Shows
Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 50: Activism and EBECIn this episode of The Proskauer Benefits Brief, David Teigman, partner in the Tax Department and a member of the Employee Benefits & Executive Compensation Group, Josh Apfelroth, partner in the Private Equity and Mergers & Acquisitions Group and Nick LaSpina, senior counsel in the Employee Benefits and Executive Compensation Group discuss shareholder activism in the public company context and more specifically within the framework of executive compensation. Because executive compensation can be a hot‑button topic for shareholders and can be implicated in a variety of activist situations, be sure to tune in for the latest insights into these matters.
2024-05-2911 min
Private Market Talks: Conversations and insights on the private markets with private capital’s leading figures.The Hedge Fund Platform Model with Crestline’s Caroline CooleyIn this episode, we’re joined by Caroline Cooley, managing partner and CIO for Crestline Summit Strategies. Caroline joined Crestline in 1998 and has since helped build the firm into a multi-strategy, multi-portfolio and multi-billion-dollar asset manager.
During our conversation, we explore Crestline’s “platform model” and how that model allows the hedge fund to manage risk and engage and retain top talent in the industry. We also discuss Crestline’s strategy for delivering alpha through an equity-oriented, market-neutral investment philosophy. We finish with Caroline’s views on what it takes to be a successful CIO and insights into some of...
2024-05-1343 minPrivate Market Talks: Conversations and insights on the private markets with private capital’s leading figures.Powering the AI Revolution with DigitalBridge’s Kyle ColvinDigital Infrastructure – the cell towers, data centers, fiber and small cells that power our wireless and mobile data – is one of the fastest growing investment sectors today. New technologies such as 5G and IoT have put increasing demands on what many call the fourth utility and now, comes AI – the most demanding technology yet. As the global economy transitions to all things digital, powering this revolution has become mission-critical. On this episode of Private Market Talks, we explore what is required to operate, build and scale the infrastructure at the heart of a converging digital ecosystem. We also discuss the uniqu...
2024-04-1933 min
The Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 48: In a World Without Non-CompetesIn this episode of The Proskauer Brief we are joined by Daryl Leon, one of the leads of Proskauer’s Restrictive Covenants, Trade Secrets and Unfair Competition Group and Edna Guerrasio, senior counsel in the Labor & Employment Law Department. Along with partner Steve Pearlman, Daryl and Edna recently published an article in Legal Drive that discusses methods and strategies employers can use to bulk up their protections for trade secrets and human capital in a world where non-competes are becoming less and less viable. Tune in as they build on the topics covered in that article and discuss in gre...
2023-11-0608 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 47: The new NLRB standard on Handbook Policies and Workplace RulesIn this episode of The Proskauer Brief, senior counsels Jurate Schwartz, Joshua Fox, and special employment law counsel Laura Fant discuss the new standard on personnel policies and workplace rules set forth by the National Labor Relations Board (NLRB) in its August 1, 2023 decision in Stericycle, Inc., 372 NLRB No. 113 (2023). Be sure to tune in as we discuss why employers should take this opportunity to review their existing handbooks and policies with counsel in light of the new standard.
2023-08-2311 min
Worth It: Insights on wealth management and personal planning strategies.Episode 10: You Can Turn Your Home Into Major Estate Tax SavingsIn this episode of Worth It, Proskauer associates Jacob Wonn and Nathalie Stenmark discuss qualified personal residence trusts (also known as “QPRTs”), how they work, what the potential benefits are and why clients might consider this particular estate planning technique. With the current rising interest rate environment, there has been a renewed interest in QPRTs, so be sure to tune in!
2023-06-0716 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 49: Rep and Warranty Insurance and Executive Compensation and Employees BenefitsIn this episode of The Proskauer Benefits Brief, David Teigman, partner in the Employee Benefits and Executive Compensation Group, Simon Sharpe, partner and member of our Private Equity and Mergers & Acquisitions groups and Nick LaSpina, senior counsel in the Employee Benefits and Executive Compensation Group discuss rep and warranty insurance (RWI) in the mergers and acquisitions context. They also focus on certain aspects of this insurance product as it relates to executive compensation and employee benefits matters. For the last 10 years, we have only seen the use of this insurance product proliferate, so be sure to tune in as t...
