Brian D. Pedrow

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Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals.

EEOC Withdraws Lawsuits.  Aligning with Executive Order 14168 (Jan. 20, 2025) announcing that the federal government will recognize only male/female as the two “immutable biological classifications,” the EEOC has deprioritized transgender discrimination charges and moved to dismiss at least seven lawsuits brought on behalf of transgender employees.… Continue Reading

During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred to as the “EAP” exemption – executive, administrative, and professional) and the “highly-compensated employee” (HCE) exemption under the Fair Labor Standards Act (FLSA).… Continue Reading

In our previous post, we discussed the nationwide temporary restraining order issued by the United States District Court for the North District of Illinois that temporarily prevented the Department of Labor from requiring federal contractors to certify that they do not operate any diversity, equity, or inclusion programs that violate the Trump Administration’s recent Executive Orders (“Certification Provision”).… Continue Reading

The 21st Century Veterans Healthcare and Benefits Improvement Act, also known as the Dole Act, was signed into law by President Biden on January 2, 2025.  This legislation expands employment protections for veterans under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”).  USERRA establishes rights and benefits for employees and job applicants who have served in the military or engaged in other forms of protected governmental service (including the Federal Emergency Management Agency, the National Medical Disaster System, and the Commissioned Corps of the Public Health Service).… Continue Reading

On March 27, 2025, the United States District Court for the Northern District of Illinois granted a nationwide temporary restraining order (TRO) preventing the Department of Labor (DOL) from requiring federal contractors and grant recipients to certify that they do not operate any diversity, equity, and inclusion (DEI) programs that violate the Trump Administration’s recent DEI related Executive Orders.… Continue Reading

Participating in SEPA SHRM’s premier legal conference, co-hosted with Ballard Spahr’s Labor & Employment Group, is essential for HR professionals and in-house to stay informed about legal trends and developments, ensuring compliance and effective management of workplace issues.

Ballard Spahr and the Southeastern Pennsylvania Chapter of SHRM (SEPA SHRM) is hosting our 13th Annual HR Legal Summit, where over 200 HR professionals will gain practical insights into Labor and Employment compliance for 2025 and beyond.… Continue Reading

On April 1, 2025, the American Alliance for Equal Rights (“AAER”) filed complaints with the Internal Revenue Service (“IRS”) alleging three tax-exempt private foundations—the Gates Foundation, the Lagrant Foundation and the Creative Capital Foundation—have engaged in racial discrimination by excluding white citizens from benefits and opportunities based on their race. Each complaint requests that the IRS open an investigation into the activities and tax-exempt status of the foundations.… Continue Reading

On March 24, 2025, the U.S. Department of Labor announced the appointment of Catherine Eschbach as Director of the Office of Federal Contract Compliance Programs (OFCCP), the agency charged with overseeing regulation and enforcement of affirmative action laws for government contractors and subcontractors. Eschbach signaled a shift in the agency’s mission, stating the OFCCP “will restore a merit-based system to provide all workers with equal opportunity.”… Continue Reading

Following President Trump’s issuance of Executive Order 14148 on January 20, 2025, which rescinded 78 executive actions taken by Former President Biden, the President rescinded an additional slew of Biden-era executive actions on March 14. Among the 18 executive actions revoked is a duo of Executive Orders which applied to federal contractors and subcontractors and will impact labor and employment issues:

  1. Executive Order 14026 of April 27, 2021 (Increasing the Minimum Wage for Federal Contractors); and
  2. Executive Order 14126 of September 6, 2024 (Investing in America and Investing in American Workers).
… Continue Reading

On March 10, 2025, in a 67-32 vote, the Senate confirmed the appointment of one-term Congresswoman Lori Chavez-DeRemer as the 30th Secretary of Labor and former EEOC Commissioner Keith Sonderling as Deputy Secretary.

Formally nominated by President Trump on January 20, 2025, Chavez-DeRemer (R) represented Oregon’s Fifth Congressional District from 2022-2024, sitting on House Committees for Agriculture, Education and the Workforce, and Transportation and Infrastructure.… Continue Reading