Just days after the U.S. Court of Appeals for the Fourth Circuit stayed a preliminary injunction blocking executive orders that refer to the promotion of diversity, equity, and inclusion as “illegal DEI,” the U.S. Equal...more
3/24/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Title VII
On Friday, February 21, 2025, a federal judge issued a Preliminary Injunction in National Association of Diversity Officers in Higher Education, et al. v. Trump, blocking significant portions of two Executive Orders (EOs)...more
2/25/2025
/ Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Preliminary Injunctions ,
Trump Administration
Even before the 2024 presidential election and the recent wave of executive orders, employers were evaluating their positions on various social issues. Whether taking a formal stand, abstaining from a position, or landing...more
President Donald Trump has made several significant and sudden changes at the Equal Employment Opportunity Commission (“EEOC” or “the Commission”), the agency responsible for enforcing Title VII of the Civil Rights Act of...more
2/12/2025
/ Affirmative Action ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
NLRB ,
Title VII ,
Trump Administration
On January 21, 2025, President Trump signed Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which, among other actions, directs all executive departments and...more
On January 20, 2025, President Trump signed numerous executive orders related to his immigration policy objectives, including a declaration of a national emergency at the southern border, which will allow the use of federal...more
As the Southern California wildfires rage on with devastating consequences, employers may be grappling to formulate an appropriate response....more
1/23/2025
/ California ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
Paid Leave ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wildfires
On November 21, 2024, legislation will take effect in South Carolina, making that state the latest jurisdiction to regulate earned wage access (EWA) programs....more
This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and...more
This week, we’re underlining the importance of managing election-related tensions in the workplace:
Both political parties have called this the most consequential election in recent history, which means that this morning in...more
Election Day is Tuesday, November 5. During this election season, employers may question whether the law requires them to allow employees time off to vote, often referred to as “voting leave”, and if so, whether such leave...more
In recent years, advocates and lawmakers have been pushing to expand the reach of “ban-the-box” measures designed to remove job barriers for individuals with criminal convictions....more
The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings.
In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit...more
9/11/2024
/ Employee Benefits ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Lactation Accommodation ,
Policy Violations ,
Popular ,
Pretext ,
Protected Activity ,
Retaliation ,
Secret Recordings
This week, in our special Spilling Secrets podcast series on the future of non-compete and trade secrets law, we take a deeper look at trade secrets and non-compete cases in the wide world of sports:
As college basketball...more
On February 16, 2024, the Alabama Supreme Court issued an opinion in the consolidated cases LePage et al., v. The Center for Reproductive Medicine et al. and Burdick-Aysenne et al., v. The Center for Reproductive Medicine et...more
The Israel-Hamas war. Antisemitism and Islamophobia. Ukraine vs. Russia. Black Lives Matter. #MeToo. Mass Shootings and “Well Regulated” vs. “Shall Not Be Infringed.” Vaccination and Mask Mandates. Politicians and Presidents....more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Restrictive covenants, such as non-compete and non-solicitation agreements, are regulated differently...more
For New York employers, fall has brought with it more than just cooler temperatures, thanks to a wave of activity from Governor Kathy Hochul’s desk (after a busy legislative summer). Below, we highlight six significant...more
11/13/2023
/ Corporate Counsel ,
Employee Inventors ,
Employees ,
Employer Liability Issues ,
Intellectual Property Protection ,
Inventions ,
Labor Reform ,
New Legislation ,
New York ,
Ownership of Works ,
Political Expression ,
Regulatory Agenda ,
Social Media ,
State Labor Laws ,
Unemployment Insurance ,
Unions ,
Wage and Hour
As we previously reported, this summer, the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Homeland Security (DHS) announced significant updates to enhance the employment verification process. In...more
As anticipated, the Colorado Department of Labor and Employment (CDLE) has published proposed updates to its Equal Pay Transparency Rules (the “Updated EPT Rules”), which implement the Colorado legislature’s recent amendments...more
11/3/2023
/ Colorado ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Proposed Rules ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On September 15, 2023, New York Governor Kathy Hochul signed SB 5640 into law, adding New York to the growing list of states that restrict the enforcement of employee intellectual property assignment agreements....more
When the pandemic abruptly shifted many employment relationships from offices and other physical workplaces to remote environments, many governmental and regulatory authorities responded by modifying existing protocols to...more
8/10/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
It was a busy legislative session in Colorado this year, with Governor Jared Polis signing more than 470 new bills into law. Included among the new legislation are four laws that will create sweeping changes to the state’s...more
8/8/2023
/ Colorado ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Governor Polis ,
Hiring & Firing ,
Human Resources Professionals ,
New Legislation ,
State Labor Laws
The Supreme Court delivered its highly anticipated consolidated decision last week in the two affirmative action cases on its docket, Students for Fair Admissions, Inc. v. University of North Carolina and Students for Fair...more
7/3/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
Governor Jared Polis recently signed into law legislation (SB 23-105 or the “Amendments”) that will soon change Colorado employers’ disclosure and notice requirements under the state’s Equal Pay for Equal Work Act (“Act”)....more