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Muldrow Sets a New Standard for Workplace Discrimination

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did...more

Proposed Rule Would Impose Pay Transparency and Salary History Requirements for Federal Contractors

The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which...more

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

New EEOC Guidance Clarifies Employer Responsibility for Discrimination in AI Employment Tools

Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers...more

Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee

Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In...more

How AI and Automated Systems Use Can Lead to Discrimination in Hiring

Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity...more

Affirmative Action: Six Employer Questions After the Supreme Court Arguments

On October 31, 2022, the U.S. Supreme Court held oral arguments in two landmark cases, Students for Fair Admissions, Inc. v. President and Fellows of Harvard and Students for Fair Admissions, Inc. v. University of North...more

US Department of Labor Proposes Independent Contractor Rule

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more

Recent Large Government Settlements Reflect Unique Risks to Employers for Antitrust Violations

Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more

Federal Contractors in Limbo After Vaccine Mandate Nationwide Injunction Is Narrowed

A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more

OFCCP Issues Revised Compensation Data Directive

Federal contractors should remain vigilant in how they structure and conduct internal pay equity audits to ensure compliance with newly revised federal guidance. On August 18, 2022, the U.S. Department of Labor’s (DOL) Office...more

OFCCP Directive on Internal Pay Equity Audits Takes on Privilege Claims

Federal contractors who conduct pay equity audits under attorney-client and work product privileges face increased risks under a new directive by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance...more

Federal Contractor Threatened With Suspension and Debarment for Not Submitting Affirmative Action Plans

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently reminded federal contractors that the government has broad authority to audit and investigate contractors’ equal employment...more

Federal Contractor Vaccine Mandate Blocked in Nationwide Injunction

On December 7, 2021, a federal district court in Georgia issued a nationwide injunction blocking the federal contractor vaccine mandate and other protocols. In a 28-page decision, the district court determined that the...more

Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring all employers with a total of 100 or more employees to mandate...more

Frequently Asked Questions on Religious Objections to Employer COVID-19 Vaccine Mandates

On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine...more

Federal Contractors Bracing for Implementation of Vaccine Mandate

Last week, the federal government began enforcing the requirements of the Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors” (COVID EO) and its supporting guidance. The COVID EO directs...more

OFCCP Signals More Rigorous Enforcement Landscape With Three Big Moves

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has taken three recent notable actions. Specifically, OFCCP (1) will require a contractor to submit a verification of an affirmative action...more

District Court Denies Preliminary Injunction Against Colorado’s Equal Pay Act

On May 27, 2021, the U.S. District Court for the District of Colorado (court) denied Rocky Mountain Association of Recruiters’ (Rocky Mountain) motion for preliminary injunction. Rocky Mountain was seeking to prevent...more

US Department of Labor Announces Final Rule Regarding Independent Contractors - Update

The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more

Challenge to Colorado Equal Pay for Equal Work Act Will Have Important (and Costly) Implications for Employers

Colorado’s Equal Pay for Equal Work Act, SB19-085 (the Equal Pay Act), went into effect on January 1, 2021. Colorado’s new law follows a string of laws in other states seeking to expand the protections related to equal pay,...more

US Department of Labor Announces Final Rule Regarding Independent Contractors

On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more

Higher Education Institutions May Be Back in the Department of Labor’s Crosshairs

The gender equity movement focused higher education institutions on pay equality. For example, in 2016, the Equal Employment Opportunity Commission (EEOC) sued the University of Denver alleging gender discrimination in...more

Legal Topics Related to Recent Diversity Initiatives

The recent focus on social justice, coupled with the #MeToo movement created several years ago, has pushed companies to make bold efforts related to diversity and inclusion. Those efforts have taken many forms as companies...more

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