NEWS & INSIGHTS
10/7/25: Equal Employment Opportunity Commission gets a quorum for the first time since January 2025, when U.S. Senate confirms Trump appointee Brittany Panuccio as a member of the five-member Commission. Ms. Panuccio is a Republican, giving the Commission a 2-1 Republican majority. We can expect significant changes from prior EEOC enforcement priorities, regulatory action, and enforcement now that it has a Republican majority.
9/30/25: U.S. Department of Labor’s Wage and Hour Division issues four opinion letters. One letter addressed the concept of “joint employment” under the Fair Labor Standards Act (FLSA). Another addressed the concepts of the “tip credit” and “tip pooling” under the FLSA in a restaurant. Another addressed whether emergency pay must be included in the regular rate of pay under the FLSA. And the fourth opinion letter addressed how to calculate Family and Medical Leave Act leave hours for employees working abnormal shifts.
9/30/25: Equal Employment Opportunity Commission increases the maximum civil penalty from $680 to $698 for violations of the notice-posting requirement under Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act. While the amount of the increase is not dramatic, it’s a reminder that posting notices to employees of these laws is legally required.
9/19/25: Trump signs proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” which requires a $100,000 fee payment for any new H-1B petition filed after September 21, 2025.
9/15/25: EEOC issues internal memo announcing it will no longer pursue complaints based on the “disparate impact” theory of employment discrimination, and that it will dismiss all pending claims based on disparate impact theory by September 23, 2025. This development is in line with an Executive Order issued by President Trump on April 23, 2025, which directed federal agencies to shift priorities and enforcement away from disparate impact discrimination claims.
9/10/25: Federal Trade Commission sends warning letters out to healthcare employers and staffing firms, warning that overbroad or unnecessary noncompete agreements may violate the FTC Act. Employers should be on notice that, despite dropping its efforts to pass a noncompete ban, it appears the FTC will be active when it comes to noncompete agreements, although it seems as if enforcement, rather than rulemaking, will be the tactic. In a press release announcing these letters, the FTC stated: “Enforcement against unreasonable noncompete agreements remains a top priority for the Federal Trade Commission. We strongly encourage all employers—not just those receiving letters today—to review their contracts closely, to ensure that any restrictions on employee mobility are in full compliance with the law.”
9/5/25: Federal Trade Commission formally announced its intention to end its appeals in support of its 2024 noncompete agreement ban and accede to vacatur of all pending litigation.
8/5/25: Seventh Circuit rules in favor of teacher in religious accommodation case, allowing the case to survive summary judgment. The case involved the teacher’s refusal to comply with the school district’s policy of requiring teachers to use the student names/pronouns from the school database. Teacher expressed religious objection to using the preferred names/pronouns of transgender students. This case is likely to be influential in the many other similar cases around the country. It is also noteworthy for the fact that the lower court and even the Seventh Circuit had initially ruled against the teacher, but the Seventh Circuit changed its mind after the 2023 U.S. Supreme Court decision in Groff v. DeJoy, which changed the test for when granting a religious accommodation is required, making it much harder for an employer to legally deny a religious accommodation request. The case is Kluge v. Brownsburg Community School Corporation (7th Cir. 2025).
7/24/25: U.S. Department of Labor’s Wage and Hour Division announces the return of its “Payroll Audit Independent Determination” (PAID) program. The PAID program is voluntary and allows employers to self-audit and self-report potential Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) violations, and then work with the DOL to correct any violations, obtain legally binding releases of further claims, and avoid penalties and liquidated damages.
7/21/25: Tenth Circuit Court of Appeals rules that mandatory referral to an EAP can constitute an adverse employment action sufficient to support a discrimination case. The court based its decision in part on the 2024 U.S. Supreme Court Muldrow v. City of St. Louis decision, in which the Supreme Court lowered the threshold for what constitutes actionable harm from “significant change” to “some harm”. The case is Scheer v. Sisters of Charity of Leavenworth Health System, Inc. (10th Cir. 2025).
7/4/25: President Trump signs the “One Big Beautiful Bill”. Among other things, the law contains “no-tax-on-tips” and “no-tax-on-overtime” provisions, effective through December 31, 2028.
6/27/25: U.S. Department of Labor’s Wage and Hour Division issues new enforcement guidance announcing that it will no longer seek liquidated damages against employers to resolve investigations into potential violations of the Fair Labor Standards Act. The DOL has been requiring employers to pay liquidated damages, in an amount equal to the back pay owed, to resolve investigations since 2010. This change should result in less expensive resolutions of investigations.
