Enacted in 2018, the Massachusetts Noncompetition Agreement Act (the “Act”) restricted employers’ use of non-competition agreements in a variety of ways, including requiring compensation during the post-employment restricted period and prohibiting enforcement against non-exempt employees or those terminated without cause. While the Act explicitly excludes covenants not to solicit from its definition of noncompetition agreements,...| Law and the Workplace
In the second in a series of blogs examining often overlooked or misunderstood provisions of common employment laws, today we are covering four things| Law and the Workplace
Welcome to the first in a series of blogs examining often overlooked or misunderstood provisions of common employment law topics. Today we will be| Law and the Workplace
On July 23, 2025, President Donald Trump issued Executive Order 14319, which has the stated purpose of preventing the federal government from procuring A.I. “models that sacrifice truthfulness and accuracy to ideological agendas.” The order specifically targets models that incorporate principles of diversity, equity, and inclusion (DEI), asserting that such frameworks may compromise factual accuracy and reliability.| Law and the Workplace
On September 4, 2025, the FTC announced an enforcement action and proposed settlement with Gateway Pet Memorial Services (the “Company”), a pet cremation company, over the Company’s overuse of post-employment non-competes with certain terms it found concerning. At nearly the same time, the FTC withdrew its appeals pending in the Fifth and Eleventh Circuits of...| Law and the Workplace
A new wave of Illinois employment laws requires covered Illinois employers to provide unpaid leave for parents with a child in neonatal care, paid leave for military funeral honors, and paid break time for nursing mothers. Neonatal Intensive Care Leave Effective June 1, 2026, employers with at least sixteen employees are required to provide unpaid...| Law and the Workplace
On July 23, 2025, President Donald Trump issued Executive Order 14319, which has the stated purpose of preventing the federal government from procuring A.I. “models that sacrifice truthfulness and accuracy to ideological agendas.” The order specifically targets models that incorporate principles of diversity, equity, and inclusion (DEI), asserting that such frameworks may compromise factual accuracy and reliability. Under the executive order, federal agencies can procure large langua...| Law and the Workplace
Genetic information may not be the first thing that comes to mind when employers think about workplace discrimination. However, federal law provides| Law and the Workplace
On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate| Law and the Workplace
On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur. This represents a significant departure from the approach taken by the Equal Employment Opportunity Commission...| Law and the Workplace
On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination”| Law and the Workplace
In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal| Law and the Workplace
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...| Law and the Workplace
If a recent survey is to be believed, managers’ use of artificial intelligence (AI) tools in making personnel decisions may be more extensive than their| Law and the Workplace
With menopause health benefits emerging as a tool in the war for talent, Rhode Island has recently taken steps to provide express protections related to an employee’s menopause and related conditions. In addition, the state is also imposing new onboarding notice requirements regarding payment of wages, as summarized below. The Rhode Island Fair Employment Practices...| Law and the Workplace
New York State employers are reminded that, beginning July 31, 2025, they will no longer be required to provide COVID-specific sick time to employees. Since March 2020, New York employers have been required to provide sick time—above and beyond what is required under the New York Paid Sick Leave Law—for employees who are under a...| Law and the Workplace
A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern| Law and the Workplace
New York Governor Andrew Cuomo has signed into law a bill which, effective immediately, prohibits employers from accessing information on employees’ or| Law and the Workplace
The DOL released its updated federal overtime rule on April 23, 2024. With limited exceptions, the rule increases the minimum salary for exemption as| Law and the Workplace
A federal judge in Texas has enjoined the new overtime rule on a nationwide basis. Specifically, the U.S. Department of Labor is enjoined from| Law and the Workplace
For the second time in seven years, a federal court in Texas has struck down a U.S. Department of Labor (DOL) rule aimed at expanding the scope of| Law and the Workplace
In its September 11, 2024 opinion in Mayfield v. Department of Labor, the United States Court of Appeals for the Fifth Circuit held that the U.S.| Law and the Workplace
Effective June 19, 2024, the New York State Labor Law (“NYSLL”) is amended to require employers to provide 30 minutes of paid break time for breast milk| Law and the Workplace