2023-04-0314 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 48: DOL’s 2022 Final ESG RulesIn this episode of The Proskauer Benefits Brief, Proskauer partners Ira Bogner and Adam Scoll and law clerk Tanusha Yarlagadda discuss the Department of Labor’s final ESG rules issued on November 22, 2022, and how those rules affect the consideration by ERISA fiduciaries of environmental, social, and governance or “ESG” factors when making investment decisions and exercising shareholder rights, such as voting proxies. Although these final rules generally became effective on January 30, 2023, they are currently being challenged both in the courts and in Congress.
2023-03-2309 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 46: NYC Council Considers Expanding the City’s Pay Transparency LawIn this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Council's recently proposed amendments to the city's pay transparency law. Presently, an employer is only required to include the “base annual or hourly wage or rate of pay” and not other forms of compensation or benefits offered. The proposed amendment would expand these obligations to: (1) require that jobs, promotions and transfer opportunities include “a description of the job, promotion or transfer opportunity and the non-salary or non-wage compensation for such position” in the posting; and (2) that employer...
2023-02-1710 minPrivate Market Talks: Conversations and insights on the private markets with private capital’s leading figures.Welcome to Proskauer’s Private Market Talks with Peter AntoszykThe private market has exploded over the last 10 years. But how it works is less obvious. Come join host Peter Antoszyk in conversations with leading investors, asset managers and other capital allocators while we take a fresh look at what’s driving investors to pour billions of dollars into this alternative market. Together, we’ll hear their strategies and stories. And learn the secrets of their success.
Please listen and subscribe to Private Market Talks on all of your major podcast services.
2023-02-1400 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 45: The New York City Pay Transparency Law Takes EffectIn this episode of The Proskauer Brief, partners Evandro Gigante, Allan Bloom and special employment law counsel Laura Fant discuss the New York City Pay Transparency Law, which is set to come into effect on November 1, 2022. The law covers employers with four or more employees and generally requires covered employers who post a job, promotion, or transfer opportunity for a position that can or will be performed, at least in part, in New York City to disclose the minimum and maximum annual salary or hourly wage that the employer in good faith believes it would pay for the position. Tu...
2022-10-2616 minWorth It: Insights on wealth management and personal planning strategies.Episode 8: Decanting to Modify an Existing Irrevocable TrustIn this episode of Worth It, Proskauer associates Jacob Wonn and James Muller discuss the idea of "decanting" irrevocable trusts and what that means for clients. Clients who have assets that might pass outright to their descendants may consider decanting to extend the term of the trust and provide additional management benefits and creditor protection to their descendants. So be sure to tune in and see why clients may consider decanting trusts that they have already formed.
2022-08-0108 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 47: Cross-Border Asset DealsIn this episode of The Proskauer Benefits Brief, partner David Teigman, senior counsel Nick LaSpina, and special international labor & employment counsel Nicola Bartholomew, discuss differences between asset sales in the US and the UK, with respect to transfers of employees. In short, there are significant differences that are not necessarily intuitive to US practitioners. In the US, parties will have commercial freedom to make offers of employment and negotiate terms, whereas in the UK employees will transfer automatically as a result of TUPE and a number of significant protections and obligations apply that will need to be factored into the...
2022-05-1710 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 46: Employee Retention IssuesIn this episode of The Proskauer Benefits Brief, Proskauer partner David Teigman, senior counsel Nick LaSpina, and special guest Michelle Garrett, a principal at the compensation consulting firm Semler Brossy, discuss employee retention. It seems like there is an article almost every day talking about the “great resignation.” In a nutshell, there have been far more job transitions recently than there have been in the past. Tune in as we discuss what employers can do to help retain employees in this working environment.
2022-02-1808 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 45: Key ERISA Fee and Investment Litigation Developments and the Impact of Hughes v. Northwestern UniversityIn this episode of The Proskauer Benefits Brief, Myron D. Rumeld, partner and co-chair of Proskauer’s ERISA Litigation group and senior associate Tulio D. Chirinos, review the current state of affairs with respect to the litigation challenging the fees charged and investments offered in defined contribution plans; and The Supreme Court’s recent decision in Hughes v. Northwestern University where the court reversed and remanded the Seventh Circuit’s decision affirming dismissal of a 403(b) plan excessive fee litigation.
