Employment

Following President Trump’s issuance of Executive Order 14148 on January 20, 2025, which rescinded 78 executive actions taken by Former President Biden, the President rescinded an additional slew of Biden-era executive actions on March 14.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).
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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

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

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

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

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (available here), calling the additions its “capstone” to the bulletin in light of the recent end to the COVID-19 public health emergency.… Continue Reading

Last month, the National Labor Relations Board (NLRB) ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA or Act) when the employer offers employee severance agreements with provisions restricting employees’ Section 7 rights under the Act, such as with overly broad confidentiality and non-disparagement provisions.  McLaren Macomb, 372 NLRB No.… Continue Reading

Earlier this month, Minnesota Governor Tim Walz signed into law the “Creating a Respectful and Open World for Natural Hair (CROWN) Act” for the purpose of protecting individuals from discrimination and retaliation in employment, housing, education, and public services/accommodations on the basis of an individual’s natural hairstyle. Specifically, the CROWN Act amends the Minnesota Human Rights Act to provide that discrimination against an individual on the basis of “traits associated with race, including but not limited to hair texture and hair styles such braids, locs, and twists,” is unlawful. … Continue Reading

On January 30, 2023, the Biden Administration said that it will end COVID-19 emergency declarations on May 11, 2023.  The federal government has been paying for COVID-19 vaccines, some tests, and certain treatments under the public health emergency declaration. Many of those costs now will be transferred to private insurance and government health plans.… Continue Reading

Joseph Kennedy coached football at Bremerton High School, a public school in Washington State. After football games, Kennedy led prayers at the 50-yard line among players, coaches, fans, and, sometimes, politicians. The Bremerton School District, believing that Kennedy’s prayers might be coercing students, suspended Kennedy after he continued conducting post-game prayers.… Continue Reading