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
4/1/2025
/ Affirmative Action ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Priorities ,
Executive Orders ,
First Amendment ,
OFCCP ,
Preliminary Injunctions ,
Students for Fair Admissions v Harvard College ,
Trump Administration
The Equal Employment Opportunity Commission (“EEOC”) and the Department of Justice (“DOJ”), two federal agencies responsible for policing discrimination in the workplace, recently issued informal guidance outlining what could...more
The Trump Administration has issued swift changes in policy, and the effects are now reaching the Equal Employment Opportunity Commission (“EEOC”). While the EEOC is still awaiting quorum to vote on major actions, it is...more
2/24/2025
/ Abortion ,
Artificial Intelligence ,
Bias ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Pregnant Workers Fairness Act ,
Quorum ,
Reproductive Healthcare Issues ,
Title VII ,
Transgender ,
Trump Administration
Shortly after being sworn in as the 47th President of the United States, Donald Trump signed more Executive Orders on his first day in office than any other president in history. The wide-ranging Orders effectuate many of the...more
President Donald Trump has expectedly fired Jennifer Abruzzo, the general counsel of the National Labor Relations Board (NLRB), and unexpectedly fired Gwynne Wilcox, one of the board’s two Democratic members. The firings mark...more
On Tuesday, December 10, 2024, the National Labor Relations Board (“NLRB”) made it more difficult for employers to make changes to their employees’ working conditions without approval from their union. ...more
Over the past several years, the National Labor Relations Board (the “Board”) under the Biden administration has taken several measures to make union election procedures more union-friendly....more
On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more
1/12/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
As we previously wrote, five Trump-era changes to the union election process were contested in a lawsuit brought by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). In a January 2023...more
8/25/2023
/ AFL-CIO ,
Ambush Election Rules ,
Collective Bargaining ,
Final Rules ,
Labor Relations ,
NLRB ,
Obama Administration ,
Quickie Election Rules ,
Trump Administration ,
Union Elections ,
Unions
On January 17, the U.S. Court of Appeals for the District of Columbia Circuit struck down certain Trump-era changes to the rules by which the National Labor Relations Board (NLRB) administers union elections.
As...more
The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more
8/4/2022
/ Biden Administration ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Joint Employers ,
NLRB ,
Obama Administration ,
Regulatory Standards ,
Right to Control ,
Teamsters ,
Trump Administration ,
Unions
The independent contractor test developed by the Republican-majority National Labor Relations Board under President Trump actually resulted in a higher rate of workers being classified as employees protected by federal labor...more
On September 22, 2020, President Trump signed a new executive order “On Combating Race and Sex Stereotyping.” The new order applies to federal contractors, federal agencies, and federal grant recipients and bans training that...more
9/29/2020
/ Bias ,
Civil Rights Act ,
Colleges ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Sexual Stereotyping ,
Title VII ,
Trump Administration ,
Universities
The National Labor Relations Board (“NLRB”) announced this morning that its final rule outlining the legal test for determining a joint employer will be published in the federal register tomorrow, February 26, 2020, and...more
On January 20, 2017, President Trump took a step to fulfill his campaign promise to reduce regulations on businesses when his Chief of Staff, Reince Priebus, directed federal agencies to freeze all pending regulations....more