2022-02-1717 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 44: The New York City Pay Transparency LawIn this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss a recent New York City law requiring employers to state salary ranges in job postings. Effective May 15, 2022, as an amendment to the New York City Human Rights law, it shall now be an unlawful discriminatory practice for an employer or their agent to advertise a job including promotions or transfer opportunities without stating the minimum and maximum salary for the position in the job advertisement. Employers should tune in to see what they will really need to consider when implementing this law.
2022-02-1606 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 43: Developments & trends across the country in non-compete lawIn this episode of The Proskauer Brief we are joined by partner Guy Brenner, who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and Daryl Leon, an associate in Proskauer’s New York office and senior member of the Firm’s Non‑Compete and Trade Secrets Practice Group. Employers should listen in as we discuss key developments and trends we've been seeing across the country in non-compete law.
2021-11-1806 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 42: A COVID-19 Employment Law UpdateIn this episode of The Proskauer Brief, partners Evandro Gigante and Steve Hurd discuss key developments regarding the COVID-19 pandemic, including employer vaccination policies, the forthcoming OSHA emergency temporary standard and the New York State HERO Act. So be sure to tune in as we explore the latest trends we are seeing in terms of employer-imposed vaccine mandates.
2021-11-0312 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 41: D.C. Ban on Non-Compete Agreements Amendment Act of 2020In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who heads up Proskauer’s D.C. Employment Law practice and co-chairs our Non‑Compete and Trade Secrets Practice group and Daryl Leon, an associate in Proskauer’s New York office and senior member of the Firm’s Non‑Compete and Trade Secrets Practice Group. Tune in as we discuss “The Ban on Non-Compete Agreements Amendment Act of 2020,” a law that is set to take effect in our nation’s capital in 2022. The law essentially bans all employers from entering into any agreements that bar their employees w...
2021-10-1907 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 43: Special Financial Assistance for Multiemployer Pension Plans (Part 2)This episode of The Proskauer Benefits Brief is the second of our three-part series analyzing the Pension Benefit Guaranty Corporation (PBGC) guidance on the new special financial assistance program for troubled multiemployer pension plans that was created by the American Rescue Plan Act (ARPA). Tune in as Rob Projansky and Justin Alex dig into more details on the guidance and the program.
2021-08-2011 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 42: Special Financial Assistance for Multiemployer Pension Plans (Part 1)This episode of The Proskauer Benefits Brief is the first of our three-part series analyzing the Pension Benefit Guaranty Corporation (PBGC) guidance on the new special financial assistance program for troubled multiemployer pension plans that was created by the American Rescue Plan Act (ARPA). In this initial episode, partner Rob Projansky and senior counsel Justin Alex cover the basic contours of the program.
2021-08-0308 minWorth It: Insights on wealth management and personal planning strategies.Episode 7: Lifetime Planning - The Benefits of Creating Lifetime Trusts for Children and Other DescendantsIn this episode of Worth It, Proskauer Associate Dan Hatten and Senior Counsel Nathaniel Birdsall discuss why clients should strongly consider planning with lifetime trusts for their children, grandchildren and more remote descendants.
2021-07-1614 minWorth It: Insights on wealth management and personal planning strategies.Episode 6: What Estate Planning Documents Does Every Client Need?In this episode of Worth It, Proskauer partner Stephanie Heilborn and associate Dan Hatten discuss the standard estate planning documents every client needs, what those documents do, and why those documents are important to have in place.
2021-05-0714 minWorth It: Insights on wealth management and personal planning strategies.Episode 5: Tax Matters - An Overview Of The Proposed Changes To Federal Transfer Tax LawIn this episode of Worth It, Proskauer partner and head of the firm's Private Client Services Group David Pratt and associate Daniel W. Hatten discuss the recent bills introduced in Congress which could dramatically alter federal transfer taxes, how those changes could affect clients, and what steps clients can take in the interim.
2021-04-0718 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 40: What can employers expect from the Biden Administration?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.
2021-02-1012 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 41: Cyber-theft of 401(k) accountsIn 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, evolving litigation on these issues and steps plan sponsors can take to mitigate risk.
2021-01-2113 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 39: Mandatory COVID-19 VaccinationsIn 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 vaccine for emergency use. Widespread vaccinations have been largely perceived as critical in returning all employees to the workplace in a safe manner and allowing employers to resume normal business operations. Tune in as we discuss what many employers should consider regarding requiring employees to be vaccinated before returning to th...
