Attention Employers: Anti-DEI Executive Orders are Back in Play (For Now) – Fourth Circuit Stays District Court’s Preliminary Injunction
On March 14, 2025, in National Association of Diversity Officers in Higher Education, et al. v. Trump, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion to stay the preliminary injunction that blocked key components of President Trump’s executive orders (EO) related to diversity, equity, and inclusion (DEI) (see HERE). The Fourth […]
Attention Employers: Key Provisions in President Trump’s Anti-DEI Executive Orders Blocked (For Now, At Least)
UPDATE: On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion to stay the preliminary injunction issued by U.S. District Judge Adam B. Abelson which blocked enforcement of key provisions in President Trump’s anti-DEI executive orders. Accordingly, the government may once again enforce EO 14151, Ending Radical and Wasteful Government […]
ATTENTION EMPLOYERS: NLRB PROVIDES ADDITIONAL GUIDANCE REGARDING EMPLOYERS’ USE OF CONFIDENTIALITY AND NON-DISPARAGEMENT PROVISIONS
On March 22, 2023, the General Counsel of the National Labor Relations Board (NLRB) issued a guidance memorandum clarifying the NLRB’s position on a number of issues employers have grappled with in the wake of the NLRB’s February 2023 McLaren Macomb decision, which addressed the permissible scope of confidentiality and non-disparagement provisions in severance agreements. For […]
ATTENTION NEW YORK EMPLOYERS: IMPORTANT UPDATE ON NEW YORK’S PAY TRANSPARENCY AND BACKGROUND CHECK LAWS
New York employers should be aware that Governor Hochul has recently signed an amendment clarifying New York State’s new pay transparency law, which is scheduled to go into effect in September 2023. New York State’s new pay transparency law, Bill No. S9427A, is codified at New York Labor Law § 194-B. It requires employers with 4 […]
ATTENTION ALL EMPLOYERS: DOL ISSUES NEW GUIDANCE FOR REMOTE WORKERS AND FOR INTERMITTENT USE OF FMLA LEAVE
In February 2023, the federal Department of Labor (DOL) issued a new Field Assistance Bulletin providing guidance as to how the DOL will interpret certain provisions of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) with respect to employees working remotely from home. The DOL also issued its first Opinion Letter […]
ATTENTION ALL EMPLOYERS: NLRB DECISION REGARDING CONFIDENTIALITY AND NON-DISPARAGEMENT PROVISIONS
On February 21, the National Labor Relations Board (NLRB) issued a decision, McLaren Macomb, 372 NLRB No. 58, making it more difficult for employers to include confidentiality and non-disparagement provisions in agreements with employees who are protected by Section 7 of the National Labor Relations Act (NLRA). Overview of McLaren decision In McLaren, the NLRB […]
ATTENTION CALIFORNIA EMPLOYERS: 9TH CIRCUIT NIXES CALIFORNIA WORKPLACE ARBITRATION LAW IN REVERSAL
Finally some good news for California employers, but the fight is not over yet. On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit issued a decision, Chamber of Commerce of the U.S., et al. v. Bonta, et al., No. 20-15291, that signals a reprieve for California employers seeking to require their […]