Four powerful federal enforcement agencies, including the EEOC, have issued a joint statement putting users of artificial intelligence on notice that the agencies are prioritizing enforcement of cases where AI or similar tools may be discriminating a
The four federal agencies with statutory authority over federal whistleblower protection/bounty hunter laws report that activity increased in fiscal year 2022 as compared to the previous year, with two of those agencies receiving a record number of t
Wednesday, October 5, 2022
The U.S. Department of Justice announced recently that it had reached settlements with some 20 different employers to resolve discrimination allegations brought under the Immigration Reform and Control Act.
Wednesday, August 17, 2022
The U.S. Department of Justice recently announced a large monetary antitrust settlement involving the poultry industry in which DOJ alleged unlawful suppression of worker pay. The settlement is further evidence of DOJ’s current focus on going after a
The National Labor Relations Board has signed “Memoranda of Understanding” with both the Federal Trade Commission and the Department of Justice to coordinate enforcement of alleged employment practices that stifle competition.
In another example of the EEOC’s growing scrutiny of how the use of Artificial Intelligence tools intersects with the laws the agency enforces, the Commission has issued new technical assistance guidance on ensuring that AI tools don’t violate the AD
The Biden Administration has targeted alleged anti-competitive practices as an enforcement priority, and even though the Department of Justice recently lost two high profile criminal jury trials, there are no signs that it intends to back off.
Addressing an issue that has split the federal courts for almost 30 years, the Department of Justice has issued guidance taking the position that the public accommodations requirements of the Americans with Disabilities Act cover websites.
Two recent developments underscore the Biden Administration’s commitment to going after employment-related practices that are deemed to be anti-competitive, including misclassification, non-competes, labor market concentration, and “fissured” workpla
Recent Guidelines issued by U.S. Attorney General Merrick Garland remind federal agencies that the Freedom of Information Act requires them to publicly disclose information they hold unless one of the law’s exemptions applies.
The U.S. Securities and Exchange Commission reports that based on “tips” filed by corporate whistleblowers, it awarded a whopping $564 million in bounty hunter awards last year, more than all previous years combined.
Tuesday, February 15, 2022
Fifty years ago, Congress passed a resolution setting up a process for the states to ratify the Equal Rights Amendment as a new amendment to the U.S. Constitution. The federal courts today are still grappling with the question of whether the ERA has
Tuesday, December 21, 2021
As President Biden’s first year in office draws to a close, we take a look at how many of his key appointments to run the agencies that regulate the workplace have been confirmed by the U.S. Senate, as well as a number of nominations that still await
Tuesday, December 15, 2020
Congress has given final approval to yet another federal whistleblower retaliation protection bill, in this case prohibiting an employer from retaliating against an employee who reports an alleged criminal antitrust violation to the government. Presi
Thursday, November 5, 2020
The EEOC has approved a revised Memorandum of Understanding with OFCCP and the Justice Department aimed at improving interagency coordination efforts regarding enforcement of the federal civil rights laws.
Under a 2015 bill approved by Congress, statutory fines under many federal laws are adjusted upwards on an annual basis for inflation. Our memo lists adjusted current penalty amounts for a number of employment-related violations.
Wednesday, October 14, 2020
In the Trump Administration’s latest effort to curb alleged abuses in the popular H-1B visa program, the government has issued two new “Interim Final Rules” that are designed to further restrict the use of H-1B visas.
The Trump Administration has taken three separate actions over the last few weeks aimed at impacting businesses that employ foreign workers on H-1B visas, including a substantial increase in application fees.
Although only a federal trial court ruling, this case raises the interesting issue of whether work-authorized beneficiaries of the Deferred Action for Childhood Arrivals program are protected from discrimination on that basis by Section 1981.
A split Supreme Court has ruled that the Trump Administration failed to provide adequate justification when it attempted to rescind the Deferred Action for Childhood Arrivals (DACA) program in 2017. As a result of the Court’s ruling, the DACA program
Friday, February 21, 2020
The four different federal agencies that handle whistleblower complaints filed under more than 20 federal laws have released enforcement statistics covering the fiscal year that ended on September 30, 2019. The data are consistent with the previous y
Friday, November 22, 2019
The Deferred Action for Childhood Arrivals (DACA) program, which permits certain individuals who would not otherwise be eligible for employment in the U.S. to get jobs, has been tied up in litigation since the Trump Administration attempted to rescin
Immigration law protects non-citizens with U.S. work authorization from job discrimination based on their citizenship status. A small unit within the Justice Department enforces these requirements, and three recent settlements underscore that DOJ is
So-called no poach agreements between employers agreeing not to hire the other employer’s employees have drawn increasing scrutiny from both federal and state antitrust cops. There are HR implications, as our memo explains.
The Trump Administration is continuing to make incremental changes to U.S. immigration law designed to curb illegal immigration and employer abuse of the legal immigration system. Our memo provides an update on the latest developments.