2020-12-2211 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 38: OFCCP Opens Hotline for Complaints of Race and Sex Stereotyping in Workplace TrainingIn 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 sanctions, including debarment for failure to comply. Tune in as we discuss key considerations for government contractors in the wake of the order.
2020-10-1505 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 37: Recent Developments on California’s COVID-19 Supplemental Paid Sick Leave LawIn 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.
2020-10-0805 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 36: DOL‘s Proposed Rule on Independent ContractorsIn 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. This is true for traditional industries and also companies within the gig economy, which rely heavily on independent contractors. So be sure to tune in as we address how this proposed rule may impact employers’ classification of workers.
2020-10-0508 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 35: Recent Developments Associated With The Coronavirus PandemicIn 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 workplace.
2020-03-2413 min
The Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 34: How Employers Can Deal With The CoronavirusIn this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the coronavirus and what employers should be thinking about regarding that virus in the workplace. While the Occupational Safety and Health Administration has stated that most American workers are not at significant risk of infection at this time, it’s never too early for employers to consider how they can address employees’ concerns and help prevent an outbreak and address one if it occurs. Tune in as we discuss practical tips and advice for employers who are thinking about being proactive in terms of confronting the po...
2020-02-0405 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 33: Reductions in ForceIn this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss considerations and best practices associated with reductions in force. Companies that make a business decision to reduce its staffing should consider what goals they are looking to achieve. Is it cost reduction or a consolidation of positions? Or is it to weed out lower performing employees? These considerations will tend to inform whether the employer decides to do a voluntary reduction in force or involuntary reduction in force. Tune as we discuss practical tips for employers considering a RIF.
2020-01-0209 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 39: VCOC Management RightsIn 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 influence the conduct of, the management of the operating company. Unfortunately, there is not a ton of guidance out there explaining what constitutes sufficient VCOC "management rights," so make sure to tune in to this podcast to hear our views.
2019-12-1705 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 32: California's Legislative Response to the #MeToo MovementIn 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. So be sure to tune in as Tony and Kate highlight the most important new laws facing California employers in the Age of #MeToo.
2019-11-1805 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 31: State Laws Regarding Voting Leaves & Political Activities By EmployeesIn 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 recently changed their law so that an employee is entitled to as much time off as needed that’s going to enable that employee to vote in an election, up to which three of those hours have to be paid. Given the wide range of laws gov...
2019-10-3104 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 38: Considering ESG Factors When Investing ERISA Plan AssetsIn 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 caution in this regard. Tune in for more important information in this episode.
2019-10-2305 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 30: U.K. Law for U.S. EmployersIn 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 discrimination, harassment, and retaliation, and their similarities to U.S. counterparts. In addition we will highlight what impact Brexit may have on U.K. employment law, including changes in relation to the protections of part-time or agency workers, and workers in...
2019-10-1012 min
Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 37: ERISA’s Bonding RequirementsIn 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 rules and their importance, so be sure to tune in to this episode.
2019-10-0205 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 29: New York State Expanded Protections Against Workplace HarassmentIn 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 harassment under the Human Rights law. Employers should tune in to see what impact the new law may have on the scope of harassment claims and what changes to policies or practices should be implemented.
2019-08-2907 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 36: Worker Classification after Dynamex, Not as Simple as ABCOver 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 counsel, and associate Pietro Deserio discuss Dynamex and its broader meaning for employers and other stakeholders, both in the compliance and transaction arenas.
2019-08-0712 min
The Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 28: New York State Enacts Law Prohibiting Hairstyle DiscriminationIn 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 but are not limited to hair texture and protective hairstyles. Employers should tune in to see what impact the new law may have on the scope of race discrimination claims and what changes to polices or practices should be implemented when thinking about this new law.
2019-08-0207 min
The Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 27: Reduction in Force (RIFs) Trends in the Financial Services IndustryIn 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 redistributions, and even Brexit has been a reason for downsizing. So be sure to tune in as we discuss best practices an employer can engage in to carry out a RIF as well as practical alternatives an employer can consider to a reduction in force.
2019-07-1606 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 35: COBRA Basics Part 10: COBRA penalties for noncomplianceIn 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 cost in correcting the COBRA error? We discuss these important issues so be sure to tune in.
2019-07-1509 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 34: COBRA Basics Part 9: COBRA rules for nontraditional health programsIn 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 Spending Accounts (FSAs) and Health Reimbursement Arrangements (HRAs).
