A week after the U.S. Supreme Court rejected the use of race for college admission, 13 Republican state attorneys general (AGs) sent a letterto the CEOs of the Fortune 100, warning them not to use race-based initiatives...
Federal Employment Law Insider
In two related cases—Students for Fair Admissions Inc. v. President and Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina—the U.S. Supreme Court ruled 6-3 that using race as...
On June 29, 2023, the U.S. Supreme Court unanimously ruled employers that deny a religious accommodation under Title VII of the Civil Rights Act of 1964 must show the burden of granting an accommodation would result in...
No lesser Founding Father than Alexander Hamilton wrote passionately about the perils of faction. Indeed, Federalist Paper 9 was entitled exactly that: “The Utility of the Union as a Safeguard Against Domestic Faction...
In a May 30 memorandum, NLRB General Counsel Jennifer Abruzzo announced the agency would examine employers’ restrictive covenants, asserting that they generally violate federal labor law. A recent case against Berry...
The new 2023 Spring Regulatory Agenda updates when employers should expect new proposed regulations on joint employment and overtime. The new agenda provides that the notice of proposed rulemaking (NPRM) for new overtime...
The Biden administration Spring Regulatory Agenda issued on June 13 reflects a less aggressive regulatory agenda for the Office of Federal Contract Compliance Programs (OFCCP). The new agenda still contains the proposal...
The Equal Employment Opportunity Commission (EEOC) will begin enforcing the Pregnant Workers Fairness Act (PWFA) on June 27. However, the agency hasn’t yet issued the legally required guidance. Sen. Bill Cassidy (R-La.)...
According to a February 2023 news release by the Department of Labor (DOL), child labor violations are on the rise, with the department seeing a 69% increase in violations since 2018. While minors are permitted to work...
The U.S. 5th Circuit Court of Appeals left broad, faith-based exceptions to LGBTQ+ protections codified in the Supreme Court’s 2020 Bostock v. Clayton County decision largely intact for two businesses whose owners raised...
The nomination of Department of Labor (DOL) Deputy Secretary Julie Su continues to falter, as opposition grows in face of administration efforts to move the confirmation process to an end. The latest, and perhaps fatal...
The National Labor Relations Board (NLRB) has further complicated the independent contractor classification picture. In its recent The Atlanta Opera decision, the Board defied a contrary federal circuit court ruling and...
“The full faith and credit of the United States.” It’s an awesome notion, one that has changed the world and made contemporary international finance and trade possible: a currency so reliable, so respected, that a...
Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge recently responded to questions from federal contractors on the use of AI in employment decisions. Hodge—who just recently became...
Equal Employment Opportunity Commission (EEOC) Vice Chair Jocelyn Samuels spoke to an employer association and covered a wide range of topics on which the commission is focused: The EEOC is working on additional guidance...