor of the U.S. Department of Labor and denied the motion for a preliminary injunction filed by the Market Synergy Group, Inc.,
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOL Seeks Expedited Briefing On Appeal Of Overtime Rule Injunction

    The DOL proposes that the Court of Appeals require the plaintiffs to respond to the motion by December 6, and that the Court issue a ruling on the motion by December 8.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    EEO-1 Update: More Wait And See

    Workers' rights groups are advocating for a May 31 deadline.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    EEOC Chair Reveals That Agency Intends To Issue A Revised EEO-1 Rule

    As previously reported, in February 2016 the EEOC proposed revising its EEO-1 report to require employers to provide certain wage and hour data regarding their employees to the EEOC on an annual basis.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    EEOC Commissioner Lipnic: "Nothing Will Stop" EEO-1 Component 2

    As employers are well aware, the pay and hours worked data component of the EEO-1 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.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 561–580 of 9763 results

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