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President Trump Signs Executive Order Seeking to End Disparate Impact Discrimination

On April 23, 2025, President Donald Trump issued an executive order (EO) calling for an end to disparate impact liability for discrimination and ordering federal enforcement agencies to stop enforcement of antidiscrimination...more

Sixth Circuit Upholds Pay Differential in Equal Pay Act Case: Budget Constraints and Market Forces at Play

The U.S. Court of Appeals for the Sixth Circuit recently upheld a jury verdict against a school psychologist who alleged she was paid less than a male colleague in violation of the Equal Pay Act. Notably, the court found that...more

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

Democratic Lawmakers Urge U.S. Department of Labor to Abandon Proposal to Dismantle OFCCP

On April 11, 2025, a group of forty Democratic lawmakers sent a letter to U.S. Secretary of Labor Lori Chavez-DeRemer urging her to “abandon plans to dismantle [the Office of Federal Contract Compliance Programs] and reaffirm...more

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

Georgia Governor Signs Bill to Strengthen Religious Exercise Protections, but Lawmakers Leave Anti-DEI Bill on the Table

On April 4, 2025, the final day of Georgia’s legislative session, Governor Brian Kemp signed into law a “religious liberty” bill that will strengthen protections for the free exercise of religion by prohibiting state and...more

Florida Federal Judge Denies Motion to Dismiss College QB’s Fraud Suit Arising From Failed $13.85 Million NIL Deal

On April 8, 2025, a judge of the U.S. District Court for the Northern District of Florida denied a motion to dismiss a former University of Florida quarterback recruit’s lawsuit alleging fraud by head football coach Billy...more

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

California’s Wait Is Nearly Over: New AI Employment Discrimination Regulations Move Toward Final Publication

The California Civil Rights Council has advanced new regulations regarding employers’ use of artificial intelligence (AI) and automated decision-making systems, clearing the way for them to take effect later this year. ...more

Former EEOC Officials Defend DEI Programs in Response to Acting Chair’s Technical Assistance

On April 3, 2025, a group of former U.S. Equal Employment Opportunity Commission (EEOC) officials issued a statement defending specific employer diversity, equity, and inclusion (DEI) programs in response to technical...more

Supreme Court Rules Lost Wages May Be Recoverable Under RICO For False Advertising After Drug Test Dismissal

On April 2, 2025, the Supreme Court of the United States ruled that a truck driver who lost his job after testing positive for marijuana may pursue claims for lost wages under the Racketeer Influenced and Corrupt...more

Wyoming Enacts Law to Restrict the Use of Noncompete Agreements

Employers in Wyoming will soon be limited in their use of noncompete agreements under a newly enacted law that makes the state the latest of a growing number of states to restrict noncompete agreements in the employment...more

Strengthening Government Fraud Enforcement: Administrative False Claims Act Provides Agencies Tool to Bring Fraud Claims

Enacted as part of the recent National Defense Authorization Act (NDAA), the U.S. Congress established a significant new fraud enforcement mechanism, called the Administrative False Claims Act (AFCA), which empowers federal...more

D.C. Circuit Rules Trump Can Remove Independent Agency Members Without Cause

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit...more

CFTC Unveils Replacement Penalty Mitigation Policy Focused on Self-Reporting, Cooperation, and Remediation

The Commodity Futures Trading Commission (CFTC), an independent U.S. government agency that regulates the U.S. derivatives markets, including futures, options, and swaps, has announced a new policy for mitigating potential...more

Illinois Federal Judge Blocks DOL From Enforcing Termination, Certification Provisions in Trump DEI-Related EOs

On March 27, 2025, a federal judge for the U.S. District Court for the Northern District of Illinois temporarily blocked the U.S. Department of Labor (DOL) from enforcing portions of two provisions in President Donald Trump’s...more

Reminder: New York Cybersecurity Reporting Deadline April 15, 2025; New Regulations Effective May 1, 2025

Covered entities regulated by the New York State Department of Financial Services (NYDFS) must submit cybersecurity compliance forms by April 15, 2025. New sets of requirements for system monitoring and access privileges,...more

FBI Warns of Hidden Threats in Remote Hiring: Are North Korean Hackers Your Newest Employees?

The Federal Bureau of Investigation (FBI) recently warned employers of increasing security risks from North Korean workers infiltrating U.S. companies by obtaining remote jobs to steal proprietary information and extort money...more

California Workplace Safety Update: OSHAB Holds Employer Can Impliedly Consent to Inspection

In a significant decision regarding workplace inspections, the California Occupational Safety and Health Appeals Board (OSHAB) upheld citations against a California employer after finding the employer had consented to an...more

March Madness Bracket Pools in the Workplace: Legal Compliance Tips Before Tip-Off

With March Madness approaching, some employers may wish to get in on the action by sponsoring bracket pools to boost employee camaraderie or strengthen relationships with customers or clients. ...more

Rescinded Guidance: Unpacking NLRB Acting General Counsel Cowen’s Policy Overhaul

In one of his first acts in his new role, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded dozens of general counsel memoranda issued by his predecessor, former General Counsel Jennifer...more

Fourth Circuit Reopens Trump DEI-Related Executive Orders, Halts Preliminary Injunction

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that had blocked key portions of the president’s...more

States Ramp Up Workplace Violence Prevention Efforts with New Legislation in 2025

Workplace violence continues to be a primary concern for employers and a challenge to maintaining workplace safety. Still, it is unclear whether there will be further movement on regulation at the federal level under the...more

Trump Administration Halts Appeals of Rulings Blocking FTC Noncompete Ban

The federal government has filed motions to stay two ongoing appeals of rulings that blocked the Federal Trade Commission’s (FTC) rule banning noncompete agreements....more

New York Health Data Requirements Potentially Ahead: Understanding the Newly Passed Health Information Privacy Act

New York lawmakers recently passed a wide-ranging health information privacy bill that would require entities to obtain consent to collect, use, or sell an individual’s health information except for designated purposes. ...more

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