News & Analysis as of May 2, 2025

Department of Labor (DOL)

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Federal Judge Blocks Key DEI Executive Order Provisions

Proskauer - Law and the Workplace on 4/28/2025

On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause...more

District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

Bass, Berry & Sims PLC on 4/24/2025

On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI)...more

U.S. District Court Judge Grants Preliminary Injunction Blocking Department of Labor from Enforcing Certain Provisions of...

Hahn Loeser & Parks LLP on 4/21/2025

On April 2, we reported that Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois had issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions...more

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

Ballard Spahr LLP on 4/18/2025

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

Trump’s DEI Executive Orders Hit Another Judicial Roadblock

Fenwick & West LLP on 4/17/2025

On Tuesday, April 15, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois granted a motion for preliminary injunction barring the U.S. Department of Labor from enforcing the...more

Federal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions

Ballard Spahr LLP on 4/16/2025

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

Another Court Blocks DEI-Related Certification Requirement

Foley & Lardner LLP on 4/8/2025

On March 27, 2025, U.S. District Judge Matthew Kennelly of the United States District Court for the Northern District of Illinois issued a temporary restraining order (TRO) prohibiting the Department of Labor (DOL) from...more

Federal Judge Temporarily Halts DOL’s Enforcement of Portions of President Trump’s Diversity, Equity and Inclusion Executive...

Vorys, Sater, Seymour and Pease LLP on 4/4/2025

The Department of Labor (DOL) is enjoined from enforcing parts of President Trump’s Diversity, Equity, and Inclusion-related Executive Orders following a partial nationwide injunction entered against them by Judge Matthew F....more

Federal Judge Restrains Liability for Alleged False DEI Certifications

Foley & Lardner LLP on 4/3/2025

President Trump’s January 21 Executive Order targeting Diversity, Equity, and Inclusion Programs (DEI) (the “January 21 Executive Order”) and, specifically, § 3(b)(iv)) (the Certification Provision) cannot be the basis for...more

U.S. District Court Judge Temporarily Blocks Department of Labor from Enforcing Certain Provisions of DEI-Related Executive Orders

Hahn Loeser & Parks LLP on 4/2/2025

On March 27, 2025, Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued a temporary restraining order blocking the Department of Labor from enforcing certain provisions of Executive...more

Northern District of Illinois Becomes Latest Court to Block President Trump’s DEI Executive Orders

Arnall Golden Gregory LLP on 4/1/2025

As we have reported, President Trump’s Executive Orders 14151 and 14173 targeting diversity, equity, and inclusion (“DEI”) programs (the “DEI Orders”) have resulted in considerable legal activity addressing the...more

Trump’s Anti-DEI Agenda Remains at Center Stage

Benesch on 4/1/2025

Since Trump’s first day back in office, Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of political discourse. As we previously reported, Trump issued several Executive Orders targeting DEI efforts and...more

Illinois Federal Judge Blocks DOL From Enforcing Termination, Certification Provisions in Trump DEI-Related EOs

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/31/2025

On March 27, 2025, a federal judge for the U.S. District Court for the Northern District of Illinois temporarily blocked the U.S. Department of Labor (DOL) from enforcing portions of two provisions in President Donald Trump’s...more

Federal Judge Blocks Trump’s Orders Limiting DEI in Government and Business

Fox Rothschild LLP on 2/28/2025

Key parts of President Donald Trump’s executive orders (EOs) seeking to dismantle diversity, equity and inclusion (DEI) programs in the public and private sector were enjoined nationwide on Feb. 21 by a federal district court...more

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on 2/26/2025

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Lawsuit Threatens DEI-Related Executive Orders

Snell & Wilmer on 2/10/2025

As outlined in a recently published Legal Alert, shortly after taking office, President Donald Trump enacted two Executive Orders designed to detect and eliminate diversity, equity, and inclusion (DEI) programs related to...more

COVID-19 and Unprecedented: Litigation Insights, Issue 33, November 2020

Spilman Thomas & Battle, PLLC on 11/24/2020

Litigators often refer to so-called "bad facts," which are the facts that have the potential to sink a case with a jury. This 33rd issue of Unprecedented discusses a case with perhaps the worst alleged set of "bad facts" that...more

September 2017: The Top 10 Labor And Employment Law Stories

Fisher Phillips on 10/7/2017

It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more

Executive Labor Summary - November / December 2016

Constangy, Brooks, Smith & Prophete, LLP on 12/22/2016

NEWS & ANALYSIS - President-Elect Trump chooses Andrew F. Puzder for U.S. Secretary of Labor – “the times they are a changin’.” As we reported at the time, on December 8 President-Elect Trump announced that Andrew F....more

Permanently Barred: ‘Persuader' Rule Not Persuasive to Texas Judge

Faegre Drinker Biddle & Reath LLP on 11/21/2016

The U.S. Department of Labor’s (DOL) “Persuader” Rule is unlawful and should not become law anywhere in the United States. That is the holding of an order issued on November 16, 2016, by United States Senior Judge Sam R....more

DOL's 'Persuader' Rule Permanently Blocked By Texas Court

Miller Canfield on 11/18/2016

As we explained in our March 24, 2016 alert, on March 23, 2016, the Department of Labor (“DOL”) finalized its “persuader” rule, which would have required that employers and legal consultants report all pay arrangements...more

Implementation of DOL's New Persuader Rule Permanently Blocked

FordHarrison on 11/17/2016

A federal court in Texas has issued a decision permanently blocking the U.S. Department of Labor (DOL) from implementing the final version of its "persuader rule." See National Federation of Independent Businesses v. Perez...more

District Court Preliminarily Enjoins Majority of Department of Labor “Fair Pay and Safe Workplaces” Final Rule

Robinson+Cole Construction Law Zone on 11/9/2016

On October 24, 2016, the U.S. District Court, Eastern District of Texas preliminarily enjoined the majority of the Department of Labor’s Final Rule implementing President Barack Obama’s Executive Order 13673 that imposed...more

Controversial Fair Pay and Safe Workplaces Rule Partially Blocked

Stinson LLP on 10/28/2016

On October 24, 2016, a federal judge enjoined the U.S. government from enforcing certain provisions of the controversial Fair Pay and Safe Workplaces rule. The decision was handed down from Judge Marcia Crone in the U.S....more

Preliminary Injunction Halts Enforcement of Fair Pay and Safe Workplaces Rule

Ballard Spahr LLP on 10/28/2016

Federal contractors recently scored a significant victory when a preliminary injunction blocked much of the Fair Pay and Safe Workplaces rule from taking effect. The rule, based on a 2014 executive order, was issued in August...more

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