Episode 17: Recent Developments in Federal Overtime Rules

October 26, 2018

In this episode of The Proskauer Brief, partner Harris Mufson and partner Allan Bloom discuss recent developments in federal overtime rules. The Trump administration recently released its fall 2018 regulatory agenda, with lots of information relating to the Department of Labor (DOL). The DOL appears to be committed to a more business-friendly regulatory framework which limits the burdens that regulations place on employers. Be sure to tune in to learn about proposed new overtime rules and their impact on employers and their employees.

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Episode 16: Recent Developments Regarding New York State Anti-Harassment Laws

October 5, 2018

In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment.  The law will require employers to distribute policies prohibiting sexual harassment in the work place and implement annual training on sexual harassment.  These policies, which much be distributed by October 9, 2018, are required to satisfy certain minimum standards set by the new guidance.  In addition to the policy requirement, all employees in New York State must receive anti-harassment training on an annual basis.  Be sure to tune in and find out how employers can fulfill their obligations under this new law.

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Episode 15: New Non-Compete Law in Massachusetts

August 27, 2018

In this episode of The Proskauer Brief, partner Harris Mufson and associate Samantha Regenbogen discuss significant reforms to Massachusetts law that will apply to non-competition agreements as well as adopting the Uniform Trade Secrets Act (UTSA). The law will cover non-compete agreements entered into with Massachusetts residents and Massachusetts employees on or after October 1, 2018 (but not retroactively), including independent contractors. With less than two months until the law goes into effect, employers should promptly consult with counsel to discuss the impact of the new legislation and to prepare compliant language and forms for future non-compete agreements.

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Episode 14: New York City Temporary Schedule Change Law

August 2, 2018

In this episode of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss the New York City Temporary Schedule Change Law that recently went to effect. This law requires employers to grant employee requests for temporary schedule changes for certain medical and family care purposes, which can include caring for a minor child or for another family or household member who requires care due to a disability or medical condition, attending certain government proceedings for benefits and also for other reasons under the New York City Earned Sick and Safe Time Act.

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Episode 13: MA and NJ Pay Equity Laws

July 23, 2018

In this episode of the Proskauer Brief, partner Harris Mufson is joined by associates Rebecca Sivitz and Maryssa Mataras to discuss the recently enacted Pay Equity Laws in Massachusetts and New Jersey. So be sure to tune in for the latest insight on this very important issue. 

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Episode 12: Recent Developments in California Law

May 25, 2018

In this episode of The Proskauer Brief, partners Tony Oncidi and Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what's new on the #MeToo front.

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Episode 11: Recent Developments Regarding Sexual Harassment in the Workplace

April 27, 2018

In this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the prohibition of nondisclosure clauses in settlement agreements, unless the complainant prefers confidentiality, mandatory training requirements and the expansion of the NYS Human Rights Law to nonemployees including contractors, subcontractors, vendors, and consultants.

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Episode 10: Recent Developments in Title VII

March 27, 2018

In this episode of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex discrimination under Title VII, one by the Second Circuit and the other by the Sixth Circuit. In addition, we will highlight some of the state and city statutory prohibitions that exist against sexual orientation discrimination throughout the country.

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Episode 9: Severance Pay Plans & ERISA

February 16, 2018

In this benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We will discuss the key advantages of having severance pay arrangements covered by ERISA and what employers can do to design plans that comply with the substantive and procedural requirements of ERISA, but also maximize the likelihood of benefitting from ERISA coverage. Whether a severance plan or arrangement is governed by ERISA is a rather fact-intensive analysis, so be sure to tune in for how those facts and circumstances can give rise to an ERISA plan.

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Episode 8: Laws Governing Background Checks for Employers

January 17, 2018

In this episode of The Proskauer Brief, partner Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates.  In addition to FCRA, we also discuss how “ban the box” and credit check laws play a role in screening potential employees.  Be sure to tune in for more information on how these laws can affect both employers and candidates.

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