In the months since Proskauer hosted its immigration panel discussion in partnership with Sanctuary for Families this past January, the influx of migrants across the U.S. southern border has continued. So has the dire need for pro bono legal services
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Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law
In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,” occasional remote work…
Massachusetts District Court Grants Motion to Dismiss 401(k) Fiduciary Breach and Prohibited Transaction Claims
A federal district court in Massachusetts dismissed ERISA fiduciary breach and prohibited transaction claims against 401(k) plan fiduciaries, ruling that the prohibited transaction claims were time-barred and the fiduciary breach claims—once limited by a settlement agreement in an earlier class…
NLRB GC Issues Guidance Memo on “Securing Full Remedies for All Victims of Unlawful Conduct
On April 8, 2024, National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo released a Memorandum providing guidance to Regional Directors, Officers-in-Charge, and Resident Officers concerning the GC’s continued efforts to secure full remedies for all victims of unlawful…
NLRB GC Provides Guidance to Regions on “Securing Full Remedies for All Victims of Unlawful Conduct”
On April 8, 2024, National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo released a Memorandum providing guidance to Regional Directors, Officers-in-Charge, and Resident Officers concerning the GC’s continued efforts to secure full remedies for all victims of unlawful…
DOL Unveils Final Amendment to QPAM Exemption
On April 3, 2024, the U.S. Department of Labor (the “DOL”) published in the federal register a final amendment to Prohibited Transaction Class Exemption 84-14 (the “QPAM Exemption”) that makes considerable changes to the exemption’s conditions (the “Final Amendment”). Although…
Updated Federal Overtime Rule Cleared by White House
The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the updated federal overtime rule on April 10, 2024. We can expect publication of the final rule in the Federal Register any day now, with an…
Supreme Court Holds That Securities Fraud Statute Does Not Proscribe Pure Omissions
The U.S. Supreme Court recently held that the anti-fraud provision of the Securities Exchange Act does not prohibit “pure omissions,” but only false statements or misleading half-truths. The unanimous decision in Macquarie Infrastructure Corp. v. Moab Partners, L.P. (April 12, 2024)…
Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order
On April 8, 2024, the U.S. Court of Appeals for the Eighth Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s (“NLRB”)…
Seventh Circuit Holds Withdrawal Liability Cannot Be Based on Extra-Contractual Contributions
In Bulk Transp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563, 2024 WL 1230236 (7th Cir. Mar. 22, 2024), the Seventh Circuit held that the contributions used to calculate an employer’s withdrawal liability may include only the contributions the…