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Last week, U.S. Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025 and the Office of Federal Contract Compliance Programs (OFCCP) issued a Bulletin explaining the Secretary’s Order.  Importantly for federal contractors, “OFCCP will be exercising its discretion to administratively close all pending compliance reviews and will take no further action related to the scheduling list…

On April 23, 2025, President Trump issued a new executive order aimed at repealing disparate impact liability.  The order, titled “Restoring Equality of Opportunity and Meritocracy”  (https://www.whitehouse.gov/presidential-actions/2025/04/restoring-equality-of-opportunity-and-meritocracy/), frames equal treatment under the law as “equality of opportunity, not equal outcomes.”

Disparate impact is a theory of liability that grew out of equal employment…

On his second day in office, January 21, 2025, President Trump issued an Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”  This Executive Order reverses roughly 60 years of federal policy and leaves many employers with questions about the future of diversity, equity, and inclusion (DEI) policies and affirmative action programs (AAPs).  Federal contractors…

On January 21, 2025, the White House announced an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”  The Order instructs federal agencies to take administrative and legal action against diversity, equity, and inclusion (“DEI”) programs, which it defines as systems of race- and sex-based preferences.  The Order is directed at both public- and…

Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the Democratic majority announced in Stericyle, Inc., 371 NLRB No. 48 (Jan. 6, 2022), that it was requesting briefing on whether…

In case you missed it (did anyone miss it?), President Joe Biden was sworn into office yesterday.  Although workplace issues are hardly the only pressing item on the new President’s agenda, employers should be prepared for the rollout of additional employee protections under the Biden administration.

Priorities That President Biden Has Already Announced

Extending and …

The National Labor Relations Board (“NLRB”) announced yesterday that all currently scheduled representation elections – including vote-by-mail elections—have been postponed until at least April 3, 2020 because of the ongoing COVID-19 crisis.  Here is what the NLRB had to say:

Due to the extraordinary circumstances related to the COVID-19 pandemic, the National Labor Relations Board today approved the suspension of all representation elections, including mail ballot elections, for the next two weeks effective immediately, through and including April 3, 2020. 
Continue Reading NLRB Postpones All Representation Elections Until At Least April 3

Through a series of decisions issued in late 2019, the National Labor Relations Board (“NLRB” or “Board”) has signaled a return to common sense in its approach to the rules governing labor relations.  Here are a few of the Board’s decisions that are of interest to employers.

Employers May Require Employees to Maintain Confidentiality in…

The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union representatives access to public areas of their property unless (1) the union has no other means of communicating with employees or (2) the employer…