2019-07-1509 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 33: COBRA Basics Part 8: COBRA in the M&A ContextIn 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.
2019-07-1509 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 32: COBRA Basics Part 7: Key Rules to Understand How Long COBRA lastsIn 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.
2019-07-1508 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 31: COBRA Basics Part 6: What are the COBRA Premium Payment Rules?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.
2019-07-1514 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 30: COBRA Basics Part 5: What are the COBRA Election Rules?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 can make the elections, and what happens to coverage during the COBRA election period.
2019-07-1508 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 29: COBRA Basics Part 4: What are the COBRA Notice Requirements?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 obligations for plans and plan administrators, so be sure to tune in.
2019-07-1508 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 28: COBRA Basics Part 3: Identifying Qualifying Events for COBRA PurposesIn 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.
2019-07-1511 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 27: COBRA Basics Part 2: Qualified Beneficiaries for COBRA PurposesIn 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.
2019-07-1511 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 26: COBRA Basics Part 1: What Group Plans Are Subject to COBRA?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 COBRA. So be sure to tune in for some important information on COBRA rules as related to group plans.
2019-07-1508 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 25: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality CovenantsIn 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 into any document that includes a confidentiality covenant. Employers should be sure to tune in to see why involving your in-house team and outside executive compensation and employment counsel to regularly audit employment agreements, employee handbooks, independent confidentiality and IP assignment agreements, and other company policies is always a good idea.
2019-05-2208 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 24: Plan Assets Exceptions for Private Investment FundsIn 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 with a plan assets exception may prove to be quite complex, they highly recommend that private investment fund managers consult with experienced ERISA legal counsel during all phases of their fund formation and fundraise, and Proskauer is always here to help in that regard. Be sure...
2019-05-1309 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 26: Medical Marijuana and the potential NYC new lawIn 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 discriminatory practice for an employer, including an employment agency or their agents, to require that a prospective employee or an applicant submit to drug testing regarding the presence of marijuana as a condition of employment. That bill, if signed by Mayor de Blas...
2019-05-0607 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 23: Cyber Theft in 401K PlansIn 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 is able to access their plan account through e-mail phishing, or malware/spyware. They are likely to steal social security numbers and other personal information as well. We’ll discuss some of the risks and remedies associated with cyber theft of these 401k plans, s...
2019-04-2507 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 22: Suspension of Benefits IssuesIn 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 complicated and are often misunderstood.
2019-04-0109 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 25: The NYCCHR Issues New Enforcement Guidance on Appearance & Grooming PoliciesIn 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 February 19, 2019, specifically details protections for Black people – who, according to the NYCCHR, are frequent targets of race discrimination based on hair – it also cites as unlawful “any grooming or appearance policies that generally target communities of color, religious minorities, or other communities,” which are protected under applicable law. So be sure to...
2019-03-2704 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 21: Attorney-Client Privilege in the Employee Benefit Plan ContextIn 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 client in order to insure that the client gets the best possible representation. We discuss the various specific rules that apply in the employee benefit plan context where information is often shared between attorneys and plan fiduciaries. Be sure to tune in for the latest insight on this signi...
2019-03-1908 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 24: The Employment Law Landscape in 2019In 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 National Labor Relations Board (NLRB). Be sure to tune in for this 2019 preview.
Update: On February 25, 2019, after the recording of this episode, the U.S. Supreme Court vacated the Ninth Circuit’s decision in Yovino v. Rizo due to the death of Judge St...
2019-02-2807 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 22: What Government Contractors Should Expect in 2019In 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.
2019-02-0707 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 21: Can My Employees Bring Animals To Work?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 work. Please tune in to hear their insight regarding this challenging employment issue.
2019-02-0608 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 20: Looking Back: Highlights in Labor and Employment Law from 2018In 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 tune in for this 2018 recap of some highlights in Labor and Employment Law.
2019-01-2408 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 20: Key Considerations for ERISA Plan Fiduciaries When Delegating Investment AuthorityIn 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 invests in a private investment deemed to be holding ERISA plan assets.
2019-01-0807 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 19: Can My Employees Do That?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.
2019-01-0310 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 19: Proposed IRS Regulations Affecting 401(k) and 403(b) PlansIn 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 administrators face as they work through the new requirements, which include the elimination of the six-month contribution suspension for participants who take a hardship withdrawal and how many plans will need to be amended as a result of these new proposed regulations. Be sure to tune in for the latest insight on this very...