6/5/25: U.S. Supreme Court rules that “majority group” plaintiffs (e.g., plaintiffs who are Caucasian, white, male, heterosexual, etc.) do not have to prove more than “minority group” plaintiffs in Title VII employment discrimination cases. Prior to this ruling, several federal judicial circuits (including the Tenth Circuit, which covers Utah) applied the “background circumstances rule,” which required majority group plaintiffs in such cases, often referred to as “reverse discrimination” cases, to prove that the employer at issue was the “unusual employer that discriminates against the majority group.” As a result of this case, we can expect more “reverse discrimination” claims to be brought by majority group employees, more of those claims to survive motions to dismiss or for summary judgment, and therefore, increased settlement costs. The case is Ames v. Ohio, 605 U.S. ___ (2025).
6/2/25: U.S. Department of Labor announces the return and expansion of its opinion letter program. Opinion letters are official written opinions on how the DOL would interpret a law it enforces in a given workplace situation. The DOL will issue opinion letters through five of its subagencies: the Wage and Hour Division, OSHA, the Employee Benefits Security Administration, the Veterans’ Employment and Training Service, and the Mine Safety and Health Administration. You can find prior opinion letters or request a new one here: https://www.dol.gov/agencies/oasp/compliance-initiatives/opinion-letters
5/21/25: A Louisiana federal district court struck down sections of the 2024 Equal Employment Opportunity Commission Pregnant Workers Fairness Act regulations. The court specifically vacated the parts of the regulations that included “abortion” as a “related medical condition” of pregnancy and childbirth, and that required employers to provide accommodations for elective abortions that are not necessary to treat a medical condition.
5/15/25: A Texas federal district court struck down sections of the 2024 Equal Employment Opportunity Commission unlawful harassment enforcement guidance that included significant protections for LGBTQ+ employees. The court specifically invalidated all parts of the guidance that define “sex” to include “sexual orientation” and “gender identity” and that required accommodations regarding restrooms, dress, and pronouns for LGBTQ+ employees.
5/1/25: U.S. Department of Labor’s Wage and Hour Division issues new enforcement guidance, announcing that it will no longer enforce the 2024 Biden-era independent contractor rule that made it harder to classify workers as independent contractors. Instead, the Wage and Hour Division said it will apply pre-Biden era principles, which were more advantageous to employers seeking to classify workers as independent contractors. In doing so, the Wage and Hour Division referenced Fact Sheet #13 from 2008 and an Opinion Letter from 2019 (during Trump’s first term), and reinstated that Opinion Letter as #FLSA2025-2. Note that the 2024 rule has not been officially withdrawn and remains in effect for private litigants. (I believe it is likely the 2024 rule will officially be withdrawn in the next year.)
4/23/25: President Trump issues Executive Order titled “Restoring Equality of Opportunity and Meritocracy”. This EO directs federal agencies to shift priorities and enforcement away from disparate impact discrimination claims.
3/19/25: U.S. Justice Department and EEOC issue joint guidance to educate the public about “unlawful discrimination related to ‘diversity, equity, and inclusion’ (DEI) in the workplace.” The guidance includes a one-page document titled “What To Do If You Experience Discrimination Related to DEI at Work” (found here: https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-work) and a longer document titled “What You Should Know About DEI-Related Discrimination at Work” (found here: https://www.eeoc.gov/wysk/what-you-should-know-about-dei-related-discrimination-work).
3/10/25: Trump-appointee Lori Chavez confirmed as Secretary of Labor.
2/26/25: Federal Trade Commission announces intention to continue scrutinizing non-competes and to form task force to identify and prosecute practices the agency deems to be “deceptive, unfair, and anticompetitive” and harmful to employees and to recommend regulatory/legislative action.
2/17/25: EEOC dismisses several lawsuits it had filed alleging gender identity discrimination, stating that continuing to pursue these lawsuits conflicts with President Trump’s January 20, 2025 Executive Order (discussed below).
2/5/25: The U.S. Attorney General, who heads the U.S. Department of Justice, issued a memo indicating it “will investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector.” (https://www.justice.gov/ag/media/1388501/dl?inline) The memo, titled “ENDING ILLEGAL DEI AND DEIA DISCRIMINATION AND PREFERENCES”, indicates that it was prompted by Trump’s Executive Order 14173, and, like that EO, states that it is focusing on discrimination based on race or sex. The memo suggests that not just civil, but also criminal, investigations may be coming.
1/28/25: President Trump fired two Democratic EEOC Commissioners, leaving EEOC without a quorum.
1/27/25: President Trump fires Democratic National Labor Relations Board member Gwynne Wilcox, leaving Board with only two members, which means it doesn’t have a quorum and can’t issue decisions.
1/21/25: President Trump issues two anti-DEI Executive Orders: 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and 14151 “Ending Radical and Wasteful Government DEI Programs and Preferencing”. Among other things this results in end of affirmative action rules relating to race and sex for federal contractors.
1/20/25: President Trump issues Executive Order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” requiring federal government to recognize only two biological sexes (male and female, as determined at conception) and removes the concept of “gender identity” from federal anti-discrimination laws. (Note the apparent conflict with current EEOC Guidance and with U.S. Supreme Court’s 2020 Bostock ruling.)
