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Latest from Proskauer Rose LLP - Page 2

Labor Relations Update

Employer Leaves Lasting Impression…of Unlawful Surveillance

By Mark Theodore, Joshua Fox & Makenzie D. Way

January 12, 2021

The NLRB rang in the New Year by examining what constitutes an impression of unlawful surveillance. In Dignity Health d/b/a Mercy Gilbert Medical Center, 370 NLRB No. 67 (January 6, 2021), the Board reaffirmed helpful guidance for employers regarding the dos and don’ts in the context of union organizing campaigns. Specifically, the Board held that a supervisor violated Section 8(a)(1) of the Act by creating the impression of unlawful surveillance when she told an…

Proskauer For Good

Francis Lewis High School Makes Semi-Final Run in Moot Court Competition

By William G. Fassuliotis

January 12, 2021

For over 30 years, Proskauer lawyers have worked with students from Francis Lewis High School in Queens to help prepare them for moot court competitions. This year’s program was unlike any other with practices held over Zoom from living rooms and bedrooms across the City; and, instead of walking up to the lectern at the Thurgood Marshall Courthouse, a grand classical revival landmark in lower Manhattan, each student argued at home in front of a…

Proskauer on Advertising Law

2020 Advertising Law Year in Review

By Lawrence Weinstein, Baldassare Vinti, Jeffrey Warshafsky, Jennifer Yang & Anisha Shenai-Khatkhate

January 12, 2021

While 2020 was an eventful year in the world of advertising law, it feels wrong to begin any type of “year in review” without acknowledging the global events of this year, and the challenges they have brought to every individual in one way or another. In our role, we are often in a position of criticizing or defending from criticism the marketers who create the content at the center of our work. But, right now,…

Law and the Workplace

DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception

By Allan Bloom

January 11, 2021

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued two new opinion letters on January 8, 2021, bringing the number of “lame duck” wage and hour opinion letters—issued since Election Day 2020—to six. In FLSA2021-1, WHD determined that account managers at a life sciences manufacturer qualify for the FLSA’s administrative exemption. The account managers learn about the needs of potential clients, researching what company products would meet those needs, and communicating…

Government Contractor Compliance & Regulatory Update

OFCCP Proposes Accommodations and Promotions Focused Review Scheduling Letters

By Guy Brenner & Caroline Guensberg

January 11, 2021

As we previously reported, when OFCCP released its latest Corporate Scheduling Announcement List (“CSAL”) in September 2020, it identified contractors selected for the agency’s new reviews focused on promotions and accommodations. Little was known about the reviews, although the agency provided some additional detail later that month when it launched two websites devoted to the new focused reviews. However, the agency was not able to initiate such focused reviews as it had not proposed…

Proskauer on Advertising Law

Judges Toss Plain “Vanilla” Deceptive Labeling Claims

By Lawrence Weinstein, Jeffrey Warshafsky & Anisha Shenai-Khatkhate

January 8, 2021

The beverage industry came out on top in a pair of recently dismissed lawsuits alleging the use of the term “vanilla” on drink labels was misleading, where the vanilla flavor allegedly did not come exclusively from the vanilla bean plant. Howard Clark v. Westbrae Natural, No. 20-cv-03221-JSC (N.D. Cal. December 1, 2020); Ryan Cosgrove et al. v. Blue Diamond Growers, No. 19-Civ-8993 (S.D.N.Y. December 7, 2020). In Clark v. Westbrae, plaintiff alleged the…

Law and the Workplace

President-Elect Biden Nominates Marty Walsh for Secretary of Labor

By Allan Bloom & Thomas B. Fiascone

January 8, 2021

On January 7, 2021, President-elect Joe Biden announced Boston Mayor Marty Walsh as his nominee for Secretary of Labor. If confirmed, Mayor Walsh would represent a stark contrast to incumbent Labor Secretary, longtime management attorney Eugene Scalia. Walsh served as the president of Laborers’ Union Local 223 prior to being elected Mayor. AFL-CIO President Richard Trumka publicly endorsed Walsh for the position of Labor Secretary and praised the selection, underscoring Walsh’s background in organized labor.…

Law and the Workplace

Significant Workplace Changes in Store Under the Biden Administration

By Allan Bloom, Tony Oncidi, Steven Porzio, Dominique Kilmartin, Elizabeth Dailey, Tony S. Martinez & Joshua Fox

January 8, 2021

From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals that would significantly change the employment and labor law landscape. Bolstered by Democrat victories in the Georgia Senate runoff elections (and the resulting unified Congress, the first in nine years), employers can expect new and amended workplace laws and rules in 2021. We highlight below several of…

The Capital Commitment

Crypto Asset Regulation: Is the US or UK Keeping Up Best With This Emerging Market?

By Joshua M. Newville, Dorothy Murray, Nicholas Petrie & David W. Heck

January 8, 2021

One driver for the first widely adopted cryptocurrency Bitcoin was to create a store of value that existed outside of government control. It is therefore no surprise that attempts to regulate the rapidly developing crypto asset market have required great efforts from regulators and legislators around the world to keep apace. In this blog, we compare key drivers and results of the regulatory approach being taken in the US and UK. While the U.S. is…

Minding Your Business

Costs of COVID-19 Vaccines: What We Do and Don’t Yet Know

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

January 7, 2021

The roll-out of vaccine approvals has led to some confusion over what charges consumers might be asked to cover. This echoes the confusion previously discussed with respect to COVID-19 diagnostic and antibody test pricing. But consumers, providers, and others that will have any involvement with vaccine production, distribution, or administration should be aware that the Coronavirus Aid, Relief, and Economic Security (CARES) Act provides different rules for treatment (including testing) than it does for preventative…

Proskauer Rose LLP

Employer Leaves Lasting Impression…of Unlawful Surveillance

Francis Lewis High School Makes Semi-Final Run in Moot Court Competition

2020 Advertising Law Year in Review

DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception

OFCCP Proposes Accommodations and Promotions Focused Review Scheduling Letters

Judges Toss Plain “Vanilla” Deceptive Labeling Claims

President-Elect Biden Nominates Marty Walsh for Secretary of Labor

Significant Workplace Changes in Store Under the Biden Administration

Crypto Asset Regulation: Is the US or UK Keeping Up Best With This Emerging Market?

Costs of COVID-19 Vaccines: What We Do and Don’t Yet Know

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