Employment disputes can have far-reaching implications for a company’s reputation, market share and ability to retain and attract talent. When the stakes are highest, employers, boards and senior executives turn to Paul, Weiss for our deft handling of internal investigations and track record of favorably resolving complex employment litigations.
Liza Velazquez Speaks at American Employment Law Council’s Annual Conference
Litigation partner Liza Velazquez spoke on the plenary panel on “Investigations in the Post-Weinstein Era” at the American Employment Law Council’s 26th Annual Conference on October 12. The AELC is the premiere company-side employment law professional organization and attendees included in-house counsel from several major U.S. corporations.
Events & Publications
COVID-19 Update: New York State and CDC Guidance for Employers Reopening Offices
- May 30, 2020
- Publications
COVID-19 Update: New York State and CDC Guidance for Employers Reopening Offices
Under the NY Forward Reopening Plan, New York State has now issued guidance for reopening Phase Two industries.
Class Certification Case Developments (May 2020)
- May 28, 2020
- Publications
Class Certification Case Developments (May 2020)
In this installment of our client alerts focused on class certification decisions, we discuss three recent cases which illustrate an issue percolating in district courts across the country regarding personal jurisdiction in nationwide …
COVID-19 Update: New York State Guidance on Reopening Businesses
- May 19, 2020
- Publications
COVID-19 Update: New York State Guidance on Reopening Businesses
Under New York State’s reopening plan, non-essential businesses in the state’s 10 regions can begin reopening once their region meets seven metrics established to protect public health. Within each region that meets the public health…
Department of Education Issues New Regulations Governing How Colleges and Universities Investigate and Adjudicate Sexual Misconduct Cases under Title IX
- May 11, 2020
- Publications
Department of Education Issues New Regulations Governing How Colleges and Universities Investigate and Adjudicate Sexual Misconduct Cases under Title IX
On May 6, 2020, the U.S. Department of Education released its long-awaited final regulations governing how colleges and universities must investigate and adjudicate allegations of sexual assault and sexual harassment.
COVID-19 Update: Practical Considerations for Employers as They Prepare for a Return to the Workplace
- Apr 27, 2020
- Publications
COVID-19 Update: Practical Considerations for Employers as They Prepare for a Return to the Workplace
Drawing on new guidance by the EEOC, the CDC and OSHA, we offer practical considerations for employers on navigating some of the difficult issues involved in planning and implementing a successful and safe return to the workplace.
CARES Act UPDATE: SBA Issues Additional Paycheck Protection Program Guidance, Including for Private Equity Firms and Hedge Funds
- Apr 25, 2020
- Publications
CARES Act UPDATE: SBA Issues Additional Paycheck Protection Program Guidance, Including for Private Equity Firms and Hedge Funds
The SBA has issued a new interim final rule on the PPP program, which clarifies that private equity firms and hedge funds are ineligible for PPP loans.
DOJ and FTC Issue Warning on Anticompetitive Conduct Affecting Labor Markets During the COVID-19 Pandemic
- Apr 17, 2020
- Publications
DOJ and FTC Issue Warning on Anticompetitive Conduct Affecting Labor Markets During the COVID-19 Pandemic
A new DOJ-FTC joint antitrust statement regarding COVID-19 and competition in labor markets issued April 13 is an important reminder that anticompetitive labor practices may lead to civil or even criminal liability in certain…
Key Provisions of the “Phase Three” COVID-19 Stimulus Package
- Mar 27, 2020
- Publications
Key Provisions of the “Phase Three” COVID-19 Stimulus Package
With the passage of the Coronavirus Aid, Relief, and Economic Security Act now imminent, we summarize key provisions of the emergency stimulus package, including relief for small businesses; emergency funding for companies suffering…
COVID-19: Layoff and Furlough Considerations for Employers
- Mar 21, 2020
- Publications
COVID-19: Layoff and Furlough Considerations for Employers
In light of the significant economic impact of the COVID-19 pandemic upon businesses, we address the legal considerations for employers and certain employee protections in connection with reductions of employee headcount and/or…
New York Passes Emergency Paid Sick Leave Law for COVID-19 Relief
- Mar 19, 2020
- Publications
New York Passes Emergency Paid Sick Leave Law for COVID-19 Relief
