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In this episode of The Proskauer Brief, partners Harris Mufson, Evandro Gigante, and Allan Bloom discuss key potential employment law changes under the Biden Administration. Tune in as we explore an evolving legal landscape – from new health and safety requirements to wage and hour regulations and expanded anti-discrimination laws.…
 
In this episode of the Proskauer Benefits Brief, partner Robert Projansky and special guest Garrett Fenton, senior attorney at Microsoft Corporation, discuss cyber theft of 401(k) plan accounts. Tune in as we discuss why 401(k) plans are vulnerable to cyber security breaches, what kinds of cyber security frauds we are seeing in 401(k) plans, evolvi…
 
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On December 16th, 2020, the EEOC issued updated guidance for employers in light of the FDA's recent authorization of Pfizer's COVID-19 …
 
In this episode of The Proskauer Brief, 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 sanct…
 
In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements.…
 
In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification. In recent years, the misclassification of workers as independent contractors has been the subject of a number of private lawsuits and investigations by government agencies.…
 
In this episode of The Proskauer Brief, partners Harris Mufson, Seth Safra, Mike Lebowich and Guy Brenner discuss recent developments associated with the coronavirus (COVID-19) pandemic. Tune in as we address the latest legislative developments and issues employers should be thinking about when confronting the ramifications of this virus in the wor…
 
For a number of ERISA, tax and other regulatory reasons, it may be desirable for the manager or sponsor of an investment fund or other structure to utilize what is often referred to as a plan asset "hard-wired" conduit feeder. Tune in to this podcast as partner Ira Bogner and senior counsel Adam Scoll discuss more about these structures, and the ad…
 
In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss VCOC "Management Rights." For VCOC compliance purposes, "management rights" are contractual rights directly between an investing entity and an operating company by which the investing entity can substantially participate in, or substantially in…
 
In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California's most recent legislative response to the #MeToo movement. These developments include new restrictions on confidentiality and arbitration as well as the extension of the statute of limitations applicable to harassment, discrimination and retaliation claims…
 
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recent updates in state laws regarding voting leaves and political activities by employees. Currently twenty-two states have laws on the books that require some form of paid voting leave for employees. With Election Day right around the corner, New York recen…
 
In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss when and how an ERISA plan fiduciary may consider “ESG factors,” (i.e., environmental, social and governance factors) when investing ERISA plan assets. As these circumstances are fairly limited, we advise ERISA plan fiduciaries to proceed with …
 
In this episode of The Proskauer Brief, New York partner Howard Robbins and London partner Dan Ornstein discuss how U.K. laws affect U.S. employers. As if dealing with U.S. employment laws are not difficult enough, international businesses also have to face several challenges of local requirements. Tune in as we discuss many U.K. laws on discrimina…
 
In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss ERISA’s bonding requirements. ERISA’s bonding rules generally require that every fiduciary of an ERISA-covered employee benefit plan and every person who handles funds or other property of such a plan be bonded. We will break down these bonding…
 
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the recent developments out of New York State, that will significantly expand workplace anti-discrimination protections. Among other things, recent amendments to New York law will lower the burden on plaintiffs seeking to prove claims of workplace h…
 
Over a year after the CA Supreme Court set new standards for worker classification in its Dynamex ruling, employers with workers in California are faced with often conflicting information about this decision’s practical impact. In this episode of The Proskauer Benefits Brief, Kate Napalkova, special employee benefits and executive compensation coun…
 
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss the recent New York law prohibiting discrimination on the basis of certain hairstyles. This law expands the definition of race under the New York State Human Rights Law to now expressly include “traits historically associated with race,” which include b…
 
In this episode of the Proskauer Brief, partners Steven Hurd and Patrick Lamparello discuss recent trends in reductions in force (RIFs) in financial services and some of the main reasons employers are engaging in them. These include automation of jobs or other technological developments, cost reductions, investor preferences, employee redistributio…
 
In this episode of The Proskauer Benefits Brief, our final installment in the series exploring the basic COBRA rules, partner Paul Hamburger is joined by associate Katrina McCann and they discuss the penalties for noncompliance. Employers and plan administrators often ask what types of penalties they are exposed to if they get it wrong. What is the…
 
In this episode of The Proskauer Benefits Brief, our series on the COBRA basics rolls on. Partner Paul Hamburger is joined by associate Talya Scolnik and they discuss some of the key COBRA considerations for some of the nontraditional health plan related programs such as Employee Assistance Programs (EAPs) and Health Wellness Programs, Flexible Spe…
 
In this episode of The Proskauer Benefits Brief, partner Paul Hamburger and associate Tyler Forni highlight some of the key COBRA rules to keep in mind in Mergers and Acquisition context. Most people understand that in any M&A interaction, COBRA rules need to be addressed, so be sure to tune in to the next episode in this COBRA series.…
 
In this episode of The Proskauer Benefits Brief, our series outlining the basic COBRA rules continues. Partner Paul Hamburger and associate Talya Scolnik highlight some of the key COBRA rules to keep in mind in understand how long COBRA coverage lasts. This can be a complicated and very technical issue, so be sure to tune in.…
 
In this episode of The Proskauer Benefits Brief, partner Paul Hamburger joins Jennifer Rigterink to talk about some of the tricky points related to COBRA premium payment rules. In this installment of our series on COBRA rules, they highlight what plan administrators need to consider when facing COBRA premium payment issues.…
 
In this episode of The Proskauer Benefits Brief, partner Paul Hamburger is joined once again by associate Gabrielle Fox as they discuss important rules and practical issues that arise in dealing with COBRA’s election rules. They will provide insight on important questions related to COBRA election rules such as when elections have to be made, who c…
 
