In response to the prolonged lack of a quorum at the National Labor Relations Board (“NLRB”) and the Supreme Court‘s May 2025 ruling allowing President Trump’s removal of NLRB Chair Gwynne Wilcox to stand (at least for the time being), New York State has enacted legislation, colloquially referred to as the “NLRB Trigger Bill”, to fill the purported gap in protection and enforcement of labor relations laws. The bill, which Governor Hochul signed on September 5, 2025, amends the New York State Labor Relations Act (“NYSLRA”) by expanding its applicability to private sector employees covered by the National Labor Relations Act (“NLRA”) - employees who were previously explicitly excluded from NYSLRA coverage.
Read MoreThe FTC and various states have continued to evolve their approach to assessing enforceability of noncompete clauses. In light of recent and potential changes, it is critical for employers to remain vigilant on how they draft noncompete and other restrictive covenants agreements with employees, and to examine existing agreements for compliance. This alert summarizes some of the key recent takeaways in this area.
Read MoreAligning with the Trump administration’s recent series of Executive Orders targeting Diversity, Equity, and Inclusion, the Department of Justice recently released a memorandum entitled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” While the guidance is not binding, it is illustrative of the DOJ’s approach to enforcing federal antidiscrimination laws. Employers that receive federal funding should pay particular attention to the guidance, though the guidance document is of note to all employers. The guidance provides a non-exhaustive list of practices that the DOJ views as potentially unlawful, and further details some “best practices” for employers to consider implementing to ensure compliance with federal anti-discrimination laws.
Read MoreIn Ames v. Ohio Department of Youth Services, the Supreme Court of the United States unanimously vacated and remanded the Sixth Circuit’s decision imposing a heightened evidentiary standard on plaintiffs claiming Title VII discrimination that are members of a majority group—in that case, heterosexuals.
Read MoreNew York State and City have enacted new requirements for employers in recent weeks. With these recent changes and the summer upon us, now may be an ideal time for employers to review and update their handbook policies and employee notices to ensure full compliance and alignment with the latest requirements.
Read MoreThe U.S. Department of Justice (“DOJ”) recently announced the creation of the Civil Rights Fraud Initiative (the “Initiative”). The Initiative will use the False Claims Act (“FCA”) to investigate and pursue claims against any recipient of federal funds that “knowingly violates federal civil rights laws,” with a particular emphasis on bringing claims against entities engaging in diversity, equity, and inclusion (“DEI”) practices that may violate federal anti-discrimination laws. This stems from an early Trump Administration Executive Order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order”), which first linked violations of federal anti-discrimination laws with potential enforcement under the FCA.
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