The battle between an aggressive National Labor Relations Board (NLRB) and a skeptical, conservative judiciary is being played out in courtrooms across the country. Board decisions on union recognition without election...
Federal Employment Law Insider
On October 16, 2024, the Department of Labor (DOL) issued guidance on the use of artificial intelligence (AI) in employment—Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and...
As of the date of this newsletter, the Office of Federal Contract Compliance Programs (OFCCP) has apparently recovered only about $10 million from federal contractors for the fiscal year (FY) 2024. This would be one of...
After two trials and years of conflicting arguments, a jury decided that information technology provider Cognizant discriminated against non-South Asians and non-Indian South Asians in hiring and other aspects of...
This is part one of a two-part update on changes at the Occupational Safety and Health Administration (OSHA). Part one discusses the regulatory changes OSHA made during fiscal year (FY) 2024. The most recent regulatory...
The U.S 8th Circuit Court of Appeals recently heard the appeal of 17 Republican state attorneys general (AGs) over the abortion-related parts of Equal Employment Opportunity Commission’s (EEOC) Pregnant Workers Fairness...
A notably unaccomplished Congress will stagger to its conclusion in what can be an accomplished Lame Duck session. A “Lame Duck” session of Congress refers to the period between the November election and the end of the...
The increasingly complicated legal battle over the Fair Labor Standards Act’s (FLSA) overtime rule—and the way it defines the exemptions for executive, administrative, professional, outside sales, and computer employees...
Immediately after the Supreme Court’s decisions in SFFA v. Harvard/UNC eliminating the use of race in higher education admissions, questions were raised about corporate diversity, equity, and inclusion (DEI) programs...
Recreational touring companies are seeking U.S. Supreme Court review of the U.S. 10th Circuit Appeals Court decision upholding President Joe Biden’s $15 minimum wage requirement for federal contractors. The companies...
Since the Supreme Court’s rulings in Loper Bright and Jarkesy, employers have wondered to what degree the High Court’s rulings would affect the National Labor Relations Board (NLRB), which has long regarded itself as...
When the Supreme Court decided SEC v. Jarkesy, it only decided one of the issues in the U.S. 5th Circuit Court of Appeals decision. As we noted in “NLRB, ALJs facing existential challenges,” the 5th Circuit in Jarkesy...
With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the...
On August 16, the Supreme Court refused to lift lower court orders blocking the Department of Education’s (DOE) new regulations protecting LGBTQ+ students from discrimination based on gender identity. The new rule...
If Trump wins, one thing is certain: NLRB General Counsel (GC) Jennifer Abruzzo would be fired at once. Just as President Joe Biden sacked then-NLRB GC Peter Robb almost before the Inaugural Balls were over, Abruzzo...