News & Analysis as of

Hiring & Firing Department of Labor (DOL)

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Fisher Phillips

"America's AI Action Plan" Promises Big Changes Across Industries: Top 10 Employer Takeaways

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The White House just released an AI action plan identifying more than 90 federal policy goals that aim to create a roadmap for achieving “global AI dominance” in innovation, infrastructure, and international diplomacy and...more

Bradley Arant Boult Cummings LLP

Managers Who Use ChatGPT to Promote Employees – What Could Go Wrong?

While artificial intelligence (AI) can be a powerful tool in a manager’s arsenal when it comes to efficiently making decisions, it is essential to use it ethically and fairly. Companies are no longer relying on AI solely to...more

Phelps Dunbar

Between Enforcement and Protection: What Employees Need to Know About State and Federal Immigration Policy Shifts

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The U.S. Department of Labor’s Wage and Hour Division recently announced a suspension in enforcing the 2024 rule from the Biden Administration that is designed to enhance protections for H-2A workers....more

DLA Piper

OFCCP director urges federal contractors to voluntarily report on affirmative action program wind-downs

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On June 27, 2025, Director of the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) Catherine Eschbach issued a letter to federal contractors asking them to volunteer information on their efforts...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Foster Swift Collins & Smith

[Webinar] New Law Changes in Effect for Employers Hiring Minors - May 14th, 12:00 pm - 12:30 pm EST

With summer right around the corner, teenagers will soon be out of school—and out looking for a place to work. If you’re planning on hiring teenagers during the summer months and beyond, be sure you’re familiar with the...more

Bradley Arant Boult Cummings LLP

To AI or Not to AI? The Use of AI in Employment Decisions

Even just a few years ago, the concept of using artificial intelligence (AI) in everyday life was a novel, if somewhat intimidating, concept. But from Google’s AI overview to Microsoft’s Copilot, many of us use AI daily to...more

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

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A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more

Ballard Spahr LLP

New Leadership at the Office of Federal Contract Compliance Programs Signals Potential Overhaul of Affirmative Action Compliance...

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On March 24, 2025, the U.S. Department of Labor announced the appointment of Catherine Eschbach as Director of the Office of Federal Contract Compliance Programs (OFCCP), the agency charged with overseeing regulation and...more

Amundsen Davis LLC

Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool and Reverts Back to the Dual Jobs Rule

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In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool. This came shortly after the DOL restored the dual...more

Foley & Lardner LLP

When Does Venting Become a Complaint?

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A company makes the difficult decision to terminate an employee’s employment due to poor performance. This should come as no surprise to the employee, who has been counselled and disciplined on numerous occasions. Yet, the...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB in the balance: Did Trump have the right to terminate a Board member?

The legal dispute over President Donald Trump’s removal of National Labor Relations Board Member Gwynne A. Wilcox may be on a fast track to review by the U.S. Supreme Court. Ms. Wilcox, a Democrat appointed by President...more

K&L Gates LLP

What is "Illegal DEI?" Key Takeaways for Employers in Light of Litigation and Guidance Issued by the Federal and State Governments

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This alert will explore what the federal government may consider to be “illegal DEI” in light of legal challenges to President Trump’s multiple executive orders (EO’s) pertaining to diversity, equity, inclusion, and...more

Fisher Phillips

No Slowing Down: Employers’ Recap of the Trump Administration’s First 50 Days

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While new presidents are typically judged based on their actions in their first 100 days, the current Trump administration has moved at such a rapid speed that we think another recap is needed at the halfway point. Here’s...more

Littler

Federal District Court Reverses Removal of NLRB Member Gwynne Wilcox

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A federal district court has held that Gwynne Wilcox, a member of the National Labor Relations Board, was “illegally” fired from her job. The court ordered the Board’s current chair to restore her access to the Board and let...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Furloughs and Reductions During Government Cutting and Shutdowns

The Trump administration has taken various measures aimed at cutting government agencies, departments, spending, and contracts. The ripple effects of these actions have already had far-reaching impacts on many federal...more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

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The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...more

Lippes Mathias LLP

What Employers Need to Know About Recent Changes to Affirmative Action Policies in the Workplace

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On January 21, 2025, President Trump signed an Executive Order titled, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" ("Order"). The Order is mainly aimed at rescinding Executive Order 11246, which was...more

Carlton Fields

Portions of DEI Executive Orders Blocked by Federal Judge

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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

DCI Consulting

Department of Labor Announces Annual HIRE Vets Award Cycle

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On February 13, 2025, the Department of Labor announced the opening of the HIRE Vets Medallion Award cycle. This award is the only federal award recognizing employers for investing in recruiting, employing and retaining...more

Proskauer Rose LLP

Axed ALJ Removal Protections Mark Big Shift For NLRB

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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

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 4 of Trump 2: No love lost.

Everything's enjoined! Almost. It's been a tough week for President Trump, but he doesn't seem to be letting the bad news get him down. To avoid ruining the Valentine's Day mood, I'll keep this week's update short. ...more

Orrick, Herrington & Sutcliffe LLP

CFPB reportedly terminates 70 employees, including enforcement attorneys

On February 11, the CFPB reportedly terminated about 70 probationary employees, including several enforcement division attorneys, informing the employees that their skills did not align with the CFPB’s current needs. The...more

Verrill

Solo 401(k) Plans: A Quick Fix-It Guide

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“Solo 401(k)” is a marketing term used for a 401(k) plan that is adopted by a sole proprietor or an incorporated business with no employees other than the owner. These plans offer a greater retirement savings opportunity...more

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