In this episode of The Proskauer Benefits Brief, partner Paul Hamburger talks with associate Gabrielle Fox about some of the important considerations in dealing with notice rules for COBRA purposes. In this edition of our COBRA series, we will explain how notices are a key to COBRA administration. They trigger rights for qualified beneficiaries and…
 
In this episode of The Proskauer Benefits Brief, partner Paul Hamburger is joined by associate Talya Scolnik to explore some of the important considerations in identifying qualifying events for COBRA purposes. This is a little more complicated than just listing the qualifying events, so be sure to tune in for important information on this topic.…
 
In this episode of The Proskauer Benefits Brief, we continue our series on the basics of COBRA. Partner Paul Hamburger and associate Caroline Cima discuss some of the important considerations in identifying who are qualified beneficiaries for COBRA purposes.由Proskauer
 
In this episode of The Proskauer Benefits Brief, we begin our series outlining the basic COBRA rules and understand the facts and fiction surrounding COBRA coverage rules. In this kickoff episode, partner Paul Hamburger and associate Tyler Forni highlight basic COBRA terms and definitions. They also identify the group plans that are subject to COBR…
 
In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee compensation arrangements. Specifically, they will focus on key contractual provisions that employers should incorporate int…
 
In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll provide an overview of the plan assets exceptions for private investment funds, and discuss why such plan assets exceptions matter to private investment fund managers that might want to accept investments from ERISA-covered plans. Given that compliance…
 
In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss recently passed legislation by the New York City Council, which would prohibit some employers in NYC from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair Chance Act to make it an unlawful …
 
In this episode of the Proskauer Benefits Brief, partner Rob Projansky and associate Jennifer Rigterink follow up on a previous Benefits Brief episode on Cybersecurity and Employee Benefit Plans by discussing the risks associated with cyber theft of 401k plans. Cyber theft in 401k plans usually happens when a hacker has a person’s credentials and i…
 
In this episode of the Proskauer Benefits Brief, partner Paul Hamburger, and associate Katrina McCann discuss the suspension of benefits rules, and the unique and interesting issues that arise when defined benefit plan participants work beyond their normal retirement age. Plan sponsors and administrators should tune in, as these rules are quite com…
 
In this episode of The Proskauer Brief, partner Harris Mufson and associate Arielle Kobetz discuss the New York City Commission on Human Rights (NYCCHR) enforcement guidance on appearance and grooming policies that ban or restrict naturally curly hair, dreadlocks, braids, cornrows and other hairstyles. While the guidance, which was issued on Februa…
 
In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and associate Joe Clark discuss how the attorney-client privilege rules apply in an employee benefit plan context. The attorney-client privilege allows for the free flow of information between an attorney and a …
 
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as other legislative developments. They will highlight cases pending before the Supreme Court and what we can expect from the Nation…
 
In this episode of the "Can My Employees Do That?" series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and similar activities. We also discuss whether an employer can restrict an employee’s association with groups or publications on soci…
 
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Office of Federal Contract Compliance Programs (OFCCP). Harris and Guy highlight OFCCP’s recent activities and discuss what government contractors should expect in 2019, so be sure to tune in.由Proskauer
 
In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins continue their “Can My Employees Do That?” series. In this installment, Harris and Howard discuss the legal requirements regarding service animals in the workplace and provide practical advice for employers to address requests by employees to bring service animals to …
 
In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States Supreme Court and the lower courts, as well as legislative and regulatory developments that affect the workplace. Be sure to tun…
 
In this episode of The Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss the key considerations for ERISA plan fiduciaries when delegating investment authority over plan assets. We will break down some of the material ERISA issues that may apply when an ERISA plan hires a separate account investment manager or inves…
 
In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins conduct the first part in a series of podcasts entitled, “Can My Employees Do That?” In this installment, Harris and Howard discuss workplace recordings and monitoring workplace emails. Please tune in to hear timely insight regarding these key employment issues.…
 
In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and associate Steven Einhorn discuss the recently proposed IRS regulations addressing the hardship withdrawal rules affecting 401(k) and 403(b) plans. We will discuss challenging questions employers and administ…
 
In this episode of the Proskauer Benefits Brief, partner Robert Projansky and associate Katrina McCann discuss the recent district court case, Texas et al. v. The United States of America, which declared the Affordable Care Act (ACA) unconstitutional. On December 14, 2018, a district court judge in the Northern District of Texas deemed the entirety…
 
In this episode of The Proskauer Brief, partner Harris Mufson and senior associate Danielle Moss offer tips to help employers be proactive and avoid liability at their holiday parties. While the holidays are supposed to be the happiest time of year, many employers experience anxiety around their holiday parties. From high-level tips to state law sp…
 
In this episode of The Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss the key considerations for ERISA investors in private investment funds, as well as a plan fiduciary’s overarching fiduciary duties and responsibilities that are related thereto. One of the first key considerations is to determine the plan asset…
 
In this episode of The Proskauer Brief, partner Harris Mufson and partner Allan Bloom discuss recent developments in federal overtime rules. The Trump administration recently released its fall 2018 regulatory agenda, with lots of information relating to the Department of Labor (DOL). The DOL appears to be committed to a more business-friendly regul…
 
In the final episode of a seven-part series for The Proskauer Benefits Brief, partners Michael Album and Josh Miller talk about employment agreements in the context of a management buyout. They go over the key terms and issues that management should focus on when reviewing and negotiating their go-forward employment arrangements, compensation struc…
 
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