As previously discussed on PERKS, on January 21, 2025, the Trump Administration published Executive Order 14173, which purports to end “Illegal DEI.” In furtherance of that EO, on February 18, 2026, the General Services Administration (GSA) issued a proposal to update
Davis & Gilbert LLP
Davis & Gilbert LLP is a New York-based law firm that provides legal services to a diverse client base across the United States and internationally. The firm publishes content focused on legal issues affecting various industries, including advertising, marketing, technology, labor and employment, and data privacy. Their publications often analyze regulatory developments, compliance challenges, and emerging trends such as artificial intelligence in the workplace and consumer protection laws. They also produce industry reports and case studies highlighting legal strategies and outcomes for clients in sectors like retail, digital platforms, and food services. The firm addresses topics like advertising truthfulness, children’s online privacy, data protection regulations, and social media influencer risks.
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Latest from Davis & Gilbert LLP - Page 9
Court Limits Employers’ Use of AI Notetakers Under Federal and State Privacy Laws
Companies who permit employees to use AI notetaker tools will want to take note of this one:
On February 10, 2026, Judge Rakoff, a Federal District Court Judge for the Southern District of New York, held that documents prepared by…
Appeals Court Upholds Key Provisions of Trump Administration DEI Executive Orders
Last week a federal appeals court permanently vacated a preliminary injunction against provisions of Executive Orders 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and EO 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”). These provisions, among other…
U.S. Supreme Court Declines to Revive Challenge to Federal Contractor Vaccine Rules
The U.S. Equal Employment Opportunity Commission (“EEOC”) announced last week that it is investigating allegations that Nike, the athletic footwear and apparel company, intentionally discriminated against white employees and job applicants, including as a result of Nike’s various DEI initiatives.…
FTC Signals Shift Away From Broad Non‑Compete Ban at Public Workshop
Last week, the Federal Trade Commission held a public workshop in which it made clear that while it will not seek to ban noncompete agreements outright, it remains committed to aggressively targeting “abusive” noncompete provisions on a case-by-case basis under…
Texas Attorney General Opinion Addresses Employer DEI and Classroom Policies
Texas Employers: The Texas Attorney General issued an opinion on January 19, 2026 (Martin Luther King Day) regarding the legality of DEI initiatives in the private sector.
While not legally binding, courts and other agencies in Texas (and potentially elsewhere)…
New Jersey Expands Employee Rights Under the Family Leave Act
New Jersey Employers:
Recently enacted legislation expands employee rights under the New Jersey Family Leave Act (NJFLA). Effective July 17, 2026, the expanded law lowers the employer coverage minimum to 15 employees and reduces employee eligibility requirements to three months…
New York Restricts Employers’ Use of Credit History in Employment Decisions
New York State Employers:
Beginning April 18, 2026, New York State will limit employers’ ability to use credit history in making employment decisions.
Amendments to New York State’s Fair Credit Reporting Act extend protections that are similar to those already…
Congress Enacts “No Tax on Tips” and “No Tax on Overtime” Provisions
Key features of the One, Big, Beautiful Bill (OBBB) enacted in 2025 — the so-called “no-tax on tips” and “no tax on overtime” provisions — merit important clarification: These provisions did not remove taxes from these payments; rather, they allow…
Department of Labor Proposes New Independent Contractor Classification Rule
It’s Q1, which for many employers means it is time to pay out employee bonuses. Bonus payments can drive morale and reward great performance. But it is important to remember that payment of non-discretionary bonuses can impact overtime payments for…