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
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
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
On February 26, 2026, the National Labor Relations Board (“NLRB” or the “Board”) published a final rule formally withdrawing its 2023 joint employer regulation and reinstating the narrower 2020 standard for determining joint employer status under the National Labor Relations Act (“NLRA”).
Under the reinstated 2020 rule, joint employer status only will be found where “two employers share or codetermine the employees’ essential terms and conditions of employment.”… Continue Reading
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
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
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
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