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...
Federal Employment Law Insider
A federal district court issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from enforcing three provisions of the recently issued Davis-Bacon Act (DBA) regulations governing the prevailing...
As discussed in the lead article of this issue of FELI, the triumvirate of decisions on agency power—Loper Bright, Jarkesy, and Corner Post—represent a completely new world for employers and federal agencies (see...
The most recent Supreme Court term ended with several decisions that have potentially monumental implications for the future of the Administrative State (see “Supreme Court ends ‘Administrative State’”)—particularly for...
In a momentous decision overturning decades of precedents, the U.S. Supreme Court ruled in SFFA v. Harvard/UNC last year that the use of race in college admissions violated Title VI of the Civil Rights Act of 1964...
After the U.S. Supreme Court’s Loper Bright decision overturning Chevron deference, Senator Bill Cassidy (R-La.) sent a series of letters to various federal agencies seeking their response to the decision. The letter to...
Some thousands of years ago, the Israelites were a stateless people, with no hereditary monarch and no organized leadership, so they were led by a group of people guided by their understanding of their traditions and...
Since the Obama administration, federal workplace regulations have been under attack, with many being blocked by injunctions issued by federal judges in Texas or Louisiana and upheld by the U.S. 5th Circuit Court of...
The Equal Employment Opportunity Commission (EEOC) filed 15 lawsuits against companies it claimed hadn’t filed EEO-1 Reports for 2021 and 2022. After filing the lawsuits, the EEOC reported settlements with a hospitality...
On Friday, June 7, The Office of Federal Contract Compliance Programs (OFCCP) issued a list of supply and services contractors and subcontractors selected for audit (FY2024 CSAL Supply & Service Scheduling List, Release...
In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as...
The full court press on corporate diversity, equity, and inclusion (DEI) programs is intensifying as the 2024 presidential election looms. A year after the Supreme Court’s decision in SFFA v. Harvard/UNC, employers face...
Because of the complexities and wide-ranging effects of artificial intelligence (AI), the Biden administration and Congress have cautiously approached regulating the technology. At this juncture, it isn’t clear which...
A landmark $2.8 billion settlement announced by the National Collegiate Athletic Association (NCAA) in an antitrust class action filed by former college athletes reportedly sets a path for schools to share revenue with...
As the Supreme Court ends its current term, it doesn’t appear to recognize that it is in crisis. Once regarded by the public and other jurists as rigorous, respected, and above reproach, the Court has sunk to...