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
Federal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions
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
Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights Act
A three-judge panel of the 8th Circuit Court of Appeals for the Eighth Circuit recently issued a decision in Kuklenski v. Medtronic USA, Inc., No. 24-1310 (8th Cir. Apr. 9, 2025), finding that the definition of “employee” in the Minnesota Human Rights Act (“MHRA”) requires physical presence within Minnesota; virtual presence and work-related contacts with the state are not sufficient.… Continue Reading
New Leadership at the Office of Federal Contract Compliance Programs Signals Potential Overhaul of Affirmative Action Compliance Framework
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
Trump Rescinds Additional Biden-Era Executive Orders, Rolling Back Minimum Wage and Labor-Friendly Provisions for Federal Contractors
Following President Trump’s issuance of Executive Order 14148 on January 20, 2025, which rescinded 78 executive actions taken by Former President Biden, the President rescinded an additional slew of Biden-era executive actions on March 14.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:
- Executive Order 14026 of April 27, 2021 (Increasing the Minimum Wage for Federal Contractors); and
- Executive Order 14126 of September 6, 2024 (Investing in America and Investing in American Workers).
Senate Confirms Chavez-DeRemer as 30th Secretary of Labor and Sonderling as Deputy Secretary
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
10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the Workplace
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) announced the release of two technical assistance documents which are “focused on educating the public about unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The EEOC and the DOJ released a joint one-page technical assistance document titled “What To Do If You Experience Discrimination Related to DEI at Work,” and the EEOC also released a longer question-and-answer technical assistance document titled “What You Should Know About DEI-Related Discrimination at Work” (collectively, the “Guidance”).… Continue Reading
NLRB Bans Captive Audience Meetings and Limits Employer Campaign Statements in Recent Cases
Reversing decades of precedent, the National Labor Relations Board (“Board”) issued two recent decisions that will significantly restrict the right of employers to provide information to their employees about the impact of unionization. Both cases were decided by a 3-1 majority of the Board’s Democratic members, in what appears to be an eleventh-hour push to change well-settled law in advance of the Trump administration taking the reins next year.… Continue Reading
ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings
ATS Tree Services, LLC (“ATS”) has voluntarily dismissed the lawsuit it filed in April 2024 in the U.S. District Court for the Eastern District of Pennsylvania challenging the Federal Trade Commission’s (“FTC”) Non-Compete Clause Rule (“the Final Rule”), which banned the use of most non-compete clauses in employment contracts.
The dismissal comes after the U.S.… Continue Reading
Next Steps for Employers After FTC Noncompete Rule Enjoined
Summary
What’s next for employers who want to protect their businesses from competition from departing employees, including the loss of customers, employees, and confidential information? With a federal court injunction against the Federal Trade Commission’s (FTC) Final Rule banning noncompetes, the door is open for employers to continue using them. But companies now have time to reflect on the increasing hostility of courts and legislatures towards overly broad restrictive covenants, update their existing agreements, assess which employees ought to be subject to post-employment covenants, and determine how to best protect their trade secrets and confidential information.… Continue Reading