On October 1, 2025, the federal government shut down after Congress failed to approve a resolution to fund the government. As a result, several federal agencies, including the Equal Employment Opportunity Commission (“EEOC”) and National Labor Relations Board (“NLRB”), have issued contingency plans to maintain essential operating functions while also furloughing a significant percentage of…
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On September 4, 2025, the Trump administration released its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions thanks to an inadvertent leak a few weeks prior. The agenda provides employers with some guidance regarding the rules the Trump administration and its federal agencies will be pursuing over the next six months. The key labor…
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The Trafficking Victims Protection Reauthorization Act (“TVPRA”) has emerged as a powerful legal mechanism in civil litigation, with its scope now extending well beyond direct perpetrators of human trafficking. Under Section 1595(a) of TVPRA, victims can sue an individual or entity who “knowingly benefits, financially or by receiving anything of value, from participation in a…
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On June 5, 2025, the Supreme Court, in Ames v. Ohio Department of Youth Services, unanimously held that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing background circumstances to establish a prima facie case for reverse discrimination. 605 U.S. ___, 145 S.Ct. 1540 (2025). The plaintiff, Marlean A. Ames (“Ames”),…
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As President Donald Trump continues his ongoing trade wars, including tariffs, businesses are responding with massive layoffs to shoulder the increased cost of production. Mack Trucks, Volvo, General Motors and Estée Lauder are some of the employers that have announced layoffs, specifically citing the impact of the Trump Administration’s tariffs. Smaller employers are also laying…
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In recent years, salary transparency has evolved from a workplace taboo into a defining feature of modern employment law. Driven by shifting societal expectations and evolving labor market norms, jurisdictions across the United States are codifying pay transparency requirements—fundamentally reshaping compensation practices and imposing new compliance obligations on employers. At its core, pay transparency is…
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On January 21, 2025, President Trump signed Executive Order 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order declared that employer policies and practices that “use dangerous, demeaning and immoral race- and sex- based preferences under the guise of so called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA)” violate…
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In recent years, there have been significant advancements in the field of artificial intelligence (AI). As AI continues to advance, its applications in the workplace are becoming increasingly prevalent. From automating mundane tasks to enhancing decision-making processes, AI has the potential to revolutionize industries and reshape the workforce. However, with this power comes a need…
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Just a month into his second term, President Donald Trump has already begun to make major changes at the Equal Employment Opportunity Commission. One of President Trump’s first actions was appointing Commissioner Andrea Lucas (“Lucas”) as Acting Chair for EEOC. Lucas has served on EEOC’s panel since 2020, when President Trump first appointed her as…
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On December 19, 2024, the EEOC published a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” The purpose of the fact sheet is to provide guidance to employers that implement wearable technologies in the workplace. Wearable technologies are devices worn on the…
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