Proskauer’s global Labor & Employment practice includes over 115 lawyers with a longstanding reputation for excellence. We are precedent setters, strategic problem solvers, and trusted counsel, with clients in a wide range of industries including asset management, sports, healthcare, law firms, media and entertainment, higher education, and hospitality. We partner with clients on high stakes issues, complex business operations, and day to day support, providing advice on the ever-evolving workplace issues that impact corporate culture. Unlike our competitors, our practice focuses not only on the litigation of employment claims, but also navigating the complexities of the law through our sophisticated counseling, training, and workplace investigations practices. Representing our clients’ interests throughout the employee lifecycle provides Proskauer with a unique 360-degree perspective of workplace issues, allowing us to anticipate and prevent lawsuits before they arise. Proskauer’s practice focuses on class and collective actions; discrimination, harassment and Title VII; restrictive covenants, trade secrets & unfair competition; wage & hour; whistleblowing and retaliation; and workplace investigations, achieving significant victories in high-stakes claims.
Select recent representations include:
- Trial counsel for Cedars-Sinai Medical Center in a jury trial in Los Angeles Superior Court involving allegations from a security guard who was terminated for sleeping or appearing to sleep on duty. The plaintiff brought six claims against Cedars-Sinai for discrimination and retaliation under various state statutes. Following a two-week trial, Proskauer secured a defense verdict on four of the plaintiff’s six claims. The jury verdict on the remaining two claims awarded only a fraction of the damages requested by the plaintiff, reflecting a stark departure from more exorbitant verdicts in similar trials in this venue.
- Secured a victory for Walmart in a California federal court class action, where employees alleged they were required to use personal phones with Walmart apps without reimbursement. We opposed class certification, arguing individualized inquiries were needed due to Walmart's lawful reimbursement policy. Declarations from employees showed many did not use the apps or chose to use personal phones for convenience, while Walmart provided other devices. The Court granted partial summary judgment for Walmart and denied class certification.
- Secured a significant victory for McGraw-Hill Education in an arbitration brought by a former employee alleging sexual harassment, gender and age discrimination and retaliation under the New York City Human Rights Law. After a six-day arbitration hearing, as well as post-hearing briefing and oral arguments, the arbitrator, Hon. Carol E. Heckman (Ret.), issued a final arbitration award denying all of the claimant's claims with prejudice.
- Secured a permanent injunction for Beyond Finance against its former Chief Marketing Officer in a high-profile non-compete and trade secrets lawsuit in a Texas state court. After a three-day bench trial, the Court barred the CMO from marketing roles in the debt consolidation industry and protected Beyond Finance's trade secrets.
- Lead counsel for National Basketball Association (NBA) in an employment discrimination lawsuit in the Southern District of New York. The lawsuit, filed by three former NBA officials, alleges religious discrimination, among other claims, based on the denial of their requests for religious exemptions from the COVID-19 vaccine requirement.
- Representation of National Academy of Recording Arts and Sciences (The Recording Academy/GRAMMY Organization) and its charitable arm, MusiCares in various employment litigation and counseling matters. For over 20 years, we have provided day-to-day employment advice and handled litigation, including recent claims of wrongful termination, discrimination, and harassment. We led the defense in the high-profile dispute with former President/CEO Deborah Dugan and continue to represent the organization in other prominent litigation and arbitration cases.
- Representation of McDonald’s Corporation in day-to-day counseling on its most significant and complex employment disputes at both the corporate and restaurant levels. We are defending Corporate Defendants in a lawsuit filed by two senior managers alleging race discrimination in the Northern District of Illinois. Our team also represents McDonald’s USA and McDonald’s Corp before administrative agencies and in federal and state courts nationwide in cases brought by employees alleging violations of federal and state laws. Additionally, we represent McDonald’s in lawsuits from franchise employees claiming joint employer liability for race discrimination or sexual harassment occurring in franchised restaurants.
- Counsel for the Metropolitan Transportation Authority and Long Island Railroad in a constitutional challenge brought by a former employee who was terminated after a return-to-duty drug test for marijuana. The test, required under the collective bargaining agreement's return-to-duty medical clearance policy, was supplemented by the employer's drug and alcohol policy. The employee's union had previously challenged the railroad's right to conduct such testing, but an arbitration board upheld the practice, citing past precedent. The railroad successfully moved to dismiss the employee's constitutional claim, arguing that the union had consented to the testing on behalf of its members. The Eastern District of New York granted the motion in full.
- Representation of Major League Baseball (MLB) in several employment matters, including:
o Defense of the MLB, Commissioner Manfred and 29 MLB Clubs in a putative class and collective action brought on behalf of professional baseball scouts alleging claims of age discrimination. The case is currently pending in federal district court in Colorado.
o Counsel for MLB in disciplinary proceedings against Trevor Bauer. Bauer was suspended for violating the League’s Domestic Violence Policy. Although other players have been disciplined under the policy, Bauer was the first player to ever challenge his suspension in arbitration. After hearings that spanned several months, the neutral arbitrator upheld a 194-game suspension—the longest disciplinary suspension for a player in MLB history.
Updated Oct 2024
