Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…
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Trump’s Pick for Chief Legal Officer May Signal More Changes for DOL
This week President Donald Trump nominated attorney Jonathan Berry to be the next solicitor of the Department of Labor (DOL). Berry worked in the department during the first Trump administration…

Still in the Dark After Loper Bright: SCOTUS Declines to Shine a Light on NLRB Deference Post-Chevron
Last year, the United States Supreme Court’s Loper Bright decision put an end to “Chevron deference,” a judicial practice of deferring to federal agency interpretations of ambiguous statutory language.
As you know, there’s been a frenzy around DEI initiatives this year in the of wake President Trump’s executive orders regarding diversity, equity, and inclusion programs. We addressed the executive…

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely
In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of…

OSHA Terminates COVID-19 Emergency Temporary Standard for Healthcare Workers
Is COVID-19 still a thing, and does OSHA care about it? Yes and yes. We all know that COVID-19 is still around. On the OSHA front, the agency seems to…
The Federal Trade Commission has a new chairman — Andrew Ferguson. Prior to becoming chairman, Ferguson was sworn in as an FTC commissioner in April 2024 under then-President Joe Biden.

NLRB’s General Counsel Initiatives Trumped: Here We Go Again with Dramatic Shifts in Labor Law
As the mainstream media has reported, President Trump is firing everyone he can (and maybe some he can’t) at the National Labor Relations Board. On day one, the president fired…

Blast from the Past: The Potential Ripple Effect of the ‘Return to In-Person Work’ Executive Order on the Private Sector and Key Considerations for Employers
President Donald Trump’s “Return to In-Person Work” executive order (EO) mandates that federal employees return to full-time office work. This EO effectively ended the widespread hybrid and remote…
Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national…