Should Your Business Sign SBA Form 601 Requiring Non-Discriminatory Hiring Practices?
In 1965, President Lyndon Johnson issued Executive Order 11246 requiring all contractors and sub-contractors working on a project financed by more than $10,000 of federal funding (including Small Business Administration (SBA) loans) to practice affirmative action in hiring and not discriminate based on race, color, religion, sex, gender identity, sexual orientation or national origin. Prior to the issuance of EO 11246, white males held most of the jobs in the construction industry. In the 60 years since it became effective, the number of racial and ethnic minorities employed on construction projects has increased significantly. Read More ›
Categories: Contracts, Employment
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Recommendations for DEI Programs in the Wake of Recent Federal Court Decision Findings on Diversity Initiatives
On June 3rd, 2024, the 11th Circuit Court of Appeals issued a decision, American Alliance for Equal Rights v. Fearless Fund Management Fund, LLC, et al, that impacts considerations for how diversity, equity and inclusion (“DEI”) programs will be analyzed under federal law. In short, the rules are complicated, and that fact should not be ignored if employers want to safely navigate and maintain DEI programs. Read More ›
Categories: Employee Handbook, Employment, Lawsuit, Legislative Updates
DOT Issues Final Rule: Revised Procedures for Workplace Oral Drug Testing
In June 2024, the U.S. Department of Transportation (DOT) published a final rule with revised procedures for workplace drug and alcohol testing using oral fluid. The revisions detail technical changes in the way oral fluid samples are to be collected and witnessed during mandatory employee drug testing. Read More ›
Categories: Alerts and Updates, Employee Handbook, Employment, Trade Secrets
40 Year Precedent is Overturned: Brace for Likely Challenges to Agency Regulations
Last week, on June 28, 2024, the Supreme Court issued a landmark decision that severely limits the power of federal agencies to interpret the laws they enforce in Loper Bright Enterprises v. Raimondo. This decision is likely to have a significant impact on many industries, potentially effecting labor and employment laws, environmental regulation, and agency actions that impact the cost of healthcare.
See the full article here: Supreme Court Overturns 40 Year Precedent | Legal Challenges to Agency Regulations: Foster Swift (firmseek.com)
Categories: Alerts and Updates, Department of Labor, Employment, Legislative Updates, News, U.S. Supreme Court
Dalimonte Discusses Implications of FTC's Noncompete Ban
After the U.S. Federal Trade Commission (FTC) voted 3-2 on April 23, 2024, to publish its final rule in effectively banning most noncompete agreements between U.S. workers and employers, many questions abound as to what the details of this ban entail. Read More ›
Categories: Did you Know?, Employee Handbook, Employment, Labor Relations, News
Preparing Employers: New Regulations for the Pregnant Workers Fairness Act
On April 15, 2024 the U.S. Equal Employment Opportunity Commission (EEOC) published final regulations on the new federal Pregnant Workers Fairness Act (PWFA).[1] The new regulations, which will take effect June 18, 2024, dramatically expand the scope of workplace accommodations that covered employers will be required to provide to pregnant employees (both before and after a pregnancy), and as a result employers should be preparing now for the new requirements.[2]
Categories: Alerts and Updates, Employee Handbook, Employment, Labor Relations
FTC Prohibits Most Noncompete Agreements Between Employers and Workers
In a 3-2 vote along party lines on April 23, 2024, the U.S. Federal Trade Commission (FTC) approved and issued a final rule to take effect in 120 days prohibiting most noncompete agreements between employers and workers. The Commission says the new regulations will ensure that American workers have the freedom to pursue a new job, start a new business or introduce a new product or service to the market.
See the full, original article here: FTC Prohibits Most Noncompete Agreements | U.S. Workers | Legal Challenges Expected: Foster Swift
Categories: Alerts and Updates, Employment, Labor Relations, Lawsuit, News
What Employers Need to Know About DOL Employee Classification Rules
The much-anticipated independent contractor final rule issued by the U.S. Department of Labor (DOL) that became effective on March 11, 2024, is the next step in the evolution of employer/employee/independent contractor. Read More ›
Categories: Employment, Labor Relations, Liability
Time to Revisit Your “Standard” Employment and Separation Agreements
A recent flurry of activity from the National Labor Relations Board and its General Counsel has many employers rethinking “standard” contract clauses which employers have routinely included in employment or separation agreements. Read More ›
Categories: Contracts, Employment, Labor Relations, National Labor Relations Board
Employer Q & A About New Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. It was passed by the U.S. Congress in December 2022 with bipartisan support due to a growing awareness of the country’s worsening maternal health outcomes and lack of support for pregnant working mothers. Read More ›
Categories: Alerts and Updates, Employee Benefits, Employment, Labor Relations, Legislative Updates
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