On Wednesday, July 2, 2025, the OFCCP issued a notice (referred to as a “Stakeholder Message”) regarding the agency’s renewed enforcement activity. In short, the OFCCP will: Resume processing complaints against federal…
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/ Administrative Law, Government Contracting, Labor & Employment Law
On Tuesday, July 1, the Department of Labor (DOL) issued a proposal to rescind the Executive Order (EO) 11246 regulations – a widely expected action after President Trump signed EO 14173 in January, which directed the DOL to…
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/ Civil Rights, Government Contracting, Labor & Employment Law
Earlier today, OFCCP Director Catherine Eschbach sent an email letter to federal contractors offering the “opportunity to provide information about their efforts to wind down compliance with the EO 11246 regulatory scheme and…
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/ Administrative Law, Government Contracting
Vermont’s pay transparency law - Act 155 (House Bill 704) – goes into effect on July 1, 2025. Are you ready? Like many other states that have recently passed pay transparency laws, Vermont’s law requires employers to provide…
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/ Civil Rights, Labor & Employment Law
After the White House announced that it would “deprioritize” disparate impact cases, many employers may have mistakenly concluded that disparate impact liability was no longer a concern under Title VII. However, recent…
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/ Civil Rights, Labor & Employment Law
The Supreme Court has voted unanimously to end a Circuit Court split regarding whether members of a “majority group” have additional evidentiary burdens when bringing a case under Title VII of the Civil Rights Act for disparate…
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/ Civil Rights, Labor & Employment Law
At Berkshire, we know that the best business decisions are grounded in a thorough review of data. Decisions about your employees should be no different. Even as compliance requirements change, there are many reasons why…
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/ Civil Rights, Government Contracting, Labor & Employment Law
The White House has released the President’s fiscal 2026 budget proposal, along with a technical supplement appendix with detailed budget estimates. Of particular interest to federal contractors, the proposal seeks to “eliminate…
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/ Civil Rights, Government Contracting, Labor & Employment Law
The State of Minnesota Department of Human Rights (MDHR) has updated their process for state contractors needing to obtain and maintain a Workforce Certificate. A Workforce Certificate is required for businesses with at least 40…
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/ Administrative Law, Civil Rights, Government Contracting, Labor & Employment Law
Washington State has further updated their Equal Pay and Opportunities Act (EPOA) to focus on increasing pay transparency efforts. While it initially prohibited sex- and gender-based pay discrimination, it has expanded upon this…
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/ Civil Rights, Labor & Employment Law
On May 15, 2025, a Texas federal court issued a ruling that vacates portions of an Equal Employment Opportunity Commission (EEOC) harassment guidance that expanded the definition of sexual harassment under Title VII to include…
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/ Administrative Law, Civil Rights, Labor & Employment Law
Starting October 27, 2025 the city of Cleveland, OH will require private employers that employ at least 15 people within the city, as well as any employment agency acting on behalf of the employer, to provide salary ranges on…
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/ Administrative Law, Labor & Employment Law
The Department of Justice (DOJ) confirmed this week that it will be using the False Claims Act (FCA) to investigate recipients of federal funds that the agency determines have certified compliance with federal non-discrimination…
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/ Civil Rights, Education Law, Government Contracting
On April 15, 2025, EEOC submitted a request to the Office of Management and Budget (OMB) for “non-substantive” changes to the 2024 EEO-1 data collections. Those changes were approved by OMB on May 12th. Given the approval, it…
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/ Administrative Law, Government Contracting, Labor & Employment Law
President Trump has nominated a Republican attorney, Brittany Panuccio, to fill one of the three open seats on the Equal Employment Opportunity Commission (EEOC). If confirmed by the Senate, this would restore the Commission’s…
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/ Administrative Law, Labor & Employment Law