New York Governor Andrew Cuomo signed a law guaranteeing paid sick leave to certain workers directly affected by COVID-19. We summarize key provisions of the bill, including criteria for employee eligibility, qualifying employers and…
Coronavirus: Updated Guidance for Employers Issued by Federal, State, and City Agencies
- Mar 17, 2020
- Publications
Coronavirus: Updated Guidance for Employers Issued by Federal, State, and City Agencies
The Trump Administration on March 16 released new guidelines over the next 15 days in hopes of slowing the spread of COVID-19. We provide updates on new federal, state and city guidelines and address challenges for employers striving…
Secretary Johnson and Jeannie Rhee Discuss Coronavirus Preparedness in National Law Journal Op-Ed
- Mar 12, 2020
- Publications
Secretary Johnson and Jeannie Rhee Discuss Coronavirus Preparedness in National Law Journal Op-Ed
In an op-ed in the National Law Journal, litigation partners Jeh Johnson and Jeannie Rhee leverage their years of leadership in government service to offer guidance to general counsel and chief legal officers contending with…
Coronavirus: Employment Law Considerations and Practical Guidance for Employers
- Mar 10, 2020
- Publications
Coronavirus: Employment Law Considerations and Practical Guidance for Employers
With each day that COVID-19 grows as a threat to communities across the country, employers face unprecedented challenges and concerns. We provide a brief overview of the legal obligations relevant to employers during this public…
National Labor Relations Board Promulgates Final Joint Employer Standard
- Feb 28, 2020
- Publications
National Labor Relations Board Promulgates Final Joint Employer Standard
On February 26, 2020, the National Labor Relations Board (the “NLRB” or the “Board”) announced its final rule (the “Final Rule”)[1] establishing the standard for determining whether an entity should be considered a joint employer…
U.S. Department of Labor Promulgates Final Joint Employer Standard
- Jan 28, 2020
- Publications
U.S. Department of Labor Promulgates Final Joint Employer Standard
The U.S. Department of Labor announced its final rule setting out a four-part balancing test for determining whether a person or entity is a “joint employer” under the Fair Labor Standards Act when an employee performs work for one…
U.S. Department of Labor Promulgates Final Overtime Exemption Rule
- Oct 01, 2019
- Publications
U.S. Department of Labor Promulgates Final Overtime Exemption Rule
The U.S. Department of Labor has published its final rule that raises the earnings threshold to qualify for overtime and minimum wage exemptions under the Fair Labor Standards Act to $684 per week and allows employers to count…
Class Certification Developments (September 2019)
- Sep 27, 2019
- Publications
Class Certification Developments (September 2019)
In this installment of our client alerts focused on class certification decisions, we discuss recent cases evaluating the impact on class certification of economic models that sweep in uninjured class members.
New York State Legislature Passes Anti-Sexual Harassment and Anti-Discrimination Laws
- Jul 01, 2019
- Publications
New York State Legislature Passes Anti-Sexual Harassment and Anti-Discrimination Laws
The New York State Legislature has passed a bill amending the laws that govern sexual harassment and discrimination claims in New York State.
U.S. Department of Labor Issues New Guidance Narrowing the Definition of Workers Qualifying Under the FLSA as Employees
- May 07, 2019
- Publications
U.S. Department of Labor Issues New Guidance Narrowing the Definition of Workers Qualifying Under the FLSA as Employees
In an April 29, 2019 opinion letter (FLSA2019-6) (“Letter”), the U.S. Department of Labor (“DOL”) issued new guidance on who qualifies as an employee for purposes of the Fair Labor Standards Act (“FLSA”).
Supreme Court Deals Another Blow to Availability of Class Arbitration
- May 03, 2019
- Publications
Supreme Court Deals Another Blow to Availability of Class Arbitration
On April 24, 2019, the Supreme Court issued a decision in Lamps Plus, Inc. v. Varela, holding that under the Federal Arbitration Act (“FAA”) class arbitration may not be compelled based on ambiguous contract language.
Department of Labor Proposes New Joint Employer Standard
- Apr 05, 2019
- Publications
Department of Labor Proposes New Joint Employer Standard
The Department of Labor (“DOL”) issued a proposed rule on April 1, 2019, setting out a new four-factor test for determining whether a business is a “joint employer” under the Fair Labor Standards Act (“FLSA”).
