Employment Law Commentary

January 22, 2025 - Announcements, Discrimination, OFCCP
President Trump Rescinds Affirmative Action for Federal Contractors and Requires Enforcement Plan to End Unlawful DEI at Private Companies
By: Andrew R. Turnbull
On January 21, 2025, President Trump signed a sweeping executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, rescinding affirmative action and other anti-discrimination laws applying to federal contractors, requiring contractors to certify that they do not have unlawful “DEI programs,” and requiring
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April 23, 2024 - Announcements, Non-Compete
FTC Issues Final Rule Banning Non-Competes
By: Eric Akira Tate, Andrew R. Turnbull, Cooper J. Spinelli, Alexander Okuliar, Lisa M. Phelan, Megan E. Gerking, Michael Schulman and Melissa M. Harclerode
On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in the context of a sale of business. The Final
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June 26, 2023 - Legislation, Announcements
SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs
By: Andrew R. Turnbull, Carrie H. Cohen and Michael Schulman
As anticipated, the U.S. Supreme Court’s decision in the two companion cases brought by the Students for Fair Admissions, Inc. (SFFA) against Harvard University (Harvard) and the University of North Carolina (UNC) ended affirmative action for college admissions by effectively overruling the Court’s longstanding
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May 10, 2023 - Announcements, Coronavirus (COVID-19)
President Biden Revokes Federal Contractor Vaccine Mandate
By: Joseph R. Palmore, J. Alex Ward and Roke Iko
On May 9, 2023, President Biden issued a highly anticipated Executive Order formally revoking the federal contractor COVID-19 vaccine mandate (Executive Order 14042) and the federal employee COVID-19 vaccine mandate (Executive Order 14043). The decision marks a significant shift in the administration’s earlier stance
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April 10, 2023 - NLRB, Announcements
NLRB GC Takes Broad View of the McLaren Macomb Decision
By: Andrew R. Turnbull
The General Counsel for the National Labor Relations Board (the “NLRB”) recently issued Memorandum GC 23-05 (the “Memorandum”), expansively interpreting the reach of the McLaren Macomb (“ McLaren ”) decision and raising more questions about how companies can lawfully use non-disparagement and confidentiality clauses
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February 28, 2023 - NLRB, Announcements
NLRB Limits Use of Non-Disparagement and Confidentiality Provisions
By: Andrew R. Turnbull
In a reversal of Trump-era National Labor Relations Board (the “Board”) precedent, the Board found last week in McLaren Macomb that non-disparagement and confidentiality provisions in a severance agreement violate the National Labor Relations Act (“NLRA”) if those provisions have “a reasonable tendency” to
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January 23, 2023 - OFCCP, Announcements
OFCCP Releases New Audit List for 2023
By: Andrew R. Turnbull
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a list of 500 contractor establishments scheduled to receive advance audit notices known as Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters that OFCCP sends to federal contractors and subcontractors
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October 13, 2021 - OFCCP, Announcements, Coronavirus (COVID-19), Department of Labor (DOL), Legislation
Webinar: Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042
Please join us on October 14, 2021, as we discuss the latest developments on Biden's Executive Order 14042 in our upcoming webinar, "Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042," from 1:00 p.m. - 2:30 p.m. EDT. On September 24, 2021, the
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September 10, 2021 - Announcements, Coronavirus (COVID-19), Legislation
President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees
By: Andrew R. Turnbull
On September 9, 2021, President Biden issued a six-pronged Path Out of the Pandemic (the “Plan”) and Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO”) that will require certain federal contractors and businesses with 100 or more employees to have
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April 09, 2021 - Announcements
Second Circuit Affirms Class Decertification Based on Inadequate Representation
By: Jessica Kaufman and Adam J. Hunt
Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment must remain appropriate throughout the litigation. In
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Topic Archives: Announcements

President Trump Rescinds Affirmative Action for Federal Contractors and Requires Enforcement Plan to End Unlawful DEI at Private Companies

By: Andrew R. Turnbull

FTC Issues Final Rule Banning Non-Competes

By: Eric Akira Tate, Andrew R. Turnbull, Cooper J. Spinelli, Alexander Okuliar, Lisa M. Phelan, Megan E. Gerking, Michael Schulman and Melissa M. Harclerode

SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs

By: Andrew R. Turnbull, Carrie H. Cohen and Michael Schulman

President Biden Revokes Federal Contractor Vaccine Mandate

By: Joseph R. Palmore, J. Alex Ward and Roke Iko

NLRB GC Takes Broad View of the McLaren Macomb Decision

By: Andrew R. Turnbull

NLRB Limits Use of Non-Disparagement and Confidentiality Provisions

By: Andrew R. Turnbull

OFCCP Releases New Audit List for 2023

By: Andrew R. Turnbull

Webinar: Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042

President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees

By: Andrew R. Turnbull

Second Circuit Affirms Class Decertification Based on Inadequate Representation

By: Jessica Kaufman and Adam J. Hunt