On March 14, 2025, a three-judge panel on the U.S. Court of Appeals for the Fourth Circuit stayed the nationwide preliminary injunction of President Trump’s Executive Orders 14173 and 14151 (DEI EOs). As we previously...more
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
3/10/2025
/ Corporate Counsel ,
Department of Labor (DOL) ,
Disparate Impact ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Shutdown ,
Hiring & Firing ,
Retaliation ,
State Labor Laws ,
WARN Act
With the recent Trump administration executive orders and actions targeting Diversity, Equity, and Inclusion (DEI) programs, corporate DEI programs are under heightened scrutiny like never before. While these actions have not...more
Since President Trump took office, Immigration and Customs Enforcement (ICE) has intensified immigration enforcement, reportedly arresting and deporting thousands of undocumented immigrants. It is only a matter of time before...more
On February 21, 2025, a federal district court in Maryland issued a nationwide injunction, temporarily preventing enforcement of three key provisions of President Trump’s executive orders targeting DEI programs. Specifically,...more
2/24/2025
/ Appeals ,
Compliance ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
First Amendment ,
Trump Administration
Amidst the ongoing flurry of executive actions targeting Diversity, Equity, and Inclusion (“DEI”) programs and policies, causing confusion and disruption across the federal government and private sectors, companies are...more
2/20/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Title VII ,
Trump Administration
On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other...more
2/7/2025
/ Affirmative Action ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Risk Management ,
Risk Mitigation ,
Trump Administration ,
Whistleblowers
On January 21, 2025, President Trump signed a sweeping executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action and other anti-discrimination...more
1/23/2025
/ Affirmative Action ,
Anti-Deficiency Provisions ,
Civil Rights Act ,
Compliance ,
Diversity and Inclusion Standards (D&I) ,
Donald Trump ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Rescission ,
Subcontractors ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On January 8, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulation (FAR) Council withdrew a proposed rule that would have banned federal contractors and subcontractors from seeking or...more
1/10/2025
/ Compensation & Benefits ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Discrimination ,
Employment Policies ,
Equal Pay ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
NDAA ,
OFPP ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Rules ,
Reporting Requirements ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
On June 29, 2024, California Governor Gavin Newsom signed into law S.B. 164 (the “Diversity Reporting Law”), amending the previous version of the law that was adopted in 2023, S.B. 54. Please visit the following link for our...more
11/22/2024
/ California ,
Covered Entities ,
Department of Financial Protection and Innovation (DFPI) ,
Diversity ,
Governor Newsom ,
Investment ,
New Legislation ,
Portfolio Companies ,
Recordkeeping Requirements ,
Reporting Requirements ,
State Labor Laws ,
Venture Capital ,
Wage and Hour
On August 20, 2024, a judge in the U.S. District Court for the Northern District of Texas granted a nationwide injunction against the Federal Trade Commission’s (“FTC’s”) rule banning non-competes with employees (the “Rule”)....more
8/22/2024
/ Arbitrary and Capricious ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Injunctions ,
Lack of Authority ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Texas ,
Unfair Competition
Earlier this year, on April 23, 2024, the Federal Trade Commission (the “FTC”) issued a final rule (the “Final Rule”) barring nearly all non-competition provisions for most workers in the United States. The Final Rule is set...more
Judge Ada Brown in the Northern District of Texas has stayed the effective date of the FTC’s Non-Compete Rule and granted plaintiffs’ motion for preliminary injunction against the Rule, effective July 3, 2024. The court found...more
On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in...more
On April 17, 2024, the U.S. Supreme Court held in Muldrow v. City of St. Louis, that discriminatory job transfers under Title VII require a showing of “harm” relating to an identifiable term or condition of employment, but...more
4/22/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
As we last reported in March, the Federal Trade Commission’s (the “Commission’s”) final vote on its Proposed Rule to Ban Noncompetes (“Proposed Rule”) was slated to take place as early as April 2024. Today, the Commission...more
Maryland is seeking to become the latest jurisdiction to require companies to disclose pay in job postings. On March 29, 2024, the Maryland Senate approved House Bill 649, Labor and Employment – Equal Pay for Equal Work –...more
On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to...more
2/1/2024
/ Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Job Ads ,
Lilly Ledbetter ,
Notice Requirements ,
NPRM ,
OFCCP ,
Pay Transparency ,
Proposed Rules ,
Salary/Wage History ,
Subcontractors
On September 8, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a list of 1,000 establishments for supply and service federal contractors selected to receive advance audit notices known as Corporate...more
9/12/2023
/ Affirmative Action ,
Audits ,
Bureau of Labor Statistics ,
Compensation ,
Contractor Audits ,
Corporate Management ,
CSALs ,
EEO-1 ,
FDIC ,
Federal Contractors ,
Hiring & Firing ,
NAICS ,
OFCCP ,
OMB ,
Pay Equity Laws ,
Scheduling Letters ,
TRICARE
In Innovative Technologies, Inc., ASBCA No. 6186, 62185, the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara...more
On August 25, 2023, OFCCP announced that it received approval from the Office of Management and Budget (OMB) for its new Scheduling Letter and Itemized Listing, significantly expanding the information and data federal...more
8/28/2023
/ Affirmative Action ,
Audits ,
Compensation ,
CSALs ,
EEO ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
OFCCP ,
OMB ,
Pay Transparency ,
Scheduling Letters ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended...more
7/3/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Hiring & Firing ,
Non-Discrimination Rules ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
On May 30, 2023, the National Labor Relations Board’s (the “NLRB’s”) General Counsel Jennifer Abruzzo (the “General Counsel”) issued Memo General Counsel 23-08 (the “Memo”), expansively finding that non‑competes with...more
On May 16, 2023, the Minnesota legislature passed SF 3035 (the “Bill”), banning nearly all post-termination non-compete agreements with employees and independent contractors. Although the Bill marks another state in the trend...more
The General Counsel for the National Labor Relations Board (the “NLRB”) recently issued Memorandum GC 23-05 (the “Memorandum”), expansively interpreting the reach of the McLaren Macomb (“McLaren”) decision and raising more...more