A closely watched class and collective action against the HR management services company Workday, Inc. reached a new milestone recently, when the Northern District of California conditionally certified Age Discrimination in Employment Act (ADEA) claims on behalf of a sprawling
Law and the Workplace
The "Law and the Workplace" blog, published by Proskauer Rose LLP, focuses on legal issues related to employment and labor law. It covers topics such as wage and hour regulations, anti-retaliation provisions under laws like the Fair Labor Standards Act, national origin discrimination and EEOC enforcement, pay equity and transparency laws, labor-management relations, employment litigation, and regulatory compliance. The blog also addresses developments in employment agency leadership and enforcement priorities, as well as legislative changes affecting workplace policies. It serves as a resource for understanding legal challenges and compliance requirements in the workplace context.
Latest from Law and the Workplace - Page 6
Tenth Circuit Rules Forfeiture-for-Competition Not Subject to Non-Compete Reasonableness Test
In Lawson v. Spirit AeroSystems, Inc., the U.S. Court of Appeals for the Tenth Circuit upheld the forfeiture of certain stock awards for violating a covenant not to compete. Like the Seventh Circuit in LKQ Corp. v. Rutledge(which…
Minneapolis Expands Workplace Civil Rights Protections and Reasonable Accommodation Obligations
On May 1, 2025, Minneapolis, Minnesota’s city council passed several amendments to its civil rights ordinance (the “Ordinance”), which prohibits discriminatory practices in employment, among other areas. With regard to employment, the amendments add new protected classes, expand the definition…
Justice Department Launches Initiative Targeting Contractors’ and Grantees’ DEI Programs, Anti-Semitism, and Transgender Policies
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum (the “Memorandum”) establishing the Department of Justice’s “Civil Rights Fraud Initiative” (the “Initiative”). The program “will utilize the False Claims Act to investigate and, as appropriate, pursue claims…
Approved New York State Budget Bolsters Child Labor Protections
On May 9, 2025, Governor Kathy Hochul signed into law numerous provisions under the FY26 New York State Budget that, among other things, increase the civil penalties for employers that violate state child labor laws and modify existing permitting and…
NYC Employers Reminded to Post Lactation Accommodation Policy
New York City employers are reminded that they are now required to physically and electronically post a copy of their written lactation accommodation policy.
As we previously reported, Local Law 109 – which became effective on May 8, 2025 –…
Labor Law Amendments Limit Damages for Violation of New York’s Weekly Pay Law
As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner…
Kansas Passes Pro-Employer Restrictive Covenant Legislation
On April 9, 2025, Kansas Governor Laura Kelley signed into law Senate Bill No. 241 (the “Bill”), which amends the Kansas Restraint of Trade Act (the “Act”) to (a) create presumptions of enforceability for non-solicitation covenants meeting the Act’s requirements,…
Another Legal Challenge to an AI Interviewing Tool
In the latest lawsuit of its kind, the American Civil Liberties Union recently filed a complaint with the Colorado Civil Rights Division and the Equal Employment Opportunity Commission (“EEOC”) alleging an AI interviewing tool discriminated against a deaf and Indigenous…
Federal Judge Blocks Key DEI Executive Order Provisions
On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause included in the executive orders titled Ending…