President Biden issues proposed FY2025 budget by the editors of FELI Although Congress has yet to finish approving government funding for fiscal year (FY) 2024, including for the Department of Labor (DOL) and the Nation...
Federal Employment Law Insider
After the U.S. Supreme Court’s decision in SFFA v. Harvard/ UNC, opponents of diversity, equity, and inclusion (DEI) have launched an all-out attack on corporate DEI programs. Recently, however, the courts have offered...
Just as the National Labor Relations Board’s (NLRB) new joint employer regulation was set to become effective, it was struck down by Judge J. Campbell Barker of the Eastern District of Texas. The flux and instability in...
The Department of Labor’s (DOL) overtime rule—Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees—proposed last Fall, is nearing the final stages of...
Although the U.S. 9th Circuit Court of Appeals panel seemed skeptical of the Department of Labor’s (DOL) position in oral argument that the federal contractor minimum wage would promote economy and efficiency as required...
On February 27, the Senate HELP Committee voted 11 to 10 to move Acting Secretary of Labor Julie Su’s nomination to be Secretary of Labor to the floor of the Senate for confirmation. Sen. Bernie Sanders (I.-VT) held the...
On March 11, 2024, the Equal Employment Opportunity Commission (EEOC) issued its annual performance report on fiscal year (FY) 2023. The report showed the agency recovered $665M in FY2023, more than $150M more than the...
Almost all of our ancestors, from all around the world, had a common dismissal of the boisterous promise followed by a pitiful result: “The mountain labored and gave birth to a mouse!” Or perhaps we should quote...
The latest iteration of the Department of Labor’s (DOL) independent contractor regulation was scheduled to become effective on March 11, 2024, ending this phase of one of the longest, most convoluted regulatory conflicts...
In 1937, in the midst of the U.S. Supreme Court’s battles with the New Deal and the “court-packing” controversy, the Court heard a case questioning the constitutionality of the National Labor Relations Board (NLRB). At...
During the Biden administration, the National Labor Relations Board (NLRB) has issued a series of decisions that remade the field of labor law for all employers, regardless of union status. In a group of precedent...
Corporate diversity, equity, and inclusion (DEI) programs continue to face new challenges after the Supreme Court’s decision last year banning explicit use of race in admissions to higher education—SFFA v. Harvard/UNC...
The latest litigation against President Joe Biden’s federal contractor minimum wage was heard by the U.S. 9th Circuit Court of Appeals on February 6, 2024. The litigation is one of three separate lawsuits challenging the...
On January 30, 2024, the Biden administration published a proposed regulation to prohibit federal contractors and subcontractors from using job applicants’ prior salary history when setting pay and to require federal...
In a recent interview, Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride argued the damage limitations on employees’ recovery under federal employment discrimination laws are “morally...