Policy shifts, court challenges, and strategic considerations for organizations navigating federal directives on DEI....more
4/22/2025
/ Affirmative Action ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Federal Funding ,
Federal Grants ,
Pending Litigation ,
Popular ,
Private Sector ,
State Attorneys General ,
Trump Administration
On February 13, 2025, a coalition of 16 state attorneys general issued Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives (the “Multi-State AG Guidance”). The Multi-State AG...more
The Department of Justice (“DOJ”) has sent a strong message to corporate America by signaling that it intends to use the force of criminal investigations to eliminate certain practices in the private sector. ...more
On January 21, 2025, President Trump signed an executive order entitled Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “Executive Order”), which eradicates the federal government’s diversity, equity...more
As Washington prepares for new leadership in January 2025, significant policy changes appear on the horizon. The incoming administration’s agenda suggests a substantial shift in US economic and regulatory priorities, with...more
1/7/2025
/ Artificial Intelligence ,
Blockchain ,
Corporate Governance ,
Corporate Taxes ,
Cybersecurity ,
Department of Labor (DOL) ,
Digital Assets ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Labor Laws ,
Healthcare ,
Legislative Agendas ,
Life Sciences ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
Privacy Laws ,
Public Procurement Policies ,
Regulatory Agenda ,
Tax Cuts and Jobs Act ,
Trade Relations ,
Trump Administration ,
US Trade Policies
On April 23, 2024, the Federal Trade Commission (the “FTC”) issued a rule banning most post-employment non-competition agreements (the “FTC Rule”). Since its promulgation, the FTC Rule has been subject to legal challenges....more
7/8/2024
/ Anti-Competitive ,
Compliance ,
Effective Date ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Pending Litigation ,
Preliminary Injunctions ,
Section 5
On April 4, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued its decision in Reuter v. City of Methuen, holding that an employer must pay treble (triple) damages if the organization is late in paying the wages of...more
On January 13, 2022, a divided Supreme Court of the United States blocked enforcement of the “emergency temporary standard” issued by the Occupational Safety and Health Administration (“OSHA”). The emergency temporary...more
1/17/2022
/ Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
Masks ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As summarized in Goodwin’s previous client alert, the Occupational Safety and Health Administration (“OSHA”) published an “emergency temporary standard” that, among other things, mandates that employers with 100 or more U.S....more
11/10/2021
/ Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) will publish an “emergency temporary standard” requiring employers with 100 or more employees to mandate employees be fully vaccinated or undergo...more
11/5/2021
/ Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Masks ,
OSHA ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Many employers that require COVID-19 vaccinations of employees have been receiving requests for exceptions from the vaccine requirement as an accommodation based on religion. On October 25, 2021, the Equal Opportunity...more
10/27/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Beliefs ,
Religious Exemption ,
Title VII ,
Undue Hardship ,
Vaccinations
On May 17, 2021, Massachusetts Gov. Charles Baker announced that effective May 29, 2021 the Commonwealth will lift all remaining COVID-19 restrictions on businesses. In addition, effective May 29, 2021 the Commonwealth will...more
5/26/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Governor Baker ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Public Health ,
Re-Opening Guidelines ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA” or the “Act”), the latest COVID-19 relief bill, into law. Under ARPA, employers will generally be obligated to advance the cost of...more
4/26/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
COBRA ,
Coronavirus/COVID-19 ,
Eligibility ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
Notice Requirements ,
Premium Subsidies ,
Relief Measures ,
Tax Credits
In 2019, many employers obtained an exemption from remitting contributions to the Family and Employment Security Trust Fund (“Trust Fund”) under the Massachusetts Paid Family and Medical Leave Law (“MAPFML”). To obtain the...more
On March 18, 2020, the U.S. Senate passed the “Families First Coronavirus Response Act” (the “Act”) and President Trump signed the Act into law the same day. The Act is significantly less onerous on employers than an earlier...more
3/20/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
New Legislation ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Tax Credits ,
Trump Administration ,
Wage and Hour ,
Workplace Safety
On March 14, 2020, the U.S. House of Representatives passed a bill entitled the “Families First Coronavirus Response Act” (the “Bill”). The Bill contains a number of provisions relating to the public’s health and welfare,...more
3/17/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
Paid Time Off (PTO) ,
Pending Legislation ,
Public Health ,
Sick Leave ,
Tax Credits ,
Unemployment Benefits ,
Wage and Hour ,
Workplace Safety