Employment

Marc Seawright, former Director of Information Governance and Strategy at the Equal Employment Opportunity Commission (EEOC), submitted a formal complaint with the EEOC alleging discrimination and harassment based on sex (specifically, gender identity and sexual orientation), as well as a hostile work environment. Seawright, who identifies as a queer transgender man, resigned from his position on June 18, 2025.… Continue Reading

The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those programs is the Wage and Hour Division (WHD) Payroll Audit Independent Determination (PAID) program. The PAID program encourages employers to self-identify and resolve minimum wage and overtime violations under the Fair Labor Standards Act (FLSA), and certain leave violations under the Family and Medical Leave Act (FMLA).… Continue Reading

Retirees experiencing changes in post-employment benefits due to disability may not be able claim disability discrimination, following a recent fractured U.S. Supreme Court decision.

On Friday, June 20, 2025, the Supreme Court resolved a circuit split: whether a person who no longer holds or seeks a job with their former employer can sue that employer for alleged post-employment discrimination under the Americans with Disabilities Act (“ADA”).… Continue Reading

On May 27, 2025, Philadelphia Mayor Cherelle Parker signed the Protect Our Workers, Enforce Rights Act (POWER Act). The ordinance, found here, aims to enhance protections related to paid sick leave, wage theft, and domestic worker rights. The POWER Act also provides for anti-retaliation protections, and it authorizes the Office of Work Protection (OWP) to investigate and enforce all provisions.… Continue Reading

President Trump’s proposed budget for Fiscal Year (FY) 2026 includes substantial reductions to the U.S. Department of Labor’s (DOL) budget and staff.  The proposed discretionary budget is slashed from $13.5 billion to $9 billion, reducing it by one third.  The number of employees is reduced by nearly 4,000 from 14,855 to 10,879—or a more than 25% cut. … Continue Reading

The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and that beginning this year, all communications sent to filers will be electronic.… Continue Reading

On April 30, 2025, Congressional Representatives Stephanie Bice (R-Oklahoma) and Chrissy Houlahan (D-Pennsylvania) introduced the More Paid Leave for More Americans Act in the House of Representatives.

The bill would develop a three-year pilot program administered by the federal Department of Labor (DOL) that would provide grant funding to states that establish paid family leave programs in partnership with private companies.… Continue Reading

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

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