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The “standard of proof” is an important issue in litigation. Usually, it’s the burden a suing employee has to prove all elements of their case. But it’s the employer’s burden to show that an employee is “exempt” from the...

Jan 29, 2025 · Employment Law Letter · California

As the time before Donald Trump’s inauguration becomes less a transition and more of a replacement, questions continue to circulate about the impact of Trump 2.0 on the workplace. The adage that “personnel is policy” has...

Jan 01, 2025 · Federal Employment Law Insider

For federal contractors that have been required to take affirmative action for women and minorities since President Lyndon Johnson signed Executive Order (EO) 11246 in 1965, the biggest question is whether President...

Jan 01, 2025 · Federal Employment Law Insider

In a dramatic 49-50 vote, the Senate blocked the renomination of National Labor Relations Board (NLRB) Chair Lauren McFerran. By rejecting an attempt to close debate, the Senate assured that President-elect Trump will be...

Jan 01, 2025 · Federal Employment Law Insider

As the second Trump administration takes shape, diversity, equity and inclusion (DEI) programs both in corporations and higher education are continuing to be challenged. Corporate DEI programs After the Supreme Court’s...

Jan 01, 2025 · Federal Employment Law Insider

As the Biden administration prepares to turn the Occupational Safety and Health Administration (OSHA) over to the second Trump administration, we are concluding our series on OSHA’s activities over the past year. (See...

Jan 01, 2025 · Federal Employment Law Insider

President-elect Donald Trump is expected to terminate the current Equal Employment Opportunity Commission (EEOC) General Counsel (GC) Karla Gilbride if she won’t resign on January 20, 2025, and to appoint the only...

Jan 01, 2025 · Federal Employment Law Insider

While much of the nation’s attention is being devoted to The Transition, the end of the short, unhappy life of diversity, equity, and inclusion (DEI) programs may be upon us. The ruling of the 5th Circuit barring a...

Jan 01, 2025 · Federal Employment Law Insider

We have previously reported on the replacement of the Michigan Paid Medical Leave Act with the more employee-friendly Earned Sick Time Act (ESTA). With the ESTA set to go into effect on February 21, 2025, the Michigan...

Jan 01, 2025 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

A recent ruling by a federal court of appeals in one of our Great Lake states adds a new spin on whether you need to pay for travel time under the Fair Labor Standards Act (FLSA). The answer is putting Texas employers on...

Jan 01, 2025 · Employment Law Letter · Texas