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Tax Talks

COVID-19: Further extension to the UK’s Job Support Scheme

By Robert E. Gaut & Philip Gilliland

October 23, 2020

As coronavirus infection rates rise and restrictions tighten across the UK, the UK Chancellor has extended the Job Support Scheme (again). Last week we reported on the extension of the Scheme to businesses legally required to close under tier 3 of the alert system (https://www.proskauertaxtalks.com/2020/10/covid-19-extension-of-the-uks-job-support-scheme/). Yesterday (22 October) the UK Chancellor announced the following updates: Employees must work a minimum of 20% of their usual hours per month (previously 33%) and the employer’s…

Minding Your Business

When Governors Bite Back: Circuit Court Upholds Hawaii Governor’s Emergency Powers

By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser & Jennifer Tarr

October 23, 2020

As mentioned in our previous post, the legality of state Governors’ emergency powers have come under scrutiny during the pandemic. Michigan’s Supreme Court, for example, recently struck down Governor Gretchen Whitmer’s emergency powers. The Hawaii Circuit Court, however, recently dismissed a legal challenge to Hawaii Governor David Ige’s emergency powers. In response to the victory, Hawaii Attorney General Clare Connors stated “[t]his decision sends an important message at an important time—the Governor’s emergency proclamations…

Government Contractor Compliance & Regulatory Update

OFCCP Obtained $35.6 Million From Contractors in FY2020

By Guy Brenner & Caroline Guensberg

October 22, 2020

During an October 21, 2020 “stakeholder” call, Director Leen took the opportunity to laud the agency’s accomplishments over the past four years, including record financial recoveries. Director Leen noted that the agency’s total recoveries over the past four years exceeded the prior nine years combined. As we previously reported, in FY2019, OFCCP set a new record for financial recoveries: over $40 million. The trend of high recoveries continued during fiscal year 2020; OFCCP reports…

Government Contractor Compliance & Regulatory Update

OFCCP Provides Additional Guidance On “Combatting Race and Sex Stereotyping” Executive Order

By Guy Brenner & Caroline Guensberg

October 22, 2020

On October 21, 2020 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) held a stakeholder call regarding the agency’s implementation of Executive Order 13950, “Combatting Race and Sex Stereotyping” (the “Order”) which, as we have previously reported, restricts the concepts which contractors may include in anti-discrimination and diversity trainings provided to their employees. Additional posts discussing the order and related developments are available here, here and here. Proskauer…

Proskauer For Good

Confronting Racial Injustice: Felony Convictions and the Right to Vote

By William C. Silverman

October 21, 2020

The idea that individuals with a felony conviction should be barred from voting for at least some period of time is widely accepted across the United States. But when you consider that current laws arose out of explicit racial animus following the Civil War and the end of slavery; when you look at the disproportionate effect the practice has had on people of color; and when you weigh the arguments in favor of disenfranchising millions…

Minding Your Business

Are Antitrust Claims Against Licensors of Standard Essential Patents Dead On Arrival?

By Michelle M. Ovanesian

October 20, 2020

If the September 2020 Continental Automotive Systems, Inc. opinion is any indicator, the answer seems to be “yes,” at least where an alleged violation of fair, reasonable, and nondiscriminatory (“FRAND”) terms and conditions is concerned. Following on the heels of F.T.C. v. Qualcomm Inc., the Northern District of Texas dismissed a complaint in which Continental Automotive Systems, Inc. (“Continental”) alleged, among other things, that Nokia Corporation and other technology companies (together, “Licensor Defendants”) violated…

Proskauer on Advertising Law

Conagra Slips Away from Parkay Oil Spray Serving Size Claims

By Lawrence Weinstein, Jeffrey Warshafsky & Eric Wertheim

October 20, 2020

Conagra Brands recently emerged victorious when Judge William H. Orrick of the U.S. District Court for the Northern District of California granted summary judgment in its favor, tossing claims that the company disguises the fat and calorie content of its Parkay Spray vegetable oil spray product (“Parkay”) with artificially small serving sizes. Allen v. Conagra Foods, No. 3:13-cv-01279 (N.D. Cal. Aug. 12, 2020). According to plaintiffs, Parkay contains a significant amount of fat and…

Minding Your Business

Anatomy of a Price Gouging Suit

By Christopher E. Ondeck, John R. Ingrassia, Kelly Landers Hawthorne, Nathaniel Miller, Nicollette R. Moser & Jennifer Tarr

October 19, 2020

If there is a silver lining to the extended application of most state price gouging laws, it is that we now know more about their ramifications. State attorneys general have launched numerous investigations and brought many lawsuits, and several class actions have been filed by consumers against companies for alleged price gouging up and down the supply chain. Insights can be gleaned from these price gouging-related suits to understand the “anatomy” of these suits, including…

Government Contractor Compliance & Regulatory Update

[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

By Guy Brenner & Harris Mufson

October 19, 2020

In the latest episode of The Proskauer Brief podcast, partners Harris Mufson and Guy Brenner discuss the Trump administration’s recent Executive Order on Combating Race and Sex Stereotyping, which restricts the concepts that government contractors can include in their employee diversity and awareness training programs. It also imposes certain penalties and sanctions, including debarment for failure to comply. Tune in as we discuss key considerations for government contractors in the wake of the order. Listen …

Labor Relations Update

NLRB Advice Memorandum: Firing Employees Because of Discussions Related to Tip-Pooling Violates Section 8(a)(1)

By Mark Theodore, Joshua Fox & Heylee Bernstein

October 16, 2020

In an Advice Memorandum released Thursday, the NLRB’s Division of Advice concluded that employees who discussed an employer’s tip-pooling practices engaged in protected concerted activity, such that discharging the employees for this activity violated Section 8(a)(1) of the NLRA. Employees working at a steakhouse in New York City often complained about the restaurant’s tip-pooling system. Under the system, management counted and divided tips among employees regardless of the employees’ shift. The Advice Memorandum noted some…

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COVID-19: Further extension to the UK’s Job Support Scheme

When Governors Bite Back: Circuit Court Upholds Hawaii Governor’s Emergency Powers

OFCCP Obtained $35.6 Million From Contractors in FY2020

OFCCP Provides Additional Guidance On “Combatting Race and Sex Stereotyping” Executive Order

Confronting Racial Injustice: Felony Convictions and the Right to Vote

Are Antitrust Claims Against Licensors of Standard Essential Patents Dead On Arrival?

Conagra Slips Away from Parkay Oil Spray Serving Size Claims

Anatomy of a Price Gouging Suit

[Podcast]: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace Training

NLRB Advice Memorandum: Firing Employees Because of Discussions Related to Tip-Pooling Violates Section 8(a)(1)

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