California and New York recently enacted statutory restrictions aimed at “stay-or-pay” arrangements: California AB 692 (Cal. Bus. & Prof. Code § 16608 & Cal. Lab. Code § 926) and the New York Trapped at Work Act (N.Y. Lab. Law art. 37, §§ 1050-1055), respectively. Such arrangements are contractual provisions that, while falling short of a non-competition agreement, make it costly
Proskauer Rose LLP
Proskauer Rose LLP Blogs
Blog Authors
Latest from Proskauer Rose LLP
EEOC Issues Updated Guidance on National Origin Discrimination
The EEOC has issued a one-page technical assistance document, “Discrimination Against American Workers Is Against the Law” and updated its national origin discrimination landing page, reinforcing national origin discrimination protections with a focus on immigration-related issues. The latest guidance follows the EEOC’s previous 2016 Enforcement Guidance on National Origin Discrimination, which remains in effect.
Title VII,…
Court Narrowly Interprets Whistleblower Protections Under AMLA and FIRREA
On September 23, 2025, in Park v. Shinhan Bank America, the U.S. District Court for the Southern District of New York dismissed whistleblower retaliation claims brought by four former compliance officers of Shinhan Bank America (“SHBA”) pursuant to Rule 12(b)(6). No. 22-CV-10331 (VSB). The claims arose under the Anti-Money Laundering Act of 2020 (“AMLA”) and the Financial Institutions Reform, Recovery,…
Colorado Federal Court Dismisses SOX and Dodd-Frank Whistleblower Claims, Emphasizing Administrative Prerequisites
On September 17, 2025, in Prkic v. Sezzle, Inc., the U.S. District Court for the District of Colorado dismissed whistleblower retaliation claims under both the Sarbanes-Oxley Act (“SOX”) and the Dodd-Frank Act (“Dodd-Frank”) where the plaintiff failed to: (i) submit her SOX claim to OSHA; and, (ii) provide information to the SEC during her employment. No. 24-cv-02624. The plaintiff’s claims…
FTC Signals Forthcoming Non-compete Enforcement Actions
On September 4, 2025, the FTC announced an enforcement action and proposed settlement with Gateway Pet Memorial Services (the “Company”), a pet cremation company, over the Company’s overuse of post-employment non-competes with certain terms it found concerning. At nearly the same time, the FTC withdrew its appeals pending in the Fifth and Eleventh Circuits of district court rulings issued last…
DC District Court Dismisses SOX Whistleblower Retaliation Claim Where Plaintiff Was Employed Abroad And His Employment Contract Was Not Governed By U.S. Law
In Jefferson v. Science Apps. Int’l Corp., et al.,[1] the U.S. District Court for the District of Columbia dismissed the plaintiff’s whistleblower retaliation claim brought under Section 806 of the Sarbanes-Oxley Act (“SOX” or the “Act”), holding, in line with courts across the country, that the statute does not apply extraterritorially and that there can be no domestic application…
Washington Federal Court Refuses to Dismiss SOX Whistleblower Claim Despite Plaintiff Working Abroad
On March 25, 2025, in Smith v. Coupang,[1] the United States District Court for the Western District of Washington denied Coupang, Inc.’s motion to dismiss its former employee’s SOX and state law whistleblower claims despite the plaintiff working in South Korea for a South Korean subsidiary of a U.S.-based publicly traded company.
Background
Plaintiff is a U.S. citizen who…
U.S. Supreme Court Holds Majority-Group Plaintiffs Are Not Subject to a Heightened Evidentiary Standard Under Title VII
On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in Ames v. Ohio Dep’t of Youth Services, ruling that the “background circumstances” test—which applies a heighted evidentiary standard to majority group plaintiffs seeking to state a prima facie claim for disparate treatment under Title VII—is inconsistent with Title VII. The Court vacated…
Kansas Passes Pro-Employer Restrictive Covenant Legislation
On April 9, 2025, Kansas Governor Laura Kelley signed into law Senate Bill No. 241 (the “Bill”), which amends the Kansas Restraint of Trade Act (the “Act”) to (a) create presumptions of enforceability for non-solicitation covenants meeting the Act’s requirements, and (b) require reformation of overbroad restrictive covenants. The Act expressly excludes non-competition covenants from its scope. K.S.A. § 50-163(d)(6). …
Former Executive Secures $34.5 Million Settlement in Whistleblower Retaliation Case
On March 20, 2025, in Zornoza v. Terraform Global Inc. et al, No. 818-cv-02523 (D. Md. Apr. 4, 2025), a former executive of two SunEdison subsidiaries secured a $34.5 million settlement over his SOX whistleblower retaliation claims.
Background
Carlos Domenech Zornoza (the “Executive”), the former President and CEO of two SunEdison subsidiaries, filed a whistleblower retaliation complaint with the…