1/20/25: Donald Trump becomes President and immediately begins undoing many of the policies of the Biden Administration, including several dramatic changes to labor and employment law policy and enforcement.
1/15/25: U.S. Supreme Court clarifies that the burden of proof on employers to establish that an employee meets an FLSA exemption is “preponderance of the evidence”—not “clear and convincing”. This changes the standard that has been in place in many states (depending on what federal judicial circuit they’re in) and should make it easier for employers to successfully argue for an exemption under federal law.
Read the Supreme Court’s decision here: https://www.supremecourt.gov/opinions/24pdf/23-217_9o6b.pdf
11/15/24: Federal court in Texas enjoins Department of Labor from enforcing its final rule raising the salary level requirements for the FLSA’s “white collar exemptions”. This means the white collar exemption salary levels returns to 2019 levels and there are currently no plans in place for these levels to increase.
8/23/24: Fifth Circuit vacates Department of Labor’s “80/20/30 Rule”, a complicated rule that limited employers’ ability to take advantage of the Fair Labor Standards Act’s “tip credit”. Restaurant Law Center v. U.S. Department of Labor.
8/20/24: Federal court in Texas issues final judgment setting aside Federal Trade Commission's Noncompete Rule, which would have prohibited almost all employee noncompete agreements. This ruling’s effect is nationwide, meaning the FTC rule currently has no effect anywhere. Ryan, LLC v. FTC, 2024 WL 3879954 (N.D. Tex., Aug. 20, 2024).
7/3/24: Federal court in Texas preliminarily enjoins Federal Trade Commission from enforcing its new Noncompete Rule (set to go into effect September 4, 2024), which will prohibit almost all employee noncompete agreements—but this only applies to the litigants of this Texas case. The Noncompete Rule remains scheduled to go into effect on September 4 for every other employer/employer in the country unless something else changes before then. This federal court indicated that it will issue its final ruling in this case by August 30, 2024.
6/28/24: Federal court in Texas preliminarily enjoins Department of Labor from enforcing its final rule raising the salary level requirements for the FLSA’s “white collar exemptions”—but this only applies to the State of Texas as an employer. For every other US employer, phase one of the new fuel went into effect July 1, 2024 and phase two will go into effect January 1, 2025 unless something changes before then. The court indicated that it will issue its final ruling in this case “in a matter of months,” which could mean before phase two of the salary level increase goes into effect January 1, 2025. Employers should keep their eyes on this and other litigation to keep track of the fate of the FLSA’s new salary level for the white collar exemptions.
6/14/24: Equal Employment Opportunity Commission announces $515,000 settlement of Genetic Information Nondiscrimination Act (GINA)/Americans with Disabilities Act lawsuit. This shortly after the EEOC settled another GINA/ADA lawsuit for $1 Million in October 2023.
5/29/24: Equal Employment Opportunity Commission sues 15 employers across country for failure to file EEO-1 Reports.
4/29/24: Equal Employment Opportunity Commission issues comprehensive “Enforcement Guidance on Harassment in the Workplace” (its first new guidance on this topic since 1999)
4/23/24: Department of Labor issues final rule updating the Fair Labor Standards Act regulations relating to “white collar exemptions". Updates include substantial increases to the salary level required to be considered exempt and a mechanism that provides for regular future increases to these amounts.
The first phase of the new rule goes into effect July 1, 2024, with a second phase going into effect January 1, 2025.
4/23/24: Federal Trade Commission issues new rule banning almost all noncompete agreements. The rule is scheduled to go into effect September 4, 2024 but litigation is already pending that could change that.
8/1/23: USCIS begins allowing remote examination/verification of employees’ I-9 supporting documents, for employers who are enrolled in good standing with E-Verify.
8/1/23: New I-9 Form available (click here for new I-9) from USCIS; employers must use this form starting November 1, 2023.
7/26/23: EEOC updates ADA technical assistance document “Visual Disabilities in the Workplace and the Americans with Disabilities Act”. This comes six months after the EEOC updated ADA technical assistance relating to hearing disabilities and the ADA.
Access the visual disabilities technical assistance document here
Access the hearing disabilities technical assistance document here
6/29/23: U.S. Supreme Court modifies standard for determining when a religious accommodation must be granted under Title VII of the Civil Rights Act of 1964. This changes the standard that has been in place since 1977 and should make it easier for employees to get religious accommodations.
6/27/23: New “Know Your Rights: Workplace Discrimination is Illegal” poster issued by EEOC (prior year posters no longer compliant)
6/27/23: Pregnant Workers Fairness Act takes effect today, requiring employers w/ at least 15 employees to reasonably accommodate employees and applicants experiencing pregnancy, childbirth, or related conditions, unless doing so would cause an undue hardship.
