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
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 employers realize. A survey of 1,342 full-time manager-level employees commissioned by ResumeBuilder.com revealed some eye-popping results. Roughly 60% of respondents said they relied on AI to make decisions about direct…| 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
On July 4, 2025, President Trump signed the One Big Beautiful Bill Act into law—a budget reconciliation bill enacting several signature policies of the| Law and the Workplace
Florida lawmakers recently passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth (CHOICE) Act (the “Act”), which would create a presumption that covered non-compete and garden leave agreements are enforceable. If it is approved by Governor Ron DeSantis, or allowed to become law without his signature, the Act will take effect on July...| Law and the Workplace
Employers enrolled in E-Verify must now generate Status Change Reports to identify employees whose work permits have been terminated due to changes in| Law and the Workplace
On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in Ames v. Ohio Dep’t of Youth Services, ruling that the “background circumstances” test—which applies a heighted evidentiary standard to majority group plaintiffs seeking to state a prima facie claim for disparate treatment under Title VII—is inconsistent with...| Law and the Workplace
To align with the new statewide paid prenatal leave law, the NYC Department of Consumer and Worker Protection has amended its rules related to the NYC Earned Safe and Sick Time Act (“ESSTA”) to address the paid prenatal leave requirement. The amended rules take effect on July 2, 2025. As a reminder, effective January 1,...| 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
On March 24, 2025, Virginia Governor Glenn Younkin signed into law S.B. 1218, which amended Virginia’s non-compete law to expand the definition of| 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 July 1, 2024, the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (“Ordinance”) will entitle eligible employees to accrue up to 40| 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