Department of Labor Proposes New Overtime Rule
- Mar 20, 2019
- Publications
Department of Labor Proposes New Overtime Rule
On March 7, 2019, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) that would, if finalized, change the overtime exemption regulations for certain executive, administrative, and professional employees…
Liza Velazquez Speaks at American Employment Law Council’s Annual Conference
- Oct 12, 2018
- Events
Liza Velazquez Speaks at American Employment Law Council’s Annual Conference
Litigation partner Liza Velazquez spoke on the plenary panel on “Investigations in the Post-Weinstein Era” at the American Employment Law Council’s 26th Annual Conference on October 12.
New York State Issues Final Guidance on Sexual Harassment Prevention Policy and Training
- Oct 10, 2018
- Publications
New York State Issues Final Guidance on Sexual Harassment Prevention Policy and Training
On October 1, 2018, the New York State Department of Labor (the “DOL”), with the New York State Division of Human Rights, issued final guidance materials related to the State’s enhanced protections against workplace sexual harassment.
New York State Issues Model Sexual Harassment Prevention Policy and Training Module
- Sep 05, 2018
- Publications
New York State Issues Model Sexual Harassment Prevention Policy and Training Module
New York’s Department of Labor and Division of Human Rights recently issued a draft model sexual harassment prevention policy and training module.
The U.S. Supreme Court Issues Important Decision Finding Class Action Waivers in Employment Arbitration Agreements Enforceable
- May 24, 2018
- Publications
The U.S. Supreme Court Issues Important Decision Finding Class Action Waivers in Employment Arbitration Agreements Enforceable
On May 21, 2018, the United States Supreme Court, in a long-awaited decision, held that employment arbitration agreements with class action waivers requiring individual arbitration are enforceable under the Federal Arbitration Act…
New Anti-Sexual Harassment Measures in New York State and New York City
- May 10, 2018
- Publications
New Anti-Sexual Harassment Measures in New York State and New York City
On April 12, 2018, New York Governor Andrew Cuomo signed into law the state’s budget for fiscal year 2019, which contains a number of new measures that expand current state anti-sexual harassment protections.
Second Circuit Holds That Sexual Orientation Discrimination Is Covered by Title VII
- Mar 08, 2018
- Publications
Second Circuit Holds That Sexual Orientation Discrimination Is Covered by Title VII
The Second Circuit recently ruled in an en banc decision that Title VII of the 1964 Civil Rights Act covers discrimination based on sexual orientation.
U.S. Supreme Court Narrows Scope of Whistleblower Anti-Retaliation Protections
- Feb 22, 2018
- Publications
U.S. Supreme Court Narrows Scope of Whistleblower Anti-Retaliation Protections
The Supreme Court held yesterday that individuals who have reported alleged misconduct internally, but not to the SEC, are not covered by the anti-retaliation provisions of the Dodd-Frank Act, resolving a circuit split on the…
The Effect of the Tax Cuts and Jobs Act on Employer Settlements of Sexual Harassment Claims
- Jan 22, 2018
- Publications
The Effect of the Tax Cuts and Jobs Act on Employer Settlements of Sexual Harassment Claims
A little-publicized provision of the tax law enacted last month bars companies from deducting one type of settlement as a business expense: settlement payments and associated attorneys’ fees related to sexual harassment or abuse where …
Proactive Evaluation of Sexual Harassment Prevention Policies
- Jan 05, 2018
- Publications
Proactive Evaluation of Sexual Harassment Prevention Policies
Recent highly publicized instances of alleged sexual harassment and sexual assault in the workplace have caused many employers to re-evaluate their sexual harassment policies and procedures
DOL’s Final Overtime Rule - Updates and Next Steps
- Nov 28, 2017
- Videos
DOL’s Final Overtime Rule - Updates and Next Steps
The U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s 2016 Final Rule, which revised overtime exemption regulations for certain employees under the FLSA.
