On April 15, 2025, the Equal Employment Opportunity Commission (“EEOC”) submitted a “non-substantive” Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) for approval ahead of its 2024 data...more
4/28/2025
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Gender Identity ,
OMB ,
Proposed Rules ,
Regulatory Requirements ,
Reporting Requirements ,
Sex Discrimination
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
In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more
On March 24, 2025, the Department of Labor announced the appointment of Catherine Eschbach as Director of OFCCP. Direct Eschbach joins the agency after serving as an appellate lawyer in private practice.
Director Eschbach...more
3/27/2025
/ Affirmative Action ,
Department of Government Efficiency (DOGE) ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
New Regulations ,
OFCCP ,
Regulatory Agenda ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the...more
In part three of our series on potential pitfalls in the use of artificial intelligence (or AI) when it comes to employment decisions, partner Guy Brenner and senior counsel Jonathan Slowik dive into the concept of “black...more
According to Washington Post and Bloomberg press reports, on February 25, 2025, OFCCP Acting Director Michael Schloss submitted a memorandum to Acting Secretary of Labor, Vincent Micone, outlining OFCCP’s plan to...more
On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more
On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing enforcement of several provisions of President Trump’s DEI-related executive orders on Ending Radical and...more
2/25/2025
/ Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Government Agencies ,
Preliminary Injunctions ,
Separation of Powers
While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more
2/13/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
OFCCP ,
Risk Management ,
Trump Administration
In the final installment of our AI at Work series, partner Guy Brenner and senior counsel Jonathan Slowik tackle a critical issue: mismatches between how artificial intelligence (or AI) tools are designed and how they are...more
According to the National Office Directory for OFCCP, Michael Schloss has been named as the new Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs (“OFCCP”). Michele Hodge, who...more
2/3/2025
/ Affirmative Action ,
Compliance ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Regulatory Agenda ,
Regulatory Requirements ,
Retirement Plan ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On January 23, 2025, President Trump issued an Executive Order entitled “Removing Barriers to American Leadership in Artificial Intelligence.” The Executive Order seeks to maintain US leadership in AI innovation. To that...more
First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....more
Following President Trump’s rescission of Executive Order 11246, on January 24, 2025, the Acting Secretary of Labor issued Secretary’s Order 03-2025 (the “Order”), which orders all Department of Labor employees, including...more
1/28/2025
/ Cease and Desist Orders ,
Compliance ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Discrimination ,
Sex Discrimination ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since the issuance of President Trump’s Executive Order (the “Trump Order”) revoking Executive Order...more
On January 21, 2025, President Trump issued a broad executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which among other things, rescinds Executive Order (“EO”) 11246....more
1/23/2025
/ Affirmative Action ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Popular ,
Race Discrimination ,
Sex Discrimination ,
Subcontractors ,
Trump Administration
With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs...more
1/15/2025
/ Affirmative Action ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Religious Exemption ,
Trump Administration
Effective as of January 8, 2025, the FAR Council has withdrawn a proposed rule that would have limited federal contractors from seeking and considering information about job applicants’ compensation history and required...more
1/9/2025
/ Compliance ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Job Ads ,
Job Applicants ,
Pay Transparency ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Salary/Wage History
We appear to be on the precipice of another federal government shutdown. Absent a political compromise, the federal government’s funding will run out on December 21, 2024. During previous government shutdowns, government...more
12/20/2024
/ COBRA ,
Compliance ,
Department of Labor (DOL) ,
E-Verify ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Government Agencies ,
Government Shutdown ,
Paid Time Off (PTO) ,
Unemployment Benefits ,
Vacation Pay ,
Wage and Hour ,
WARN Act
In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more
In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related...more
On November 20, 2024, OFCCP announced a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The new list consists of 2,000 federal contractors and subcontractors selected for a Compliance...more
In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior...more
On October 30, 2024, the District Court for the Southern District of Texas preliminarily enjoined the Department of Labor (“DOL”), the Secretary of Labor, the Office of Federal Contract Compliance Programs (“OFCCP”), and the...more