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Following President Trump’s issuance of Executive Order 14148 on January 20, 2025, which rescinded 78 executive actions taken by Former President Biden, the President rescinded an additional slew of Biden-era executive actions on March 14.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
The Supreme Court Clarifies That the Preponderance Standard Applies to FLSA Exemption Cases
Employers confronted with individual or class action lawsuits or government investigations under the federal Fair Labor Standards Act (“FLSA”) have the burden to prove that employees are exempt from the law’s minimum wage and overtime provisions. The United States Supreme Court ruled on January 15, 2025, that the burden of proof on employers should not be heightened and instead the customary preponderance-of-the-evidence standard applies. … Continue Reading
Join Us at the 13th Annual Utah Fall Employment Seminar
November 13, 2024 | 8:00 AM – 12:00 PM
Please join us for an in-depth half day program focused on core issues and developments in labor and employment law with the greatest impact on Utah employers. Our panelists are Ballard Spahr’s Jason Boren, Charles Frohman, and Nima Darouian. Topics to be announced.… Continue Reading
SEC Announces Settlements with Seven Public Companies for Violations of Exchange Act Whistleblower Protections in Employee and Consulting Agreements
The SEC has begun to bring enforcement actions against companies whose employment and client agreements could appear to infringe on the right to report cases in violation of Section 21f-17(a) of the Exchange Act. On September 9, 2024, the Securities and Exchange Commission (SEC) announced that it settled charges against seven public companies for more than $3 million in combined civil penalties for including language in their employment, consulting and other agreements that potentially discourages whistleblowers from reporting issues to outside authorities.… Continue Reading
Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent Algorithmic Discrimination
On May 17, 2024, Colorado Governor Jared Polis signed into law SB 24-205, entitled Consumer Protections for Artificial Intelligence, which will become effective on February 1, 2026. The law applies to developers and deployers of high-risk AI systems doing business in Colorado.
Under the statute, “developer” means a person doing business in Colorado that develops or intentionally and substantially modifies an AI system; and “deployer” means a person doing business in Colorado that uses a high-risk AI system. … Continue Reading