In a two-sentence memo, the White House rescinded the spending freeze announced with great fanfare just two days prior and which we previously reported on here. The broad scope of the directive suspended all federal financial assistance implicated by President Trump’s recent barrage of Executive Orders, leaving federal funding recipients scrambling to understand the extent of the freeze.… Continue Reading
On Monday, January 27, 2025, the acting head of the Office of Management and Budget (“OMB”) issued a memo ordering the pause of all federal financial assistance “that may be implicated” by any of President Trump’s recent barrage of Executive Orders. According to the memo, the freeze encompasses funding for activities including, but not limited to, “foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”… Continue Reading
As anticipated, immediately upon his inauguration, President Trump took swift action in the labor and employment arena. His initial appointments and Executive Orders left no doubt that his administration will make an abrupt and definitive break with his predecessor.
President Trump first appointed new leaders to the Equal Employment Opportunity Commission (“EEOC”) and the National Labor Relations Board (“NLRB”), and then took additional actions aimed at halting and reversing many Biden-era initiatives and policies.… Continue Reading
On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary level for the white-collar exemption for overtime eligibility.
The white-collar exemption excludes employees in bona fide executive, administrative, or professional roles from being subject to the overtime requirements of the Fair Labor Standards Act (“FLSA”).… Continue Reading
On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor Standards Act (“FLSA”). Being classified as employees could entitle college athletes to minimum wages and overtime pay, among other rights under the FLSA.… Continue Reading
The U.S. Equal Opportunity Commission has issued its final regulations for the Pregnant Workers Fairness Act (“PWFA”), providing guidance for employers on implementing the PWFA in their workplaces and understanding how the law will be enforced. The new rules will take effect on June 18, 2024, although the PWFA itself has been in effect since June 27, 2023.… Continue Reading
The U.S. Equal Employment Opportunity Commission (“EEOC”) took aggressive enforcement measures this week by filing suit against 15 employers that allegedly failed to submit mandatory EEO-1 workforce demographic reports in prior years, including 2021 and 2022. The lawsuits were brought in federal courts across 10 states, including New Jersey, New York, and Arizona.… Continue Reading
On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) issued its proposed Statement of Policy on Bank Merger Transactions (the “Proposal”) for public comment. The Proposal seeks to update guidance, last amended in 2008, on how it will evaluate bank merger transactions with respect to competition, financial resources, the convenience and needs of communities, financial stability, and money laundering.… Continue Reading
On Tuesday, February 27, 2024, a federal judge enjoined the enforcement of the Pregnant Workers Fairness Act (“PWFA”) against the state of Texas. Judge James Wesley Hendrix determined that a proxy voting rule in place during the COVID-19 pandemic violated the Quorum Clause of the United States Constitution. The rule allowed members of the House of Representatives to vote by proxy during the pandemic, meaning a member could vote by delegated proxy without being physically present.… Continue Reading
October 31, 2023 opens the reporting period for private sector employers and federal contractors who are required to report workplace demographic data on an annual basis to the U.S. Equal Employment Opportunity Commission (“EEOC”). These submissions are known as EEO-1 Component 1 reports (“EEO-1 reports”). EEO-1 reports must be submitted by the close of the reporting period on December 5, 2023.… Continue Reading