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The DEI Dilemma: Should Employers Cut Back on DEI Programs?

Shortly after taking office, President Trump issued an executive order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the EO), to eliminate the "illegal" diversity, equity, and inclusion (DEI) policies...more

A Subcontractor's Employee Says the Government Customer Engaged in Harassment and Retaliation. Why Did the Prime Contractor Get...

Federal programs often require individuals employed by multiple corporations and by the federal government to work together. To ensure the project is successful, the prime contract and any related subcontract will often grant...more

Labor Law Changes Employers Can Expect Under the Second Trump Administration

As President-elect Trump continues to announce appointments of key officials for his incoming administration, many employers are left wondering: How will the Trump administration's policies affect the day-to-day practices and...more

New State Data Privacy Laws in 2024

U.S. privacy laws continue to develop in the new year, as several jurisdictions have enacted and updated privacy legislation. There are now 15 states with comprehensive data privacy laws: California, Colorado, Connecticut,...more

Mark Your Calendars: EEO-1 Reporting Season Is Almost Here!

Ready or not, reporting season is right around the corner. The Equal Employment Opportunity Commission (EEOC) recently announced that the 2022 EEO-Component 1 data collection will open on Tuesday, October 31, 2023, and the...more

Responding to Mental Health Accommodation Requests

Many employers have experienced an increase in employee requests for accommodations in the past few years. A federal jury’s recent award in Lisa Menninger v. PPD Development L.P. reminds employers that accommodation requests,...more

Best Practices for Handling and Documenting a Non-Performing Employee

Addressing an employee's failure to meet performance expectations can be challenging for an employer. This article highlights best practices for handling and documenting a non-performing employee....more

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct...

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more

Arbitration Award Against Federal Contractor Highlights Need to Review Collective Bargaining Agreements Prior to Internal...

When companies are alerted to potential violations of policy or relevant law, they frequently open internal investigations to determine the events that occurred and whether the circumstances require corrective action....more

The Federal Government Says, "Mother Knows Best": Expanded Protections for Pregnant and Nursing Workers Under Federal Law

On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, and formally adopted two new laws aimed at enhancing protections for pregnant employees and nursing parents in the workplace. The...more

National Labor Relations Board Proposes New Joint Employer Definition

​​​​​​​On September 6, 2022, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking, which proposed a change to the standard for determining joint employer status under the National Labor Relations...more

Implementing Diversity, Equity, and Inclusion Initiatives in Hiring Without Running Afoul of Anti-Discrimination Laws

Promoting diversity in the workforce has become a key focus for many employers. Organizations have increasingly recognized the many benefits of employing a workforce with diverse backgrounds, perspectives, and experiences,...more

EEOC Issues New Guidance for Employers Regarding the Treatment of Employees with Caregiver Responsibilities

With more employees returning to the office, many employers have struggled with increased caregiving demands on employees' time as a result of the COVID-19 pandemic. To address these concerns, the Equal Employment Opportunity...more

FLSA Misclassification: Common Mistakes That Employers Make When Classifying Their Employees as "Exempt" from Overtime...

In 2021, the U.S. Department of Labor (DOL) collected a whopping $234 million in back wages for nearly 200,000 employees who the DOL determined were not paid in accordance with the Fair Labor Standards Act (FLSA). Experts...more

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