Shirley S. Lou-Magnuson

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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

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

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

Like Katherine Heigl’s character in the 2008 film “27 Dresses,” employers in 2026 may run into an equally-numbered—albeit less quirky—quandary this year: a potential for 27 pay periods. And just as Heigl’s character ultimately found true love, employers can use this helpful guide to find payroll love before Valentines Day.

Why 27 Pay Periods Occur. … Continue Reading

Following acting chair Andrea Lucas’s earlier pledge to more aggressively enforce civil rights laws against employers who disadvantage U.S. workers, the U.S. Equal Employment Opportunity Commission (EEOC) has released a new Technical Assistance document cautioning companies that preferring H-1B visa holders may constitute unlawful national origin discrimination under Title VII of the Civil Rights Act.… Continue Reading

The City of Seattle recently succeeded in securing a partial injunction against the Trump Administration’s enforcement of two executive orders (EOs) under which the Administration threatened to withhold millions in federal grant funding to the City. Judge Barbara J. Rothstein’s decision in the Western District of Washington, if upheld on appeal, has significant implications for federal grant recipients and the conditions that may be imposed on federal funding related to diversity, equity, and inclusion (DEI) and gender issues.… Continue Reading

Originally introduced in the Senate in March 2025, Representative Donald Norcross (D-NJ) introduced the Faster Labor Contracts Act (“FLCA”) to the House of Representatives on September 16, 2025. The FLCA seeks to hasten the bargaining of first collective bargaining agreements. According to the Proposed Bill, average number of days for bargaining a first contract were well over a year — 465 days.… Continue Reading

Circuit Split Over Thryv Remedies. On October 20, 2025, the U.S. Court of Appeals for the Ninth Circuit generally upheld expanded make-whole remedies contemplated by the National Labor Relations Board (the “Board”) in Thryv, Inc., 372 NLRB No. 22 (2022). But since Halloween this year, both the Fifth and the Sixth Circuits joined the Third Circuit in rejecting Thryv remedies.… Continue Reading

Earlier last month, the Senate confirmed over 100 of President Trump’s nominees en bloc in a 51‑47 party-line vote. The confirmed nominees included Brittany Bull Panuccio as an EEOC Commissioner, Andrew Rogers as Administrator of the DOL’s Wage and Hour Division, Jonathan Berry as Solicitor for the DOL.

EEOC Commissioner Brittany Bull Panuccio

Prior to her May 6, 2025, nomination by President Trump, Panuccio worked as an assistant US Attorney in Florida handling criminal and civil appeals.… Continue Reading

After briefly releasing — and then quickly withdrawing — its regulatory agenda last week, the Department of Labor (DOL) has republished its Spring 2025 unified agenda.  According to the DOL’s press release, the Spring 2025 agenda reflects a focus on transparency, deregulatory actions, and clarifying employer obligations across a range of labor and employment issues.… Continue Reading