In our prior post, we reported that on February 21, 2025, a Maryland federal judge had issued a nationwide preliminary injunction temporarily blocking the key provisions of President Trump’s DEI-related Executive Orders (EOs). That judge later refused to stay the preliminary injunction, despite the Trump administration’s request, and clarified that the preliminary injunction applied to all federal agencies, not only those named as defendants in the lawsuit.Continue Reading UPDATE: Fourth Circuit reinstates DEI executive orders pending appeal
Court clarifies that DEI executive orders are temporarily blocked for all federal agencies
In the early days of his second term, President Trump issued a series of executive orders (EO) that were aimed at reshaping the landscape of both federal and private sector policies. Two specifically targeted diversity, equity, and inclusion (DEI) initiatives:
- EO 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” directs the termination of all DEI-related mandates, policies, programs, preferences, and activities within federal agencies. It further calls for the termination of “equity-related” grants or contracts and requires agencies to report all employees in DEI positions to the Office of Management and Budget.
- EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” impacts the private sector, directing the attorney general to develop a strategic enforcement plan, identifying key private entities for civil rights investigations, recommending regulatory actions, and proposing potential litigation to curb DEI practices deemed discriminatory under the Trump administration’s interpretation of federal law. It also requires federal contractors and grant recipients to eliminate DEI programs that involve race- or sex-based preferences and certify that they do not operate any programs promoting DEI that violate any applicable federal anti-discrimination laws as a condition of receiving government funding.
How U.S. employers can support their workforces during the Southern California wildfires
On January 8, 2025, California received a Major Disaster Declaration for the ongoing Southern California wildfires. As the devastating wildfires continue to rage across the Los Angeles area, employers may be wondering how they can support their Southern California workforces while remaining compliant with employment laws. Employers must consider a host of factors, including compliance with tax regulations and wage and hour laws, worker safety, leaves of absence, and worksite closures.
Below are some key tips for businesses with a Southern California presence to consider as they navigate the challenging weeks and months ahead.Continue Reading How U.S. employers can support their workforces during the Southern California wildfires
Fifth Circuit upholds DOL’s 2019 salary threshold amid ongoing 2024 threshold challenges
In a challenge to the Department of Labor’s (DOL) 2019 overtime rule, the U.S. Court of Appeals for the Fifth Circuit affirmed the DOL’s authority to use a salary threshold requirement to define the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA). See Mayfield, et al. v. U.S. Department of Labor, et al., No. 23-50724 (5th Cir. Sept. 11, 2024). This decision is a victory for the DOL as it currently defends challenges to its 2024 overtime rule that raised the minimum salary thresholds for the EAP exemptions.Continue Reading Fifth Circuit upholds DOL’s 2019 salary threshold amid ongoing 2024 threshold challenges
Texas federal court strikes down FTC non-compete rule
On August 20, 2024, Northern District of Texas Judge Ada Brown barred the U.S. Federal Trade Commission’s (FTC) rule banning non-competes from taking effect. The rule, which proposed to ban virtually all existing and future non-compete agreements across the U.S., and was scheduled to go into effect on September 4, 2024, is now effectively blocked.
Judge Brown reasoned that the FTC’s non-compete ban constituted an unlawful agency action, stating that the FTC lacks the authority to ban practices it deems unfair methods of competition by adopting substantive rules. Specifically, Judge Brown concluded that:
the FTC lacks statutory authority to promulgate the Non-Compete Rule, and that the Rule is arbitrary and capricious. Thus, the FTC’s promulgation of the Rule is an unlawful agency action . . .[The rule] is hereby SET ASIDE and shall not be enforced or otherwise take effect on September 4, 2024, or thereafter.”
Continue Reading Texas federal court strikes down FTC non-compete rule