6/13/23: National Labor Relations Board modifies independent contractor standard under NLRA. The new standard will result in far more workers being found to be employees, rather than independent contractors, under the NLRA.
5/30/23: NLRB General Counsel issues memo indicating that most noncompete agreements violate National Labor Relations Act
5/18/23: EEOC issues new technical assistance document “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964
5/15/23: EEOC updates COVID technical assistance document “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”
4/30/23: New FLSA poster issued by Department of Labor (prior year posters no longer compliant)
4/30/23: New FMLA poster issued by Department of Labor (certain prior year posters still satisfy posting requirement)
2/21/23: National Labor Relations Board rules that employers can’t offer severance agreements that require employees to broadly waive certain rights, which would include most versions of severance agreements that most employers in the U.S. are using today. This ruling applies in both union and non-union settings.
Read the NLRB press release, which includes a link to the decision, here
12/29/22: Two new federal laws signed by Biden today provide rights to pregnant employees and employees w/ pregnancy-related conditions.
See DOL resources on the new PUMP Act here
See EEOC resources on the Pregnant Workers Fairness Act here
8/11/22: COVID UPDATE: CDC updates COVID-related guidance, easing many prior workplace recommendations for employers
7/26/22: NLRB and U.S. Dep’t of Justice announce partnership targeting employers who attempt to evade legal obligations by misclassifying employees as independent contractors, and employers who attempt to impose overly-restrictive noncompete and nonsolicitation agreements/rules
7/19/22: NLRB and Federal Trade Commission announce partnership to protect workers from “anticompetitive and unfair labor practices," e.g. misclassification of workers as independent contractors and unreasonable noncompete agreements
7/15/22: NLRB press release reveals that in 1st three quarters of FY2022, union election petitions are up 58%, already exceeding all FY2021 petitions filed
7/12/22: COVID UPDATE: EEOC updates COVID-related guidance with revisions to section A.6; clarifies that going forward employers need to assess whether current pandemic circumstances and individual workplace circumstances justify workplace COVID testing
6/27/22: EEOC adds nonbinary “X” gender marker to charge intake process
5/25/22 Dep’t of Labor publishes updated FMLA guidance on mental health and job-protected leave
4/12/22: In very rare move, U.S. federal court orders Salt Lake City supermarket not to interfere w/ U.S. Dep’t of Labor investigation
3/11/22: U.S. Dep’t of Labor’s Wage and Hour Division publishes new resources to fight retaliation against employees
3/3/22: Biden signs “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” into law, effective immediately
3/1/22: VACCINE UPDATE: EEOC updates COVID-related EEO guidance with new section L: “Vaccinations—Title VII Religious Objections to COVID-19 Vaccine Requirements”
2/9/22: VACCINE UPDATE: 5th Circuit maintains injunction of COVID vaccine mandate for federal workers
1/27/22: VACCINE UPDATE: Federal district court that issued 12/7/21 injunction (see story below) that resulted in nationwide injunction of COVID vaccine mandate for federal contractors issues NEW ORDER clarifying that injunction only applies to vax requirement, not other provisions of mandate (e.g., masking, distancing, etc.)
1/26/22: VACCINE UPDATE: OSHA withdraws COVID-19 vaccination Emergency Temporary Standard and asks Sixth Circuit to dismiss ETS litigation as moot
OSHA clarifies that it’s leaving ETS in place as a “proposed rule”
1/24/22: US Dep’t of Labor issues, then immediately removes, “Fact Sheet #84: Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations under the FLSA”
1/14/22: OSHA civil penalties undergo automatic increase
1/13/22: VACCINE UPDATE: U.S. Supreme Court issues decisions in two vaccine-related cases:
In one case, Court reinstates stay of OSHA's COVID-19 Vaccination and Testing ETS (meaning the ETS cannot go forward while litigation continues regarding the validity of the ETS)
Read the opinion
In the second case, Court lifts stay of CMS vaccine mandate (a/k/a the healthcare vaccine mandate) (meaning the rule is currently in effect and can continue in effect unless again stopped by litigation)
Read the opinion
1/7/22: VACCINE UPDATE: U.S. Supreme Court holds oral argument on both OSHA ETS and CMS vaccine mandates
12/17/21: VACCINE UPDATE: Emergency petition filed asking U.S. Supreme Court to reinstate stay of OSHA's COVID-19 Vaccination and Testing ETS
12/19/21: VACCINE UPDATE: 6th Circuit lifts stay of OSHA's COVID-19 Vaccination and Testing ETS; OSHA announces new compliance deadlines
Learn More:
12/10/21: This is not your nontraditional parental figures’ employment law company
I realized this about myself in my late teens/early 20s. Like most people, this was the time in my life when I became, at least legally speaking, an adult, and started thinking about what the hell I was going to do for a career.