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...

Oct 01, 2024 · Federal Employment Law Insider

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...

Oct 01, 2024 · Federal Employment Law Insider

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...

Oct 01, 2024 · Federal Employment Law Insider

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...

Oct 01, 2024 · Federal Employment Law Insider

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...

Oct 01, 2024 · Federal Employment Law Insider

The current National Labor Relations Board (NLRB) under President Joe Biden has been heavily involved in moving forward the administration’s prolabor goals. But as the Biden administration draws to a close, the Board...

Sep 01, 2024 · Federal Employment Law Insider

With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was...

Sep 01, 2024 · Federal Employment Law Insider

The annual National Industry Liaison Group (ILG) Conference was held in Orlando this year from July 29 through August 1. While there wasn’t much new because it’s an election year, here are a few highlights: Acting Office...

Sep 01, 2024 · Federal Employment Law Insider

The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings. No Kings Act In...

Sep 01, 2024 · Federal Employment Law Insider

The Equal Employment Opportunity Commission (EEOC) is considering a furlough for all the agency’s staff for a day in late August to stay under its operational budget. On July 30, 2024, EEOC Chair Charlotte Burrows...

Sep 01, 2024 · Federal Employment Law Insider

We have lived through a few weeks none of us has ever experienced: an assassination attempt on a former president who is a current candidate; a presidential withdrawal from the campaign; a Black-South Asian woman as...

Sep 01, 2024 · Federal Employment Law Insider

In a trio of decisions at the end of its term—Loper Bright v. Raimondo, SEC v. Jarkesy, and Corner Post v. Board of Governors of Federal Reserve—the U.S. Supreme Court skewed the balance between the three branches of...

Aug 01, 2024 · Federal Employment Law Insider