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
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
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
As we previously reported, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for...more
5/20/2024
/ Competition ,
Corporate Sales Transactions ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements
The Federal Trade Commission (FTC) voted to issue a final rule that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”)...more
11/20/2023
/ Federal Labor Laws ,
Final Rules ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRA ,
NLRB ,
State Labor Laws ,
Summary Judgment
On August 18, 2023, in Hamilton v. Dallas County, the Fifth Circuit Court of Appeals reversed decades of precedent by broadening the standard for what constitutes an actionable adverse employment action....more
On Monday, September 14, 2020, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) announced another extension of the flexibility rule issued earlier this year relating to the completion...more
On Monday, September 14, 2020, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) announced another extension of the flexibility rule issued earlier this year relating to the completion...more
9/17/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Extensions ,
Form I-9 ,
Hiring & Firing ,
Human Resources Professionals ,
Immigration and Customs Enforcement (ICE) ,
Physical Presence Test ,
State of Emergency
Department of Homeland Security (DHS) announced on March 20, 2020 that it will allow for flexibility in the completion of the Employment Eligibility Verification (Form I-9) for employers working remotely due to COVID-19...more
Last week, the New Jersey Supreme Court ruled that an employee who was fired after revealing that he used medical marijuana outside of work to treat his cancer has a basis to sue for disability discrimination under the New...more
3/18/2020
/ Adverse Employment Action ,
Appeals ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees
Employers seeking to employ H-1B workers must register with the U.S. Citizenship and Immigration Services (USCIS) by March 20, 2020, to be eligible for the FY 2021 H-1B lottery. ...more
2/14/2020
/ Corporate Counsel ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Job Applicants ,
Lottery ,
Registration Fees ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visas
On November 22nd, the CFPB issued a press release announcing that a stipulated final judgment and order (Order) were filed in the U.S. District Court for the Southern District of New York against Sterling Infosystems, Inc....more
One of the first actions taken by Democratic Congresswoman Maxine Waters upon becoming Chairwoman of the House Financial Services Committee was to announce the creation of a new Subcommittee on Diversity and Inclusion (D&I)....more
Want to hire a skilled foreign worker? Don't delay, act now!
The H-1B visa allows companies in the United States to temporarily hire foreign workers in occupations requiring the theoretical and practical application of a...more
Employers should take note of a recent ruling by the U.S. Court of Appeals for the Third Circuit in a case involving the arbitration clause in an independent contractor agreement....more
The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This...more
Regulated entities should be aware that on August 2, 2016, the Federal Reserve, Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation published a "Frequently Asked Questions" (FAQ)...more
Pennsylvania became the latest state to legalize medical marijuana when Governor Tom Wolf signed the Pennsylvania Medical Marijuana Act into law last week. The statute, which had bipartisan support, establishes a medical...more
Pursuant to a mandate contained in Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank or Act), six federal agencies jointly issued new Diversity and Inclusion (D&I) Standards today. These...more
On June 26, 2014, I participated in a panel presentation at the MBA Strategic Markets and Diversity Summit, in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau’s Office of Minority and...more
6/30/2014
/ Banks ,
Consumer Financial Protection Bureau (CFPB) ,
Diversity ,
Dodd-Frank ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
FDIC ,
Hiring & Firing ,
NCUA ,
OCC ,
Securities and Exchange Commission (SEC)