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Archive by tag: Proskauer - Law and the WorkplaceReturn

EEOC Rescinds Its Long-Standing Policy Statement On Arbitration Agreements

The EEOC has rescinded its 1997 Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the “Policy Statement”), which set forth the Commission’s position that agreements requiring...By: Proskauer - Law and the Workplace
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Sweeping Changes Coming to Colorado Wage and Hour and Vacation Pay Rules

The Colorado Department of Labor and Employment (the “Department”) has published proposed regulations that would make significant changes to the state’s wage and hour laws. The proposed provisions, collectively termed the Colorado Overtime & Minimum...By: Proskauer - Law and the Workplace
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Second Circuit: Offers of Judgment on FLSA Claims Do Not Require Cheeks Review

On December 6, 2019, a divided Second Circuit panel concluded that settlement proposals in accepted offers of judgment under FRCP 68 are not subject to judicial review and approval. Mei Xing Yu et al. v. Hasaki Restaurant Inc., No. 17-3888 (2d Cir....By: Proskauer - Law and the Workplace
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Eighth Circuit Holds Law Firm Partner Not “Employee” Covered by ADEA

On December 3, 2019, the U.S. Court of Appeals for the Eighth Circuit affirmed the decision of the District Court for the Eastern District of Missouri holding that a former equity partner at a law firm was not an “employee” covered by the Age...By: Proskauer - Law and the Workplace
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Maryland Bars Non-Competes for Low-Wage Employees

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....By: Proskauer - Law and the Workplace
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[Podcast]: California's Legislative Response to the #MeToo Movement

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...By: Proskauer - Law and the Workplace
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New York Paid Family Leave Law: Are You Prepared for 2020?

As we approach the New Year, employers should keep in mind that several updates to the New York Paid Family Leave Law (“NYPFLL”) are scheduled to take effect on January 1, 2020.......By: Proskauer - Law and the Workplace
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Pennsylvania Supreme Court: Fluctuating Workweek Method of Overtime Pay is Unlawful

On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers Inc., Pennsylvania Supreme...By: Proskauer - Law and the Workplace
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Report from EEOC Hearing on EEO-1 Component 2—Should It Stay or Should It Go?

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...By: Proskauer - Law and the Workplace
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Nevada Labor Commissioner Issues Advisory Opinions Regarding Paid Personal Leave Law

As we previously reported, Nevada has enacted a personal leave law, which, effective January 1, 2020, will require private employers with 50 or more employees in Nevada to provide certain employees working in the state with up to 40 hours of paid...By: Proskauer - Law and the Workplace
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