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Non-Discrimination Rules

DCI Consulting

OFCCP Announces Updated Section 503 and VEVRAA Thresholds

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BLOG OVERVIEW: OFCCP has released new minimum contract thresholds for federal contractors and subcontractors. These thresholds help determine whether employers must adhere to requirements stemming from Section 503 of the...more

Jones Day

Federal Government Removes Race- and Sex-Presumptions in Transportation Contracts

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The new and immediately operative regulation changes the DBE landscape for transportation projects receiving federal grants....more

Seyfarth Shaw LLP

California Amends Its Pay Data Reporting Requirements

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On October 13, 2025, Governor Newsom signed Senate Bill 464 into law, introducing substantial changes to California’s annual pay data reporting obligations under Government Code Section 12999, requiring the use of more...more

Bradley Arant Boult Cummings LLP

Dependent Care Assistance Program Limit to Increase in 2026

Starting January 1, 2026, the annual contribution limit for dependent care assistance programs (DCAPs) will increase from $5,000 to $7,500 (or $3,750 if married filing separately), marking the first adjustment in decades....more

Freeman Law

Multiple Self-Funded Benefits Plans – To Combine, or Not to Combine, and What Does Treasury Regulation 1.105-11(a) Mean Anyway?

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Can an employer offer a different level of medical benefits to certain segments of the employee corps? What if the benefits plan is a self-funded plan under section 105 of the Internal Revenue Code? How are the...more

Troutman Pepper Locke

Developments in AI and What Employers Should Know

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As employers continue to grasp the benefits, uses, challenges, and risks of using artificial intelligence (AI) in the workplace, they should take note of new laws in Colorado, Illinois, and Texas that will go into effect in...more

Pillsbury - CommLawCenter

Annual EEO Public File Report Deadline for Stations in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, the Mariana Islands,...

October 1 is the deadline for broadcast stations licensed to communities in Alaska, American Samoa, Florida, Guam, Hawaii, Iowa, the Mariana Islands, Missouri, Oregon, Puerto Rico, the Virgin Islands, and Washington to place...more

Orrick, Herrington & Sutcliffe LLP

Colorado Artificial Intelligence Act: 5 Things You Should Know (UPDATE)

Colorado enacted a first-of-its-kind AI law, the Colorado AI Act (SB 24-205) governing the development and use of artificial intelligence. ...more

Loeb & Loeb LLP

A Cautionary Tale About Algorithmic Pricing Software

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The use of algorithmic pricing software, including dynamic and competitive pricing, raises fairness, antitrust and privacy concerns when the data is based on personal, nonpublic or competitively sensitive data....more

Troutman Pepper Locke

What Businesses Need to Know: Colorado’s First-in-the-Nation AI Act Diverges From Federal Approach to Disparate Impact

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Last week, Colorado lawmakers held a special session that culminated in a decision to delay the implementation of the Colorado Artificial Intelligence Act (CAIA) until June 30, 2026, extending the timeline beyond its original...more

Berkshire

State of California to regulate use of AI in employment

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Effective October 1, 2025, significant revisions to Title 2 of the California Code of Regulations goes into effect. The regulations manage the enactment of the state’s Fair Employment and Housing Act (FEHA) and the...more

Womble Bond Dickinson

[Webinar] DOJ’s Civil Rights Fraud Initiative: FCA Enforcement Against DEI Programs - September 16th, 12:00 pm - 1:00 pm ET

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Join Womble Bond Dickinson attorneys Jasmine Chalashtori, Michael Clark, and Martha Zackin as they provide critical insights on how organizations across industries—not just traditional FCA defendants—may face scrutiny for...more

Berkshire

DOJ Issuing Civil Investigative Demand Letters to Federal Contractors and Grant Recipients

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The Department of Justice (DOJ) is sending Civil Investigative Demand (CID) letters to some federal contractors and grant recipients as part of the agency’s Civil Rights Fraud Initiative, which was announced in May as part of...more

Foley & Lardner LLP

DOJ Issues Additional Guidance Concerning Unlawful Discrimination to Recipients of Federal Funding

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On July 29, 2025, the Department of Justice (“DOJ”) issued guidance outlining what it considers “unlawful discrimination” by recipients of federal funds. In the guidance, Attorney General Bondi clarifies the application of...more

Bricker Graydon LLP

Can you Charge Smokers More for Your Health Plan?  

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Several new lawsuits have been filed recently alleging that employers violated HIPAA’s non-discrimination rule by charging higher health insurance premiums to employees who use tobacco products. ...more

Orrick, Herrington & Sutcliffe LLP

California’s New AI Employment Rules: What Employers Need to Know

California is the latest mover in a world of evolving AI regulation, amending the Fair Employment and Housing Act’s (FEHA) regulatory framework to address the use of artificial intelligence in employment-related decisions....more

Saul Ewing LLP

Navigating the New Normal: Top Employee Benefits Risks for Healthcare Employers in 2025

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As the healthcare industry grapples with the impact of the 2025 Comprehensive Reform Act, which was signed into law on July 4, 2025, offering benefits to its own employees continues to be both a tool for employee retention...more

ArentFox Schiff

The AG’s July 29, 2025, Guidance on Discrimination: Its Potential Impact

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On July 29, the Attorney General (AG) of the United States issued a memorandum entitled “Guidance For Recipients of Federal Funding Regarding Unlawful Discrimination” (hereinafter “Guidance”). This alert provides a review of...more

Ballard Spahr LLP

DOJ’s Roadmap for Federally Funded Entities and DEI

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Entities receiving federal funds, including educational institutions, state and local governments, and public and private employers, must ensure that their programs and activities comply with federal law and do not...more

Quarles & Brady LLP

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

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Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more

Cozen O'Connor

Is this the End of the Small Business Set Aside Programs? DOT Issues New Guidance Letter

Cozen O'Connor on

On April 24, 2025, the U.S. Department of Transportation (DOT) Secretary, Sean P. Duffy, issued a guidance letter to all grant recipients of DOT funding, notifying them of: 1. The DOT’s new interpretations of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

Bricker Graydon LLP

Why You Can’t Kick High Claimants Off Your Health Insurance

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If your health insurance premiums have gone up again, you are not alone.  For that reason, we frequently get questions from clients on whether there is anything they can do to get high claimants off of their plans....more

Fisher Phillips

Colorado’s AI Task Force Warns of Compliance Challenges Ahead of Groundbreaking 2026 AI Law: What Employers Need to Know

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Colorado’s impending landmark AI law continues to raise compliance challenges and policy concerns for employers and the broader business community, as highlighted in a recent report from the state’s AI Task Force. The...more

Sheppard Mullin Richter & Hampton LLP

Wearable Technologies and Employment Risks – EEOC Issues New Guidance

From smart watches to exoskeletons, wearable technologies are quickly changing the landscape of the American workplace. Several states and administrative agencies have responded to this shift by enacting new laws and issuing...more

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