On April 14, 2025, the U.S. District Court for the Northern District of Illinois issued a preliminary injunction preventing the U.S. Department of Labor (“DOL”) from enforcing a certification provision and termination clause included in the executive orders titled Ending
Law and the Workplace
The "Law and the Workplace" blog, published by Proskauer Rose LLP, focuses on legal issues related to employment and labor law. It covers topics such as wage and hour regulations, anti-retaliation provisions under laws like the Fair Labor Standards Act, national origin discrimination and EEOC enforcement, pay equity and transparency laws, labor-management relations, employment litigation, and regulatory compliance. The blog also addresses developments in employment agency leadership and enforcement priorities, as well as legislative changes affecting workplace policies. It serves as a resource for understanding legal challenges and compliance requirements in the workplace context.
Latest from Law and the Workplace - Page 7
President Trump Issues Executive Order Aimed at Eliminating Disparate Impact Liability Under Anti-Discrimination Laws
On April 23, 2025, the White House issued an Executive Order (“EO”) entitled “Restoring Equality of Opportunity and Meritocracy,” which aims to “eliminate the use of disparate-impact liability in all contexts to the maximum degree possible.”
First recognized under Title…
Virginia Strengthens Ban on Non-Competes for “Low-Wage Employees”
On March 24, 2025, Virginia Governor Glenn Younkin signed into law S.B. 1218, which amended Virginia’s non-compete law to expand the definition of “low-wage employees” with whom employers may not enter into non-competition agreements.
A “low-wage employee” previously was defined…
Wyoming Bans Most Non-Compete Agreements
Wyoming just banned most non-compete agreements (Wyo. Stat. § 1-23-108): starting July 1, 2025, most agreements that restrict workers from working in competitive jobs will be void, absent some exceptions for:
- High-Level Employees: Non-compete agreements with “executive and
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Webinar: Wage & Hour Law Under the Second Trump Administration
With federal wage-and-hour law rapidly evolving under the Trump administration, now is the time for in‑house counsel, HR professionals, and industry leaders to take stock of the changes and proactively prepare for what’s ahead. On Tuesday, April 8 Allan Bloom…
Second Circuit Clarifies ADA Standard on Reasonable Accommodations
Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act (“ADA”) even if they can perform…
EEOC and DOJ Release Guidance on DEI and Workplace Discrimination
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice issued two technical assistance documents discussing how the agencies view and define Diversity, Equity and Inclusion (“DEI”) in the context of workplace discrimination:…
Fourth Circuit Temporarily Allows DEI-Related EOs to Continue
As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the federal government from enforcing several DEI-related…
U.S. Supreme Court Hears Oral Argument in Reverse Sex Discrimination Case
On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher…
DEI in the Spotlight: Wage and Hour Implications
With the nation’s heightened focus on DEI programs and policies, U.S. employers should carefully evaluate the legal risks associated with their DEI-related wage and hour practices.
Many employers across a broad range of industries—including financial services, technology, media, healthcare,…