On January 29, 2024—the 15th anniversary of the enactment of the Lily Ledbetter Fair Pay Act—the Biden administration announced a proposed regulation to prohibit federal contractors and subcontractors from using a job...
Federal Employment Law Insider
During the Biden administration, no executive agency has been more active and aggressive in pursuing the president’s pro-union agenda than the National Labor Relations Board (NLRB). Long recognized as perhaps the most...
In a ruling with significant implications for suits challenging diversity, equity, and inclusion (DEI) and other similar programs, the U.S. Supreme Court ruled on April 17 that Title VII of the Civil Rights Act of 1964...
Two federal district courts have held the U.S. Department of Justice’s (DOJ) administrative law courts—which enforce the laws prohibiting discrimination against work-authorized immigrants—are unconstitutional. In March...
On Monday, April 15, the Equal Employment Opportunity Commission (EEOC) issued its final Pregnant Workers Fairness Act (PWFA) regulations, which were published in the Federal Register on April 19 and will become...
On March 29, 2024, the Office of Management and Budget (OMB) published revisions to federal data that covered entities must collect on race and ethnicity. Principally, the new revisions would add Middle Eastern and North...
As we finish the first quarter of 2024, Congress and the Biden administration continue to focus on regulating artificial intelligence (AI). Despite that attention, however, no comprehensive legislation or regulations...
On March 25, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced it would open the federal contractor portal for covered contractor certification on April 1. Current contractors must certify their...
As of this writing, some weeks have passed since the Office of Management and Budget (OMB) approved the Department of Labor’s (DOL) long-awaited overtime regulations. There’s just one thing: Nothing has been published...
President Biden issues proposed FY2025 budget by the editors of FELI Although Congress has yet to finish approving government funding for fiscal year (FY) 2024, including for the Department of Labor (DOL) and the Nation...
After the U.S. Supreme Court’s decision in SFFA v. Harvard/ UNC, opponents of diversity, equity, and inclusion (DEI) have launched an all-out attack on corporate DEI programs. Recently, however, the courts have offered...
Just as the National Labor Relations Board’s (NLRB) new joint employer regulation was set to become effective, it was struck down by Judge J. Campbell Barker of the Eastern District of Texas. The flux and instability in...
The Department of Labor’s (DOL) overtime rule—Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees—proposed last Fall, is nearing the final stages of...
Although the U.S. 9th Circuit Court of Appeals panel seemed skeptical of the Department of Labor’s (DOL) position in oral argument that the federal contractor minimum wage would promote economy and efficiency as required...
On February 27, the Senate HELP Committee voted 11 to 10 to move Acting Secretary of Labor Julie Su’s nomination to be Secretary of Labor to the floor of the Senate for confirmation. Sen. Bernie Sanders (I.-VT) held the...