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Employee Benefits & Executive Compensation Blog

We Now Know For Whom the Statute Tolls

By Paul M. Hamburger & Roberta Chevlowe

February 26, 2021

In our February 12th blog post, we raised the question of how to interpret the duration of the DOL/Treasury relief tolling certain benefit plan deadlines due to the COVID-19 pandemic. Without guidance from the agencies, it was unclear whether the relief was set to expire in a few days (on February 28, 2021) due to a one-year tolling limit in ERISA and the Internal Revenue Code, or whether it would continue for a longer…

Labor Relations Update

Recent Labor Victories for Adjunct Professors Signal Likely Uptick in Contingent Faculty Organizing

By Paul Salvatore, Steven Porzio & Elizabeth Dailey

February 26, 2021

Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent, faculty members are “employees” as defined by the NLRA. Moreover, it also suggests that there will likely be a surge of new organizing activity amongst adjuncts in the future. Non-Tenure Track Faculty at Elon University In Elon University, 370 NLRB No. 91 (2021), the…

California Employment Law Update

California Supreme Court Hands Employers a Mixed Bag on Meal Periods

By Tony Oncidi & Philippe A. Lebel

February 25, 2021

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On Thursday, a unanimous California Supreme Court issued its long-awaited decision in Donohue v. AMN Services, LLC, providing answers to two important questions about meal periods: (1) whether it is permissible to round meal period punch times, as with work start and stop times; and (2) whether records showing a missed, late, or short meal period raise a presumption of non-compliance on summary judgment/adjudication, as well as other stages of litigation. The timekeeping system…

Proskauer For Good

Proskauer Hosts Virtual DACA Legal Clinic

By William C. Silverman & Na Hye Kim

February 25, 2021

To grow up American in all ways but one – having proper documentation – is what it means to be a dreamer. Being undocumented renders one nearly incapable of functioning as a regular member of society. It means calling in sick during the day of a school field trip that asks you to bring a form of government ID. It means being unable to get a job to fund and pursue higher education. It means…

California Employment Law Update

California Employers May Be Required to Subsidize Backup Childcare

By Tony Oncidi, Kate Gold & Michelle Lappen

February 25, 2021

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Last Thursday, Assembly Bill 1179 was introduced to require California employers with 1,000 or more to provide “backup ” for children under 14. To be eligible for the benefit, employees who work in California would need to have been employed by the company for at least 30 days. If passed and signed into law, this mandate would go into effect on January 1, 2022 and be the first of its kind in the United States.…

Minding Your Business

Nationwide Deep Freeze Leads to Spike in Natural Gas Prices

By Christopher E. Ondeck, John R. Ingrassia & Nicollette R. Moser

February 24, 2021

In the wake of the deep freeze that recently swept the nation, natural gas has taken the forefront among a slew of price gouging allegations. Last week’s winter storms caused natural gas spot market prices to spike, with some reporting up to a 100% percent increase. Reports also surfaced of spot prices for wholesale electricity in Texas’ power grid increasing more than 10,000%. In response, Minnesota Senator Tina Smith (D-MN) has not only encouraged federal…

Labor Relations Update

NLRB: Initial Burden of Union Animus Met Largely by Timing of Employer’s Discharge of Employee

By Mark Theodore, Joshua Fox & Michelle Lappen

February 24, 2021

It is an unfair labor practice for an employer to retaliate against (1) union supporters pursuant to Section 8(a)(3) of the National Labor Relations Act (the “Act”), and (2) employees for filing a complaint with the National Labor Relations Board, testifying in a Board proceeding, or otherwise utilizing the Board’s processes, under Section 8(a)(4). Both require an analysis of the employer’s motivation. But, does an employer violate both sections of the Act under the same…

Minding Your Business

The Future of the FTC, Part I

By Ryan Blaney & Brooke Gottlieb

February 24, 2021

On January 21, 2021, President Biden designated Federal Trade Commission (the “FTC”) Commissioner Rebecca Kelly Slaughter as acting chair of the FTC. Soon thereafter in one of her first speeches in her new role, Chairwoman Slaughter announced two substantive areas of priority for the FTC – the COVID-19 pandemic and racial equity. Read the full post on Proskauer’s Privacy Law blog.…

Privacy Law Blog

The Future of the FTC: Part I

By Ryan Blaney & Brooke Gottlieb

February 24, 2021

Law and the Workplace

Illinois Legislature Seeks to Limit Use of Restrictive Covenants

By Steven J. Pearlman, Edward Young & Dakota D. Treece

February 23, 2021

Two bills were recently introduced in the Illinois legislature that seek to limit or preclude the use of restrictive covenants for Illinois employers. First, on February 19, 2021, the Illinois House of Representatives introduced House Bill 3066 (accessible here), which seeks to eliminate the use of non-competition and non-solicitation restrictive covenants against Illinois employees unless certain salary thresholds and notice requirements are met. More specifically, if passed, the bill would amend the Illinois Freedom…

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Proskauer Rose LLP Blogs

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We Now Know For Whom the Statute Tolls

Recent Labor Victories for Adjunct Professors Signal Likely Uptick in Contingent Faculty Organizing

California Supreme Court Hands Employers a Mixed Bag on Meal Periods

Proskauer Hosts Virtual DACA Legal Clinic

California Employers May Be Required to Subsidize Backup Childcare

Nationwide Deep Freeze Leads to Spike in Natural Gas Prices

NLRB: Initial Burden of Union Animus Met Largely by Timing of Employer’s Discharge of Employee

The Future of the FTC, Part I

The Future of the FTC: Part I

Illinois Legislature Seeks to Limit Use of Restrictive Covenants

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