2018-12-1909 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 18: Texas Judge Declares Affordable Care Act UnconstitutionalIn 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 of the Affordable Care Act invalid because he found the individual mandate to be unconstitutional. From what would happen to the employer mandate to emergency care coverage, tune in as we discuss what these changes could mean for employers and plan sponsors if the court’s decisio...
2018-12-1907 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 18: The Ultimate Holiday Present: Tips For A Liability-Free Office PartyIn 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 specific training suggestions, Harris and Danielle discuss some of the ways employers can throw safe and liability-free holiday parties. So listen in and unwrap this early holiday present to allay your concerns about this important and timely topic.
2018-12-0506 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 17: Key Considerations for ERISA Investors in Private Investment FundsIn 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 status of the private investment fund. Tune in and listen as we break down the material ERISA issues for ERISA investors to consider when investing in private investment funds.
2018-11-0908 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 17: Recent Developments in Federal Overtime RulesIn 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 regulatory framework which limits the burdens that regulations place on employers. Be sure to tune in to learn about proposed new overtime rules and their impact on employers and their employees.
2018-10-2608 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 16: Nuts and Bolts on a Management Buyout (Part 7 of 7)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 structure, severance protection and restrictive covenants with the buyer following the sale. Tune in and listen for the latest insights on management buyouts.
2018-10-2209 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 15: Nuts and Bolts on a Management Buyout (Part 6 of 7)In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller discuss the incentive equity package that management will be offered in the buyout, including the structure of the incentive pool, vesting, and favorable tax treatment of incentive grants. Tune in and listen for the latest insights and perspective on management buyouts in this sixth of a seven part series.
2018-10-2207 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 14: Nuts and Bolts on a Management Buyout (Part 5 of 7)In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller are back to continue their discussion of the rights that management gets when it “rolls” old equity into new equity in the buyout vehicle and then introduce incentive equity awards for management. Be sure to tune in and listen for the latest on management buyouts in this fifth of a seven part series.
2018-10-2206 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 13: Nuts and Bolts on a Management Buyout (Part 4 of 7)In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller return to discuss how management can use a “template” to have a bidder identify the way compensation issues will be addressed in an MBO. They also discuss the “rollover” by management of their equity in an MBO. Be sure to tune in and listen for the latest insights and perspective on management buyouts in this fourth of a seven part series.
2018-10-2208 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 16: Recent Developments Regarding New York State Anti-Harassment LawsIn this episode of The Proskauer Brief, partner Evandro Gigante and associate Laura Fant discuss recent amendments to New York State law prohibiting sexual harassment. The law will require employers to distribute policies prohibiting sexual harassment in the work place and implement annual training on sexual harassment. These policies, which much be distributed by October 9, 2018, are required to satisfy certain minimum standards set by the new guidance. In addition to the policy requirement, all employees in New York State must receive anti-harassment training on an annual basis. Be sure to tune in and find out how employers can fulfill their...
2018-10-0512 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 12: Nuts and Bolts on a Management Buyout (Part 3 of 7)In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller return to discuss the nuts and bolts of a management buyout, and in particular, how management deals with the selling sponsor and the bidder, and starts to develop their own compensation packages post-closing and consider deal bonuses from the selling sponsor. Be sure to tune in and listen for the latest insights and perspective on management buyouts in this third of a seven part series.
2018-10-0506 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 11: Nuts and Bolts on a Management Buyout (Part 2 of 7)In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller return to discuss the nuts and bolts of a management buyout. As part of their discussion they highlight the different types of transactions (single bidder vs. multi-bidder) and the various tasks that management faces in handling the process and as a first step inventorying their own compensation arrangements. Be sure to tune in and listen for the latest insights and perspective on management buyouts in this second of a seven part series.
2018-10-0507 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 10: Nuts and Bolts on a Management Buyout (Part 1 of 7)In this episode of The Proskauer Benefits Brief, partners Michael Album and Josh Miller discuss the nuts and bolts of a management buyout, and in particular, the issues and strategies that management needs to know. They examine the structure of a management buyout and discuss in detail the process behind the buy-out and how it unfolds for management. Be sure to tune in and listen for the latest insights and perspective on management buyouts in this first of a seven part series.
