On February 27, 2026, the U.S. Department of Labor (DOL) released a proposed rule addressing employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed standard will also apply to employee classification under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA).… Continue Reading
Department of Labor Issues “AI Literacy” Framework for Workers, Employers, and Educators
The Department of Labor has issued new guidance, the “Artificial Intelligence Literacy Framework,” detailing the DOL’s aspirations for the adoption of AI by workers, employers, educators, job trainers, and governments.
What is AI Literacy?
According to the DOL framework, AI literacy is “a foundational set of competencies that enable individuals to use and evaluate AI technologies responsibly.”… Continue Reading
Fortune 500 Companies Beware: EEOC Chair Sends Warning on DEI Compliance
Fortune 500 companies recently received an important message from the U.S. Equal Employment Opportunity Commission: review your diversity, equity, and inclusion initiatives carefully.
On February 26, 2026, EEOC Chair Andrea Lucas sent a letter to the board chairs, chief executive officers, and general counsel of Fortune 500 companies reminding them of their obligations under Title VII of the Civil Rights Act of 1964.… Continue Reading
Federal Focus on DEI Initiatives Expands in Corporate Hiring Practices and Regulated Industries
Recent remarks from Trump Administration senior officials signal an expanding federal focus on diversity, equity, and inclusion (DEI) initiatives—particularly where they intersect with corporate hiring, promotion, and compensation decisions.
DOJ Elevates DEI-Related FCA Investigations to “Expedited Priority Treatment”
At the February 19, 2026 annual qui tam conference hosted by the Federal Bar Association, a Department of Justice (DOJ) official emphasized that investigations into DEI-related employment practices are “receiving expedited priority treatment.”… Continue Reading
Key Employer Takeaways from Recent Federal Guidance on Remote Work Policies
On February 12, 2026, the Equal Employment Opportunity Commission (EEOC) released new technical assistance document addressing remote work as an accommodation under the Americans with Disabilities Act (ADA). The guidance was issued in response to President Trump’s January 2025 Executive Order directing federal employees to work in-person and for federal agencies to eliminate remote work arrangements except in limited circumstances.… Continue Reading
DEI Executive Orders Under Fire: Two Major Appellate Court Challenges Spotlight Legal Ambiguity and Uncertainty
Two cases involving challenges to the Trump Administration’s Executive Orders on Diversity, Equity, and Inclusion (DEI) are making waves in the federal appellate courts—each raising fundamental questions about the scope and legality of the Administration’s policy direction.
Fourth Circuit: Lifted Injunction
On February 6, 2026, the Fourth Circuit Court of Appeals reversed a district court injunction that had blocked enforcement of President Trump’s Executive Orders targeting DEI in federal funding.… Continue Reading
DOL Sets New Minimum Wage Rates for Certain Federal Contracts
On February 6, 2026, the U.S. Department of Labor’s Wage and Hour Division issued a Notice announcing new minimum wage rates for workers performing work on or in connection with federal contracts covered by the 2014 Obama-era Executive Order 13658, which established a minimum wage for federal contractors and subcontractors. Effective May 11, 2026, the minimum wage for certain federal contracts will be $13.65 per hour for regular employees and $9.55 per hour for tipped employees.… Continue Reading
Return to Normalcy at the NLRB? – New General Counsel and Board Members Signal that Stability and Addressing Backlog Are Priorities
With the December 2025 appointment of two Board members and a new General Counsel, the National Labor Relations Board (NLRB or the Board) is up and running again. Recent developments from the General Counsel’s office and the Board signal important guidance about the Agency’s priorities as Trump’s appointees take the helm.… Continue Reading
New Year’s Resolution for Oregon Employers: Compliance with Newly Updated Paid Leave Oregon Regulations
Oregon rang in the New Year with changes to regulations governing Paid Leave Oregon (PLO). The Oregon Employment Department (OED) issued modestly revised regulations (Rules) addressing a wide range of issues, including notice for intermittent leave, limitations on leave taken before the adoption or foster placement of a child, employer equivalent plans, PLO benefits and contributions, and appeals.… Continue Reading
ICE in the Workplace: 2026 Update
Recent news about U.S. Immigration and Customs Enforcement (ICE) in several parts of the United States, including major events in Minneapolis, have encouraged U.S. businesses and organizations to review their compliance and enforcement protocols. Attorneys in Ballard Spahr’s Immigration, Labor and Employment, and White Collar Defense and Investigation Groups have published guidance throughout the year regarding compliance.… Continue Reading