The Proskauer Brief: Hot Topics in Labor & Employment Law

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.

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.

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.

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.

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.

In this episode of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss recent amendments to the New York Earned Sick Time Act, which provides for paid sick days for eligible employees working in New York City. We will discuss how the recent changes will now both expand the covered reasons for leave under the law, and also expand the family members that employees can take leave to care for. In addition, we will highlight several other cities and states outside of New York that have adopted or are in the process of adopting similar laws.

In this edition of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss the challenges and pitfalls surrounding requests for multiple medical leaves of absence.  We will talk about the obligation of employers to provide reasonable accommodation under the Americans with Disabilities Act and related laws.  We will also discuss a recent decision from the Seventh Circuit holding that extended leaves of absence may not be required to be granted in all circumstances, and talk about how courts in other jurisdictions, as well as the EEOC, take a very different approach.  Managing employee leave is a challenge that many employers and HR professionals face every day, so be sure to tune in for an update on this timely and relevant topic.

Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma, and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster relief programs.

Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma, and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster relief programs.

Many of our clients have been inquiring about this new law, set to go into effect in New York on January 1, 2018. The law will require employers to provide paid, job-protected leave to eligible employees caring for family members or for certain needs relating to a family member's military service. Harris Mufson and Laura Fant provide an overview of the law and give some tips on how to prepare for its implementation.