The National Labor Relations Board’s (NLRB) Acting General Counsel recently concluded that surreptitious recordings of collective bargaining sessions is a per se violation of the National Labor Relations Act (the Act). In...more
The U.S. Department of Labor (DOL) recently confirmed the establishment of a temporary Office of Immigration Policy, aimed at enhancing how DOL administers employment‑based immigration programs....more
On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic...more
6/25/2025
/ Anti-Retaliation Provisions ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
Local Ordinance ,
New Legislation ,
Paid Sick Leave ,
Penalties ,
State and Local Government ,
Wage and Hour ,
Wage Theft
On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more
6/18/2025
/ Affirmative Action ,
Ames v Ohio Department of Youth Services ,
Civil Rights Act ,
Constitutional Challenges ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Evidentiary Standards ,
Job Promotions ,
Judicial Authority ,
McDonnell Douglas Formula ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Title VII
President Trump’s proposed budget for Fiscal Year (FY) 2026 includes substantial reductions to the U.S. Department of Labor’s (DOL) budget and staff. The proposed discretionary budget is slashed from $13.5 billion to $9...more
6/18/2025
/ Budget Cuts ,
Department of Labor (DOL) ,
Employee Benefits ,
Enforcement Actions ,
Federal Budget ,
Government Agencies ,
NLRB ,
OFCCP ,
OSHA ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
Unfair Labor Practices ,
Wage and Hour
A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....more
6/3/2025
/ Appeals ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Deregulation ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Gender Identity ,
Labor Reform ,
Lack of Authority ,
LGBTQ ,
Regulatory Requirements ,
Reporting Requirements ,
Sexual Orientation Discrimination ,
Statutory Authority ,
Texas ,
Title VII ,
Transgender ,
Vacated
The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and...more
5/30/2025
/ Civil Rights Act ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Gender Identity ,
LGBTQ ,
Reporting Requirements ,
Sex Discrimination ,
Title VII ,
Trump Administration
On April 30, 2025, Congressional Representatives Stephanie Bice (R-Oklahoma) and Chrissy Houlahan (D-Pennsylvania) introduced the More Paid Leave for More Americans Act in the House of Representatives....more
5/21/2025
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Federal Funding ,
Federal Labor Laws ,
Paid Family Leave Law ,
Paid Leave ,
Paid Time Off (PTO) ,
Proposed Legislation ,
Regulatory Agenda
The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more
5/14/2025
/ Biden Administration ,
Constitutional Challenges ,
Contract Interpretation ,
Department of Justice (DOJ) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
First Amendment ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Statutory Interpretation ,
Trump Administration ,
Unions
Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more
5/14/2025
/ Civil Rights Act ,
Defense Sector ,
Department of Defense (DOD) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Bans ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
Military Service Members ,
Military Status ,
SCOTUS ,
Title VII ,
Transgender ,
Trump Administration
During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred...more
5/14/2025
/ Appeals ,
Biden Administration ,
Department of Labor (DOL) ,
Deregulation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Over-Time ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring...more
4/18/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
First Amendment ,
Judicial Authority ,
Labor Reform ,
Preliminary Injunctions ,
Regulatory Requirements ,
Trump Administration
The 21st Century Veterans Healthcare and Benefits Improvement Act, also known as the Dole Act, was signed into law by President Biden on January 2, 2025. This legislation expands employment protections for veterans under the...more
4/16/2025
/ Dole Act ,
Employee Rights ,
Employee Training ,
Employer Responsibilities ,
Employment Policies ,
Federal Labor Laws ,
Military Leave ,
New Legislation ,
Retaliation ,
USERRA ,
Veterans
On March 27, 2025, the United States District Court for the Northern District of Illinois granted a nationwide temporary restraining order (TRO) preventing the Department of Labor (DOL) from requiring federal contractors and...more
4/16/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
First Amendment ,
Government Agencies ,
Preliminary Injunctions ,
TRO ,
Trump Administration
On April 1, 2025, the American Alliance for Equal Rights (“AAER”) filed complaints with the Internal Revenue Service (“IRS”) alleging three tax-exempt private foundations—the Gates Foundation, the Lagrant Foundation and the...more
4/7/2025
/ 501(c)(3) ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Executive Orders ,
Grants ,
IRS ,
Nonprofits ,
Race Discrimination ,
Reverse Discrimination ,
Scholarships ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Tax Exemptions ,
Trump Administration
On March 24, 2025, the U.S. Department of Labor announced the appointment of Catherine Eschbach as Director of the Office of Federal Contract Compliance Programs (OFCCP), the agency charged with overseeing regulation and...more
4/4/2025
/ Administrative Appointments ,
Affirmative Action ,
Audits ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
Hiring & Firing ,
Merit-Based Point System ,
OFCCP ,
Regulatory Reform ,
Students for Fair Admissions v Harvard College ,
Veterans
Following President Trump’s issuance of Executive Order 14148 on January 20, 2025, which rescinded 78 executive actions taken by Former President Biden, the President rescinded an additional slew of Biden-era executive...more
On March 10, 2025, in a 67-32 vote, the Senate confirmed the appointment of one-term Congresswoman Lori Chavez-DeRemer as the 30th Secretary of Labor and former EEOC Commissioner Keith Sonderling as Deputy Secretary....more
On October 7, 2024, the National Labor Relations Board’s (NLRB) top prosecutor issued a memo to NLRB regional offices, solidifying the hard line her office will take on noncompete and “stay-or-pay” agreements and calling for...more
ATS Tree Services, LLC (“ATS”) has voluntarily dismissed the lawsuit it filed in April 2024 in the U.S. District Court for the Eastern District of Pennsylvania challenging the Federal Trade Commission’s (“FTC”) Non-Compete...more
What’s next for employers who want to protect their businesses from competition from departing employees, including the loss of customers, employees, and confidential information? With a federal court injunction against the...more
The FDIC is urging financial institutions it supervises to voluntarily submit self-assessments of their diversity policies and practices to the agency by Oct. 31, 2024....more
In just a month since the U.S. Supreme Court overturned the Chevron Deference Doctrine, district courts across the country have blocked several federal agency rules, including an injunction in Texas barring enforcement of the...more
7/30/2024
/ Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Chevron v NRDC ,
Clean Air Act ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Loper Bright Enterprises v Raimondo ,
Natural Resources ,
Pregnant Workers Fairness Act ,
Regulatory Agenda ,
SCOTUS ,
Statutory Interpretation
As we previously reported, here, the Federal Trade Commission (FTC) issued a Final Rule on April 23, 2024 that would prevent most employers from enforcing non-compete agreements against workers, effective September 4, 2024...more
7/15/2024
/ Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Motion To Enjoin ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants
On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers...more
6/13/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Colorado ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Employment Discrimination ,
Hiring & Firing ,
Labor Reform ,
Machine Learning ,
New Legislation ,
Risk Management ,
State Labor Laws