The disparate impact theory of discrimination—under which a facially neutral policy or practice may be challenged based on its effects rather than direct evidence of discriminatory intent—is facing renewed federal scrutiny under the Trump Administration. Three recent actions from the Department of Justice, the Department of Transportation, and the Department of Labor reflect a narrower federal approach to effects-based civil rights enforcement, and a departure from historic civil rights enforcement under previous administrations.… Continue Reading

Consistent with its recently announced National Enforcement Plan to ferret out what the Equal Employment Opportunity Commission (EEOC) regards as unlawful DEI activities, on May 5, 2026, the agency filed a federal civil rights lawsuit against The New York Times in the U.S. District Court for the Southern District of New York, alleging that the paper engaged in “unlawful employment practices” by discriminating against a white male employee on the basis of race and sex.… Continue Reading

Maryland employers and those with employees in Maryland should begin preparing now for the state’s new paid Family and Medical Leave Insurance (FAMLI) program. With employer and employee contributions beginning in January 2027 and benefits becoming available in 2028, understanding the program’s requirements and planning ahead will help employers navigate the transition.… Continue Reading

On April 22, 2026, the U.S. Department of Labor’s Wage and Hour Division published a Notice of Proposed Rulemaking) that would revise the agency’s analysis for assessing joint employer status under three federal wage and hour laws. The proposed rule would implement regulatory guidance for determining joint employer status under the Fair Labor Standards Act (FLSA) and amend existing regulations under the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) so that the proposed FLSA analysis would apply under those laws as well.… Continue Reading

In a 6-3 ruling, the Supreme Court confirmed that independent agency officials who exercise executive power serve at the President’s pleasure and may be removed without cause.  In doing so, the Supreme Court overruled a 91-year-old case restricting the President’s right to remove such officials and opened the door for President Trump to remove other executive agency officials as he wishes.    … Continue Reading

On April 15, 2026, the Federal Trade Commission announced an enforcement action against one of the nation’s largest pest-control companies, Rollins, Inc., ordering the company to stop enforcing noncompete agreements against more than 18,000 workers nationwide. The FTC simultaneously sent warning letters to 13 other pest-control companies, signaling broader scrutiny of noncompete practices across the industry.… Continue Reading

Employers hiring employees in Colorado beware! You may inadvertently commit a hate crime without even knowing it. 

The Colorado legislature ended the 2026 regular session by passing a law that makes it a hate crime for an employer, or that employer’s agent, to “demand, confiscate, retain, or otherwise require an individual who is an employee or an applicant for employment or who is performing work or seeking to perform work for the employer in any capacity .… Continue Reading

This year’s 14th Annual HR Legal Summit, co-hosted with Ballard Spahr’s Labor & Employment Group, will feature keynote speaker, Christina Butler.

Christina is a former Emmy-nominated television news anchor and reporter with two decades of experience connecting with audiences during breaking news and major stories. Today, she brings that same energy and on-camera expertise to help audiences around the world become stronger, more effective communicators.… Continue Reading

Maryland employers can now register early for the State’s Family and Medical Leave Insurance (“FAMLI”) program as part of the Maryland Department of Labor’s employer registration “soft launch.”

The soft launch gives employers an opportunity to create their FAMLI accounts, add team members, connect with third-party administrators, and provide feedback to the Department of Labor before registration opens to all employers on September 1, 2026.… Continue Reading

As online shopping and rapid delivery services continue to reshape the economy, employers increasingly rely on individuals who transport goods for their “last mile,” from warehouses and distribution centers to retail locations and consumers. A recent Supreme Court decision may make it more difficult for employers who operate in the “last mile” arena to enforce arbitration agreements against those drivers.… Continue Reading