As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors...more
In another regulatory turn for federal contractors and private employers, a federal judge partially enjoined enforcement of provisions of the Trump Administration’s executive orders regarding diversity, equity, inclusion and...more
Following up on the Trump Administration’s series of executive orders and statements regarding diversity, equity, inclusion, and accessibility (DEI or DEIA) programs, on February 5, 2025, both the Office of Personnel...more
2/11/2025
/ Anti-Discrimination Policies ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employee Rights ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Office of Personnel Management (OPM) ,
Trump Administration
Amidst a flurry of employment-related executive orders issued during the first few days of the new administration, on January 21, 2025, President Trump signed an executive order titled Ending Illegal Discrimination and...more
Among the executive orders issued by President Trump on January 20, 2025, was one titled Initial Rescissions of Harmful Executive Orders and Actions (the “Order”).
The Order’s stated purpose is to retract what it describes...more
1/22/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Popular ,
Race Discrimination ,
SCOTUS ,
Title VII
Among the myriad executive orders issued by President Trump in the hours after his inauguration, two focus on the number and location of federal employees.
The first is a return-to-work order, requiring all employees of...more
1/22/2025
/ Compliance ,
Employment Policies ,
Executive Orders ,
Federal Employees ,
Government Agencies ,
Hiring & Firing ,
Hiring Freeze ,
IRS ,
Office of Personnel Management (OPM) ,
OMB ,
Remote Working ,
Telecommuting ,
Trump Administration ,
U.S. Treasury
During President Trump’s first hours in the White House, he issued a sweeping series of executive orders, including several regarding immigration policy: Protecting the American People Against Invasion, Securing Our Borders,...more
1/22/2025
/ Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
E-Verify ,
Enforcement Actions ,
Executive Orders ,
Federal Funding ,
Fourteenth Amendment ,
Immigration Enforcement ,
Preliminary Injunctions ,
Sanctuary Cities ,
USCIS
As frigid temperatures descend upon much of our country, heat standards may be the last thing on employers’ minds. Perhaps it was for this reason that the Department of Labor (DOL) extended the comment period associated with...more
Share on Twitter Print Share by Email Share Back to top In recent years, the practice of offering equity to compensate employees has gained traction, especially among startups and tech companies. Equity-based compensation,...more
On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
On March 25, 2024, the U.S. Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal, for certification of contractor affirmative action program...more
As we reported at the time, in summer 2023 the Occupational Safety and Health Administration (OSHA) issued a new final rule amending its occupational injury and illness recordkeeping regulation and imposing new electronic...more
According to a March 2023 Pew Research Center article, prior to the COVID-19 pandemic, only 7% of employees with jobs that could be done from home actually worked from home.
The article went on to note that 55% of the...more
One of the most common mistakes made by employers is the failure to properly calculate the regular rate when paying overtime compensation to employees under the Fair Labor Standards Act (FLSA). The FLSA is a cornerstone of...more
As a reminder, and as we had reported in an earlier Blog Post, Federal Contractors and Subcontractors are asked to certify their compliance with the Affirmative Action Program obligations under Executive Order 11246, VEVRAA,...more
6/21/2023
/ Affirmative Action ,
Audits ,
Certifications ,
Compliance ,
CSALs ,
Executive Orders ,
Federal Contractors ,
Filing Deadlines ,
OFCCP ,
Rehabilitation Act ,
Subcontractors ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
The federal government recently announced the end of the COVID-19 public health emergency, and the three-year pandemic finally appears to be in our rearview mirror.
Originally published in Law360 - June 1, 2023....more
6/2/2023
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Public Health Emergency ,
Reasonable Accommodation ,
Reimbursements ,
Remote Working ,
Telecommuting ,
Wage and Hour
In late April 2023, the Office of Federal Contract Compliance Programs (OFCCP) advised that a “new” Voluntary Self-ID form for disability has been issued by the Agency. Because the form was approved by the Office of...more
On March 20th, the Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal for certification of contractor affirmative action program compliance...more
Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced...more
Notwithstanding the very recent good news that it appears the federal government and regulators currently have control and a plan in place to limit the impact of Silicon Valley Bank’s (SVB) and Signature Bank’s recent...more
3/14/2023
/ Banking Regulators ,
Banking Sector ,
Breach of Contract ,
Fair Labor Standards Act (FLSA) ,
Financial Institutions ,
Layoffs ,
Liquidity ,
Mini-Warn Acts ,
Minimum Salary ,
Personal Liability ,
Separation ,
Severance Agreements ,
WARN Act
On February 21, 2023, the National Labor Relations Board (the “Board”) held that an employer violates Section 8(a)(1) of the National Labor Relations Act (the “Act”) when it offers employees severance agreements with certain...more
Since the Biden Administration assumed control in 2021, the Department of Labor (DOL) has been increasingly focused on enforcement. That is particularly true when it comes to safety and health in the workplace, as enforced by...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, would essentially abolish employee noncompetes across the United States. A proposed FTC regulation on employee...more
1/9/2023
/ Administrative Procedure Act ,
Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proposed Regulation ,
Proposed Rules ,
Restrictive Covenants
According to the National Safety Council, every year, millions of workers in the U.S. report having been a victim of workplace violence. In 2020, workplace assaults resulted in more than 20,000 workplace injuries...more
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)