ATTENTION NEW JERSEY EMPLOYERS: LAWMAKERS SEEK TO CODIFY NJ SUPREME COURT’S SAVAGE V. TOWNSHIP OF NEPTUNE DECISION – HOW DOES IT COMPARE TO RESTRICTIONS UNDER MCLAREN MACOMB?
If you haven’t updated your employment contracts and settlement agreements in light of the New Jersey Supreme Court’s May 2024 Savage v. Township of Neptune decision, your time to do so may be running out. In Savage v. Township of Neptune, the court unanimously held that any provision in an employment contract or settlement agreement, including a non-disparagement provision, […]
Attention Employers: Federal District Court Issues Narrow Order Limiting Enforcement of Termination and Certification Provisions in DEI-Related Executive Orders
On March 27, 2025, in Chicago Women in Trades v. Trump et al., U.S. District Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois issued a narrow temporary restraining order (TRO) limiting enforcement of the Certification Provision in Executive Order 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity) and the […]
ATTENTION CALIFORNIA EMPLOYERS: GET AHEAD OF ANNUAL COMPLIANCE REQUIREMENTS – AND PROPOSED CHANGES – UNDER CA’S WORKPLACE VIOLENCE PREVENTION LAW
As the anniversary of California’s workplace violence prevention law approaches, so too does the deadline to comply with the law’s annual policy review and training requirements. As a brief recap, by July 1, 2024, employers were required to develop and implement a workplace violence prevention plan (WVPP) and provide employee training on the WVPP. On an annual basis thereafter, […]
Attention Employers: A Timeline of President Trump’s Crusade Against DEI Initiatives in the Private Sector
UPDATE: On March 27, 2025, President Trump issued an Executive Order (Addressing Risks from WilmerHale) accusing the firm of “abandon[ing] the profession’s highest ideals and abus[ing] its pro bono practice to engage in activities that undermine justice and the interests of the United States[,]” including employing Robert Mueller following his investigation of Trump’s 2016 presidential […]
ATTENTION CALIFORNIA EMPLOYERS: NEW LAW ALLOWS EMPLOYERS TO SEEK WORKPLACE VIOLENCE RESTRAINING ORDERS BASED ON HARASSMENT
California employers will no longer have to wait until harassment escalates into unlawful violence or a credible threat of violence to protect their employees. Thanks to a new law, effective as of January 1, 2025, employers may now seek a temporary restraining order (TRO) on behalf of an employee based solely on the act of harassment. The […]
Attention Employers: EEOC Issues Guidance on What Constitutes “Illegal DEI” – Here’s What You Need to Know
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents providing guidance on unlawful discrimination related to diversity, equity, and inclusion (DEI) in the workplace. The first document (What To Do If You Experience Discrimination Related to DEI at Work), issued jointly with the U.S. Department of Justice, clarifies when DEI policies […]
Attention Employers: EEOC Acting Chair Requests Information from Twenty Law Firms Regarding DEI-Related Employment Practices
UPDATE: In a March 18 letter addressed to EEOC Acting Chair Andrea Lucas, seven former EEOC officials urged Lucas to withdraw the 20 letters issued to law firms, expressing concerns that Lucas’ request for extensive information exceeded the agency’s authority under Title VII. The former officials also noted that “no single member of the Commission […]
ATTENTION CALIFORNIA EMPLOYERS: FOURTH APPELLATE DISTRICT DENIES MOTION TO COMPEL ARBITRATION IN“HEADLESS” PAGA ACTION
On February 26, 2025, in Parra Rodriguez v. Packers Sanitation Services Ltd., LLC, the California Court of Appeal, Fourth Appellate District held that trial courts cannot order arbitration of unasserted individual claims under California’s Private Attorneys General Act (PAGA). The decision affirmed a Superior Court decision denying a motion to compel arbitration where the plaintiff disclaimed all […]
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: Trump Administration Fails to Block Preliminary Injunction Blocking DEI-Related Executive Orders — Confused? — 16 Attorneys General Offer Joint Guidance on Lawful DEI Initiatives
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 […]