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The U.S. Department of Labor (DOL) recently stated that it will not enforce an employee-friendly independent contractor rule implemented by the Biden administration in 2024 (“Biden Rule”). The Biden Rule made it more difficult for businesses to classify workers as independent contractors. In contrast, the DOL’s announced approach will renew focus on a factor that…

As of yesterday—May 20, 2025—EEO-1 data collection is open. The deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. The EEOC stated there will be no extensions, so covered employers should act promptly to file their reports.  For detailed information on the EEOC’s substantive filing requirements, employers may refer to the…

In the most recent indication of what employers can expect from the National Labor Relations Board under President Trump’s second term, the acting General Counsel for the Board, William Cowen, recently rescinded a series of memoranda issued by his predecessor, Jennifer Abruzzo, that employers regarded as overprotective of employee rights under the National Labor Relations…

Since 2019, employers have relied heavily on the management rights clauses in collective bargaining agreements to make unilateral workplace changes involving operational decisions.  They did so with the protection of the “contract coverage” standard established by the National Labor Relations Board (“Board”) in the 2019 case MV Transportation Inc., 368 NLRB No. 66, where…

On October 30, 2024, a Texas federal court issued a preliminary injunction to halt an enforcement action by the Office of Federal Contract Compliance Programs (OFCCP) against ABM Industry Groups, LLC, a federal contractor. This case, while directly impacting only one contractor, could have significant implications for the broader landscape of OFCCP enforcement through Administrative…

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in effect since June 27, 2023, and the EEOC issued a final rule to implement the PWFA, which took effect on June 18, 2024.

Here’s what…

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees.  Read more below for further updates.

DOL Rolls Out Final Rule Increasing Minimum Salary For Exempt Employees

The U.S. Department of Labor (“DOL”) has rolled out its long-awaited update to the…

Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024.

Who Must Certify?

The certification requirement applies to all federal supply and service contractors and subcontractors (at any tier) that meet jurisdictional thresholds of 50 or more…

Environmental, Social, and Governance (“ESG”) principles are becoming increasingly prominent tools for managing risk and creating value in the corporate world. ESG-focused decision making can define business priorities that support a company’s financial goals and long-term enterprise sustainability. ESG-focused leaders can help companies identify business risks and opportunities, then implement and maintain responsive, responsible, and measurable forward-looking business practices.

While the “E” and “G” in ESG have received much attention, the “S” factor is also significant for leading sustainable organizations. And employees, current and future, are important elements of the social aspect.

Identifying the business risks and opportunities within the social aspect of ESG includes looking at a company’s treatment of its employees (for example, education, advancement, compensation), its diversity, equity, and inclusion policies and practices, and its discrimination and harassment policies and practices. Businesses that rely on recruiting and retention of a human workforce face the risks of securing a strong team, maintaining it, and creating a pipeline of suitable workers. These same businesses can create opportunities to mitigate those risks with practices and policies that support a healthy workplace and prepare a pipeline of future employees. Continue Reading Employment Law in an ESG World: The Activision Blizzard Story