What constitutes “illegal DEI” under the Trump administration? Many employers have been wrestling with this question since the President took office and immediately issued several executive orders (EOs) criticizing diversity,...more
Effective May 8, 2025, New York City employers with four or more employees must physically post a copy of their written lactation policy in an area accessible to employees as well as on its intranet if one exists....more
This week, we’re bringing you a special episode on the first 100 days of the Trump administration, in which we highlight sweeping policy shifts, battles at the National Labor Relations Board (NLRB); revisions to diversity,...more
On April 23, 2025, President Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”).
This EO states its purpose as a solution to claims of employment discrimination based on...more
Just days after the U.S. Court of Appeals for the Fourth Circuit stayed a preliminary injunction blocking executive orders that refer to the promotion of diversity, equity, and inclusion as “illegal DEI,” the U.S. Equal...more
3/24/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Title VII
On Friday, February 21, 2025, a federal judge issued a Preliminary Injunction in National Association of Diversity Officers in Higher Education, et al. v. Trump, blocking significant portions of two Executive Orders (EOs)...more
2/25/2025
/ Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Preliminary Injunctions ,
Trump Administration
Even before the 2024 presidential election and the recent wave of executive orders, employers were evaluating their positions on various social issues. Whether taking a formal stand, abstaining from a position, or landing...more
President Donald Trump has made several significant and sudden changes at the Equal Employment Opportunity Commission (“EEOC” or “the Commission”), the agency responsible for enforcing Title VII of the Civil Rights Act of...more
2/12/2025
/ Affirmative Action ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
NLRB ,
Title VII ,
Trump Administration
On January 21, 2025, President Trump signed Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which, among other actions, directs all executive departments and...more
On January 20, 2025, President Trump signed numerous executive orders related to his immigration policy objectives, including a declaration of a national emergency at the southern border, which will allow the use of federal...more
As the Southern California wildfires rage on with devastating consequences, employers may be grappling to formulate an appropriate response....more
1/23/2025
/ California ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
Paid Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wildfires
On November 21, 2024, legislation will take effect in South Carolina, making that state the latest jurisdiction to regulate earned wage access (EWA) programs....more
This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and...more
This week, we’re underlining the importance of managing election-related tensions in the workplace:
Both political parties have called this the most consequential election in recent history, which means that this morning in...more
Election Day is Tuesday, November 5. During this election season, employers may question whether the law requires them to allow employees time off to vote, often referred to as “voting leave”, and if so, whether such leave...more
In recent years, advocates and lawmakers have been pushing to expand the reach of “ban-the-box” measures designed to remove job barriers for individuals with criminal convictions....more
The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings.
In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit...more
9/11/2024
/ Employee Benefits ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Lactation Accommodation ,
Policy Violations ,
Popular ,
Pretext ,
Protected Activity ,
Retaliation ,
Secret Recordings
This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we take a deeper look at trade secrets and non-compete cases in the wide world of sports:
As college basketball...more
On February 16, 2024, the Alabama Supreme Court issued an opinion in the consolidated cases LePage et al., v. The Center for Reproductive Medicine et al. and Burdick-Aysenne et al., v. The Center for Reproductive Medicine et...more
The Israel-Hamas war. Antisemitism and Islamophobia. Ukraine vs. Russia. Black Lives Matter. #MeToo. Mass Shootings and “Well Regulated” vs. “Shall Not Be Infringed.” Vaccination and Mask Mandates. Politicians and Presidents....more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Restrictive covenants, such as non-compete and non-solicitation agreements, are regulated differently...more
For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more
11/13/2023
/ Corporate Counsel ,
Employee Inventors ,
Employees ,
Employer Liability Issues ,
Intellectual Property Protection ,
Inventions ,
Labor Reform ,
New Legislation ,
New York ,
Ownership of Works ,
Political Expression ,
Regulatory Agenda ,
Social Media ,
State Labor Laws ,
Unemployment Insurance ,
Unions ,
Wage and Hour
As we previously reported, this summer, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) announced significant updates to enhance the employment verification process. In...more
As anticipated, the Colorado Department of Labor and Employment (CDLE) has published proposed updates to its Equal Pay Transparency Rules (the “Updated EPT Rules”), which implement the Colorado legislature’s recent amendments...more
11/3/2023
/ Colorado ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Proposed Rules ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On September 15, 2023, New York Governor Kathy Hochul signed SB 5640 into law, adding New York to the growing list of states that restrict the enforcement of employee intellectual property assignment agreements....more