Proskauer Rose LLP

We are 725+ lawyers serving clients from 13 offices located in the leading financial and business centers in the Americas, Europe and Asia.

The world’s leading organizations, companies and corporations choose us to be their representatives in their most critical situations. But more, they consider Proskauer a strategic partner to drive their business forward. We work with asset managers, major sports leagues, Fortune 500 companies, entertainment industry legends and other industry-redefining companies.

We are entrepreneurial, inclusive, and committed to making a difference for good.

As we previously reported (here), on June 3, 2021, California’s Occupational Safety and Health Standards Board (“OSHSB”) approved some controversial revisions to its Emergency Temporary Standards (“ETS”) related to COVID-19.  Among other highly-contested provisions, the updated ETS would have required even fully-vaccinated individuals to don masks indoors unless everyone in a room was fully-vaccinated.  However, before the much-maligned revised ETS could take effect, the OSHSB did an immediate about-face. On June 9, 2021, the OSHSB convened a special meeting to consider how the new ETS aligned with guidance from the Centers for Disease Control and Prevention and the…
In a closely-watched vote, yesterday (June 3, 2021), California’s Occupational Safety & Health Standards Board  approved controversial amendments to the Emergency Temporary Standards (“ETS”) related to COVID-19.  If approved by the Office of Administrative Law within the 10 day review period, the new ETS (available here) will require (among many other things) most California workers (whether or not they are vaccinated) to continue to wear face masks “when indoors, when outdoors and less than six feet away from another person, and where required by orders from the … [California Department of Public Health] or local health department[s].”  Employees…
The California Court of Appeal has determined that a wrongful discharge claim cannot be based upon an alleged violation of a municipal ordinance.  Bruni v. The Edward Thomas Hospitality Corporation. The California Supreme Court has previously ruled that wrongful termination claims must be based upon a violation of a “fundamental public policy.”  In the years since that decision, plaintiffs’ lawyers have asserted a wide variety of wrongful discharge, constructive discharge, and failure to hire claims based on a broad array of federal, state and local statutes, constitutional provisions, regulations and ordinances.  However, it had been an open question as…
On May 18, 2021, Santa Clara County issued a new Order of the Health Officer (the “Order”) that took effect on May 19th.  Of particular note, the Order imposes two new obligations:  First, it mandates that employers require all personnel to immediately alert their employer if they test positive for COVID-19 and were present in the workplace either (1) within the 48 hours prior to onset of symptoms or within 10 days after onset of symptoms if they were symptomatic; or (2) within 48 hours prior to the date on which they were tested or within 10 days after the…
Last week, New York announced new tax increases that will subject certain of its residents to higher personal income tax rates than even Californians pay.  Before the pages on that bill had cooled, the California legislature was well on its way to showing it would not relinquish its top-of-the-heap status without a fight by proposing a new “wealth tax” on California residents. In response, the California Chamber of Commerce added the following four bills to its annual list of Job Killer bills. Here are the fresh additions: ACA-8 (Lee; D-San Jose) New Wealth Tax – Would amend the California Constitution…
With COVID-19 cases falling and vaccination rates increasing, the County of Los Angeles is updating guidance for reopening the economy. Effective Monday, April 5, 2021, Los Angeles County non-essential office-based businesses can now reopen indoors, at 50% capacity, per the new County of Los Angeles Department of Public Health Order of the Health Officer. This revised order was updated as a result of Los Angeles County’s move into the “Orange Tier,” which reflects a moderate risk of COVID-19 transmission. In addition to allowing offices to reopen at a limited capacity, the order increases capacity limits for restaurants, breweries,…
We have long reported about that modern marvel of well-intentioned legislation gone awry known as the Private Attorneys General Act (“PAGA”) – and we also have noted that in practice, PAGA stands for Pretty-much All Goes to the Attorneys.  A recently published report (the “Report”) from some of the former leaders of the California Department of Industrial Relations and Cal/OSHA suggests we were right. Originally enacted in 2004 to remedy an ostensible “strain on government resources,” PAGA enables an “aggrieved employee” to file representative actions on behalf of fellow employees to recover civil penalties from an employer for…
On April 27, 2021 the Employment Round Table of Southern California is hosting a complimentary new webinar titled, The Biden Administration’s First 100 days: What California Employers and Employees Need to Know. Proskauer partner Tony Oncidi will be joined by Andrew H. Friedman, an employment law partner at Helmer Friedman LLP.  Tony and Andrew will discuss and analyze the Biden Administration’s proposed changes and initiatives and the impact they will likely have on employers and employees alike, in and outside of California. For more information on the event, or if you would like to register to attend, please click here
The California Department of Industrial Relations (DIR) recently updated its Guide to COVID-19 Related Frequently Asked Questions to include wage and hour issues related to employer-mandated COVID-19 tests or vaccinations.  According to this latest guidance, if an employer requires employees to obtain a COVID-19 test or vaccination, the employer must pay “for the time it takes for testing or vaccination because such time would constitute ‘hours worked.’”  The DIR noted that this time would constitute “hours worked” because “the employer exercised control over the worker by requiring the worker to perform [the] task” of being tested or vaccinated.  This guidance…
It’s springtime in California!  And even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing hundreds of new laws because, after all, you can never get too much of a good thing! Yes, it’s Bill Passing Season in Sacramento, and the California legislature seems as determined as ever to defend the state’s vaunted position as one of the top “Judicial Hellholes” in the nation! In that vein, The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills from the California Legislature. This year’s list includes…