As we reported previously, President Trump’s January 21 Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” terminated certain affirmative action requirements applicable to government contracts and federally-funded construction contracts. The EO also mandates that
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Ruling to Halt FTC’s Ban on Non-Compete Agreements
In a recent G2 Intelligence article, I discussed the Texas court ruling halting the ban on non-compete agreements issued by the Federal Trade Commission (FTC) in 2024. While the FTC plans to appeal the decision, employers should be aware of…
President Trump’s Shake-Up of Federal Enforcement Agencies Continues with Big Changes to the EEOC
Last week, as part of a major shake-up of the federal government’s enforcement agencies, President Trump made three major changes to the Equal Employment Opportunity Commission (EEOC), all of which will cause a major shift in the political leanings of…
President Trump Makes Two Big Changes to NLRB – One Expected, One Unprecedented
Update (February 3, 2025): On February 1, President Trump fired Acting General Counsel Jessica Rutter. At this time, it is unclear who will serve as Acting General Counsel or who President Trump will ultimately appoint as General Counsel of the…
2025 Changes to ACA Employer Information Reporting Obligations and the Employer Shared Responsibility Penalties
In December 2024, Congress and President Biden passed two laws—the Paperwork Burden Reduction Act (PBRA) and the Employer Reporting Improvement Act (ERIA)—that made important changes to employers’ responsibilities regarding furnishing information to employees under the Affordable Care Act (ACA) information…
President Trump Revokes Executive Order 11246
“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246 (EO11246), along with several other previously enacted executive orders…
Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision, some courts had…
BREAKING: DOL Expands the Voluntary Fiduciary Correction Program
Earlier today, the U.S. Department of Labor (DOL) published in the Federal Register an updated version of the Voluntary Fiduciary Correction Program (VFCP) under Title I of ERISA. Per the DOL, VFCP “is designed to encourage correction of fiduciary breaches…
Navigating 2025 Pay Transparency Laws: What Employers Need to Know Across States
Massachusetts, Minnesota, New Jersey and Vermont have each enacted pay transparency laws which are effective in 2025 and Illinois amended its Equal Pay Act to include pay transparency requirements effective as of January 1, 2025. Enactment of pay transparency laws…
National Labor Relations Board Expected to Have Republican Majority Shortly After Trump Takes Office
On Wednesday, the Senate did not confirm the re-appointment of current National Labor Relations Board (NLRB) Chairman Lauren McFerran, a Democrat, whose term will expire December 16. President Biden’s nomination and attempted re-appointment of Chairman McFerran failed on a procedural…