News & Analysis as of

Department of Labor (DOL) Constitutional Challenges Employment Litigation

Proskauer - Law and the Workplace

Federal Judge Blocks Key DEI Executive Order Provisions

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

Hahn Loeser & Parks LLP

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

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

Genova Burns LLC

What Employers Need To Know About DEI Certifications

Genova Burns LLC on

On January 20, 2025, the Trump Administration signed Executive Order 14173 on “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Executive Order). The Executive Order seeks to end diversity, equity,...more

Vorys, Sater, Seymour and Pease LLP

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

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

Foley & Lardner LLP

Federal Judge Restrains Liability for Alleged False DEI Certifications

Foley & Lardner LLP on

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

Vorys, Sater, Seymour and Pease LLP

Federal Judge Orders the Reinstatement of Member Wilcox, Restores Quorum

Terminated NLRB Member Gwynne Wilcox challenged her removal from the Board and President Donald Trump’s effort to reshape the NLRB’s membership in a lawsuit filed in the United States District Court for the District of...more

Keating Muething & Klekamp PLL

Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings

In his first fifty days in office, President Trump has taken numerous actions to consolidate the power of the Executive Branch. Shortly after taking office, he dismissed heads of multiple Executive Branch agencies and...more

Carlton Fields

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on

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

Jenner & Block

US Supreme Court Rules in Favor of Civil Rights Enforcement in Williams v. Reed Case

Jenner & Block on

In a 5-4 opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, the Supreme Court reversed the Alabama Supreme Court’s decision and established a significant precedent...more

Proskauer Rose LLP

Axed ALJ Removal Protections Mark Big Shift For NLRB

Proskauer Rose LLP on

The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board and the National Labor Relations Act took a potentially significant turn in a decision issued by the U.S....more

Perkins Coie

Supreme Court Declines to Hear Tenth Circuit Case Challenging President’s Procurement Act Authority

Perkins Coie on

The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more

Ballard Spahr LLP

President Trump Continues to Reshape the NLRB

Ballard Spahr LLP on

Two weeks after his inauguration, President Donald Trump continues to make unprecedented moves to impact the National Labor Relations Board (NLRB)....more

Blank Rome LLP

What Employers Need to Know About President Trump’s Removal of NLRB Member Gwynne Wilcox and Two EEOC Commissioners

Blank Rome LLP on

In a significant move, President Donald Trump has fired a member of the National Labor Relations Board (“NLRB” or “Board”) without reference to the statutory protections that typically shield Board members from being removed...more

Jackson Lewis P.C.

Supreme Court Won’t Consider Federal Contractor Minimum Wage Mandate

Jackson Lewis P.C. on

The Supreme Court on Monday, Jan. 13, 2025, declined to take up a decision addressing the president’s authority under the Procurement Act to issue a minimum wage mandate for employees working on federal government contracts....more

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