New York City Salary History Ban Takes Effect October 31
- Oct 26, 2017
- Publications
New York City Salary History Ban Takes Effect October 31
New York City employers will be barred from inquiring about or relying on an applicant’s salary history during the hiring process under a new law going into effect October 31. In this alert, we discuss the new law’s reach and…
Cases to Watch this Term at the Supreme Court
- Oct 06, 2017
- Publications
Cases to Watch this Term at the Supreme Court
The Supreme Court will address a number of issues important to the business community in the upcoming term, including the scope of the Alien Tort Statute, the validity of arbitration clauses in certain employment agreements, and the…
Federal Court Holds Department of Labor Overtime Exemption Rule Invalid
- Sep 08, 2017
- Publications
Federal Court Holds Department of Labor Overtime Exemption Rule Invalid
A district judge recently issued a final ruling striking down overtime eligibility changes implemented by the Department of Labor during President Obama’s administration. The changes, set to take effect last December, would have more …
Department of Labor Drops Defense of New Overtime Salary Threshold
- Aug 14, 2017
- Publications
Department of Labor Drops Defense of New Overtime Salary Threshold
In a stark reversal, the U.S. Department of Labor recently backed away from defending in court new thresholds that raised the minimum salary that full-time white-collar employees must earn to be exempt from overtime pay. The DOL also …
Client Alert: U.S. Supreme Court to Review Rulings Regarding Inclusion of Class Action Waivers in Mandatory Arbitration Agreements Between Employers and Employees
- Jan 23, 2017
- Publications
Client Alert: U.S. Supreme Court to Review Rulings Regarding Inclusion of Class Action Waivers in Mandatory Arbitration Agreements Between Employers and Employees
On January 13, the Supreme Court agreed to review decisions from three federal appellate courts that reached different conclusions regarding whether class action waivers in mandatory arbitration agreements between employees and…
Client Alert: District Court Issues Nationwide Preliminary Injunction Halting Implementation of Department of Labor’s New Overtime Rules
- Dec 02, 2016
- Publications
Client Alert: District Court Issues Nationwide Preliminary Injunction Halting Implementation of Department of Labor’s New Overtime Rules
The U.S. Department of Labor's final rule revising overtime exemption regulations for white-collar employees was set to take effect December 1. But a nationwide injunction last month blocking the rule leaves companies uncertain…
Client Alert: Department of Justice and FTC Release Antitrust Guidance for Employee Hiring and Compensation
- Nov 10, 2016
- Publications
Client Alert: Department of Justice and FTC Release Antitrust Guidance for Employee Hiring and Compensation
The DOJ's Antitrust Division and the FTC recently published the agencies' first official guidance on antitrust issues in hiring and employment practices. The White House Council of Economic Advisors recently also…
Client Memo: A Guide to the Supreme Court’s Notable Decisions this Term
- Jun 28, 2016
- Publications
Client Memo: A Guide to the Supreme Court’s Notable Decisions this Term
The Supreme Court's 2015-2016 Term will be remembered for the unexpected death of Justice Antonin Scalia on February 13, 2016.
Client Alert: Supreme Court Rules That Limitations Period for Constructive-Discharge Claims Begins to Run When Employees Provide Notice of Their Resignation
- Jun 06, 2016
- Publications
Client Alert: Supreme Court Rules That Limitations Period for Constructive-Discharge Claims Begins to Run When Employees Provide Notice of Their Resignation
In Green v. Brennan, No. 14-613 (May 23, 2016), the Supreme Court held that, in constructive-discharge claims brought by federal employees under Title VII of the Civil Rights Act of 1964, the limitations period for the time…
Client Alert: Second Circuit Review: Court Clarifies Classification of 'Hispanic' Under Title VII
- Apr 28, 2016
- Publications
Client Alert: Second Circuit Review: Court Clarifies Classification of 'Hispanic' Under Title VII
Litigation partners Marty Flumenbaum and Brad Karp's Second Circuit Review column appeared in the April 27 issue of the New York Law Journal.
Client Alert: The U.S. Supreme Court Issues Decision Allowing Use of Statistical Sampling and Representative Evidence by Class Action Plaintiffs in Tyson Foods
- Mar 25, 2016
- Publications
Client Alert: The U.S. Supreme Court Issues Decision Allowing Use of Statistical Sampling and Representative Evidence by Class Action Plaintiffs in Tyson Foods
On March 22, 2016, the United States Supreme Court, in its widely anticipated decision Tyson Foods, Inc. v. Bouaphakeo, et al., No. 14-1146, ruled 6-2 that statistical evidence and representative sampling could be used by plaintiffs…