2018-10-0505 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 9: Steps to Reduce Risk of Claims Associated with 401k PlansIn this episode of the Proskauer Benefits Brief, partner Myron D. Rumeld and associate Joseph Clark discuss participant-directed defined contribution (DC) plans and the lawsuits against the fiduciaries and service providers which are responsible for administering them. We will examine the best practices that can achieve favorable results for plan participants and the practices that can avert litigation or enable plan fiduciaries to effectively defend themselves if there is litigation. With the proliferation of DC lawsuits in recent years, be sure to tune in for this very important issue impacting plan sponsors and fiduciaries.
2018-09-1411 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 15: New Non-Compete Law in MassachusettsIn this episode of The Proskauer Brief, partner Harris Mufson and associate Samantha Regenbogen discuss significant reforms to Massachusetts law that will apply to non-competition agreements as well as adopting the Uniform Trade Secrets Act (UTSA). The law will cover non-compete agreements entered into with Massachusetts residents and Massachusetts employees on or after October 1, 2018 (but not retroactively), including independent contractors. With less than two months until the law goes into effect, employers should promptly consult with counsel to discuss the impact of the new legislation and to prepare compliant language and forms for future non-compete agreements.
2018-08-2707 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 14: New York City Temporary Schedule Change LawIn this episode of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss the New York City Temporary Schedule Change Law that recently went to effect. This law requires employers to grant employee requests for temporary schedule changes for certain medical and family care purposes, which can include caring for a minor child or for another family or household member who requires care due to a disability or medical condition, attending certain government proceedings for benefits and also for other reasons under the New York City Earned Sick and Safe Time Act.
2018-08-0205 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 8: QDROs in Ten Easy StepsIn this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and partner Robert Projansky discuss ten basic steps for how to manage qualified domestic relations orders (QDROs). A QDRO is a judgment, decree or order for a retirement plan to pay child support, alimony or marital property rights to a spouse, former spouse, child or other dependent of a participant. Many of our clients and plan administrators spend a significant amount of time on QDROs. Tune in and listen to how we make it easier for them to handle QDRO issue...
2018-07-3112 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 13: MA and NJ Pay Equity LawsIn this episode of the Proskauer Brief, partner Harris Mufson is joined by associates Rebecca Sivitz and Maryssa Mataras to discuss the recently enacted Pay Equity Laws in Massachusetts and New Jersey. So be sure to tune in for the latest insight on this very important issue.
2018-07-2305 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 7: Fixing Retirement Plan OverpaymentsIn this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and associate Katrina McCann discuss how to fix retirement plan overpayments, based on (1) the type of plan (i.e., defined contribution or defined benefit plan), (2) whether the overpayment was with respect to a lump sum or ongoing payments, (3) the type of overpayment (whether it was to the wrong person or paid at the wrong time), and (4) who caused the overpayment. They discuss the requirements, the decisions involved, and certain ERISA and taxation issues that can arise when addressing these overpayments.
2018-07-0208 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 6: Cybersecurity & Employee Benefit PlansIn this episode of the Proskauer Benefits Brief, partner Neal Schelberg and associate Miriam Dubin discuss cybersecurity issues impacting employee benefit plans. Data breaches are occurring with increased frequency in today’s digital environment. Benefit plans in particular are uniquely susceptible to cyber-risks because they store large amounts of sensitive employee information and share it with multiple third parties. In this episode, we discuss the developing legal framework in the area of cybersecurity and outline practical tips that plan sponsors and record-keepers may use to secure plan data. So be sure to tune in for this very important issue imp...
2018-06-0405 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 12: Recent Developments in California LawIn this episode of The Proskauer Brief, partners Tony Oncidi and Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what's new on the #MeToo front.
2018-05-2509 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 5: ACA Employer Assessment LettersIn this episode of the Proskauer Benefits Brief, senior counsel Damian Myers and associate Liz Down examine the IRS’s enforcement of the Affordable Care Act’s (ACA) employer shared responsibility mandate. We discuss how the IRS is assessing penalties and offer tips on what employers can do when they receive assessment notices. Be sure to tune in for the latest insight on this very important issue.
2018-05-0906 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 11: Recent Developments Regarding Sexual Harassment in the WorkplaceIn this episode of The Proskauer Brief, Harris Mufson and Allan Bloom discuss recent legislative developments in New York regarding sexual harassment. We will discuss recently enacted significant measures, including the prohibition of nondisclosure clauses in settlement agreements, unless the complainant prefers confidentiality, mandatory training requirements and the expansion of the NYS Human Rights Law to nonemployees including contractors, subcontractors, vendors, and consultants.
2018-04-2706 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 4: Employee Benefit Plan Related Issues in the Context of Disaster Recovery Situations (Part 2 of 2)Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster relief programs.
2018-04-0307 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 3: Employee Benefit Plan Related Issues in the Context of Disaster Recovery Situations (Part 1 of 2)Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster relief programs.
2018-04-0305 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 2: The Ten Things You Need to Know to Survive an IRS AuditIn this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and associate Katrina McCann discuss the top ten things employers need to know to survive an IRS audit. Although plans can be audited at any time, the IRS is focused on Employee Plans Team Audits (EPTA), which deal with large plans that cover 2,500 or more participants. Even though the number of EPTA plans is fewer than 1%, the IRS has found that these plans cover approximately 60% of all participants and nearly 70% of all plan assets. So, whether you are subject to an...
2018-04-0312 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 10: Recent Developments in Title VIIIn this episode of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex discrimination under Title VII, one by the Second Circuit and the other by the Sixth Circuit. In addition, we will highlight some of the state and city statutory prohibitions that exist against sexual orientation discrimination throughout the country.
2018-03-2704 minProskauer Benefits Brief: Legal Insight on Employee Benefits & Executive CompensationEpisode 1: Severance Pay Plans & ERISAIn this episode of the Proskauer Benefits Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We examine the key advantages of having severance pay arrangements covered by ERISA and what employers can do to design plans that comply with the substantive and procedural requirements of ERISA, but also maximize the likelihood of benefitting from ERISA coverage. Whether a severance plan or arrangement is governed by ERISA is a rather fact-intensive analysis, so be sure to tune in for how those facts and circumstances can give rise to an ERISA plan.
2018-02-2606 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 9: Severance Pay Plans & ERISAIn this benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We will discuss the key advantages of having severance pay arrangements covered by ERISA and what employers can do to design plans that comply with the substantive and procedural requirements of ERISA, but also maximize the likelihood of benefitting from ERISA coverage. Whether a severance plan or arrangement is governed by ERISA is a rather fact-intensive analysis, so be sure to tune in for how those facts and circumstances can give rise to...
2018-02-1606 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 8: Laws Governing Background Checks for EmployersIn this episode of The Proskauer Brief, partner Harris Mufson and associate Michelle Gyves discuss the main laws governing background checks for employers. We will discuss how employers can utilize the federal Fair Credit Reporting Act (FCRA) to conduct pre-employment background checks on candidates. In addition to FCRA, we also discuss how “ban the box” and credit check laws play a role in screening potential employees. Be sure to tune in for more information on how these laws can affect both employers and candidates.
2018-01-1709 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 7: Recent Amendments to the New York Earned Sick Time ActIn this episode of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss recent amendments to the New York Earned Sick Time Act, which provides for paid sick days for eligible employees working in New York City. We will discuss how the recent changes will now both expand the covered reasons for leave under the law, and also expand the family members that employees can take leave to care for. In addition, we will highlight several other cities and states outside of New York that have adopted or are in the process of adopting similar laws.
2017-12-1404 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 6: The Challenges and Pitfalls Surrounding Requests for Multiple Medical Leaves of AbsenceIn this edition of The Proskauer Brief, partner Harris Mufson and associate Laura Fant discuss the challenges and pitfalls surrounding requests for multiple medical leaves of absence. We will talk about the obligation of employers to provide reasonable accommodation under the Americans with Disabilities Act and related laws. We will also discuss a recent decision from the Seventh Circuit holding that extended leaves of absence may not be required to be granted in all circumstances, and talk about how courts in other jurisdictions, as well as the EEOC, take a very different approach. Managing employee leave is a challenge that m...
2017-10-1606 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 5: Employee Benefit Plan Related Issues in the Context of Disaster Recovery Situations (Part 2 of 2)Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma, and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster relief programs.
2017-10-0907 minThe Proskauer Brief: Hot Topics in Labor & Employment LawEpisode 4: Employee Benefit Plan Related Issues in the Context of Disaster Recovery Situations (Part 1 of 2)Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma, and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster relief programs.
2017-09-2505 min