Author Archives: admin

March 21, 2025

DEI and Discrimination: What Employers Should Know

Brit Merrill

Warning of unlawful DEI-related discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) issued guidance this week outlining when a DEI initiative, policy, or practice may be unlawful under Title VII.

The guidance includes a joint one-page technical assistance document titled “What To Do If You Experience Discrimination Related to DEI at Work” and an EEOC-issued question-and-answer technical assistance document titled “What You Should Know About DEI-Related Discrimination at Work.” Technical assistance documents do not carry the force of law and are not legally binding, but do provide insight and guidance on agency policy.

Mickell Jimenez

Key Takeaways

1. DEI programs cannot segregate or exclude employees based on a protected characteristic.

Prohibited conduct may include

“Limiting membership in workplace groups, such as Employee Resource Groups (ERG) or other employee affinity groups, to certain protected groups”; and
“Separating employees into groups based on race, sex, or another protected characteristic when administering DEI or other trainings, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources[.]”

Note the guidance that “other privileges of employment” cannot segregate or exclude employees based on a protected characteristic. As detailed below, the guidance specifies that this applies to exclusion from training, mentorship programs, and fellowships. Read more >>

March 21, 2025

Wyoming Legislature Takes a Bite Out of Covenants Not to Compete

Brad Cave

by Brad Cave

Governor Gordon signed a bill this week to significantly narrow the enforceability of covenants not to compete under Wyoming law. While the new law leaves Wyoming businesses with a few options to continue to use those covenants, employers need to move quickly in advance of the new law’s effective date.

New Covenants Not to Compete Are Void, With Some Exceptions. The new law, known in the Legislature as Senate File 107, prohibits contractual restrictions on a person’s ability to work: “Any covenant not to compete that restricts the right of any person to receive compensation for performance of skilled or unskilled labor shall be void.” This language is broad enough to invalidate all such covenants, whether contained in an employment contract, an independent contractor agreement, or some other contract. Read more >>

March 3, 2025

Federal Court Blocks Trump’s DEI Restrictions—What It Means for Employers

Adam Bouka

by Adam Bouka

A federal court in Maryland recently issued a nationwide injunction blocking key parts of President Donald Trump’s executive orders (EOs) that sought to limit diversity, equity, and inclusion (DEI) programs in workplaces across the country.

The ruling temporarily halts enforcement of key provisions affecting DEI initiatives, particularly for federal contractors, grant recipients, and private companies that faced uncertainty, compliance risks, and potential penalties. The court found that the provisions were vague, potentially unconstitutional, and could unlawfully restrict free speech, allowing businesses to continue their DEI efforts without immediate government intervention.

What Was Blocked?

The court’s decision prevents the government from:

Stopping or canceling federal contracts or grants related to DEI.
Forcing federal contractors or grant recipients to declare that they do not have DEI programs.
Investigating or penalizing private employers for having DEI programs or engaging in diversity-related discussions.

For now, both federal contractors and private employers can continue their DEI programs without fear of federal enforcement actions. Read more >>

January 24, 2025

Preparing for Worksite Enforcement Investigations

Ann Lee

By Ann Lee

Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?

Answer: There was a surge in worksite enforcement investigations in the fiscal year of 2018 by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), and they are expected to surge again. ICE uses the I-9 inspection program to promote compliance with the law, part of a comprehensive strategy to address and deter illegal employment. Beyond I-9 compliance, the Department of Labor may perform site visits to investigate wage and hour issues, unfair labor practices, and even examining H-1B sponsoring employers’ Public Access Files. Read more >>

January 22, 2025

Wyoming Legislature Considers Eleven Employment Bills

Brad Cave

by Brad Cave

The Wyoming Legislature convened last week, and our elected representatives have a full agenda of proposed employment laws. From changing the rules for time off for voting to prohibiting mandatory DEI training, the proposed legislation could result in more changes for Wyoming employment law than we have seen in decades. Wyoming employers should pay attention to these proposals.

Anti-Woke Proposals. The growing nationwide “anti-woke” movement and its related resistance to diversity, equity and inclusion programs (DEI) has influenced several bills before the legislature.

What is a Woman Act. House Bill 32 would create statutory definitions of the terms sex, male and female, tied to a person’s biological sex at birth, and would define boy, girl, father and mother in relation to biological sex at birth. The bill would also establish, at least as a matter of Wyoming law, that separate accommodations based on biological sex are not inherently unequal, and that accommodations can be equal with respect to biological sex without being the same or identical. Read more >>

December 19, 2024

Lessons for Employers: Navigating Return-to-Office Policies and ADA Recordkeeping Compliance

Leslie Perkins

by Leslie Perkins

Fresh off the press, the Equal Employment Opportunity Commission (“EEOC”) has issued an important finding this week highlighting key compliance pitfalls for employers under the Americans with Disabilities Act (“ADA”).

On December 18, 2024, the EEOC ordered an Arizona tire company (the “Company”) to pay a former employee $64,500 in damages, in addition to mandating required corrective measures. These steep penalties followed an adverse finding where the EEOC found reasonable cause to believe that the Company retaliated against its former employee and violated the ADA by enforcing a 100% return-to-office policy without engaging in the interactive process for employees requesting a reasonable accommodation. While the EEOC did not publish the details of the reasonable accommodation sought in relation to the return-to-office policy, the EEOC’s order serves as a crucial reminder to employers that their duty to engage in the interactive process remains even when implementing a company-wide policy. Companies should consider, for example, whether a 100% in-office policy will affect employees who may have limited mobility or other conditions that reasonably require them to work from home at least part of the time. Read more >>

December 18, 2024

DHS Finalizes H-1B Modernization Rule Effective January 17, 2025

Ann Lee

By Ann Lee

On December 17, 2024, the Department of Homeland Security (DHS) announced the final implementation of the long-anticipated H-1B modernization rule. This rule, titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers” will take effect on January 17, 2025.

Published in the Federal Register on December 18, 2024, this regulation builds upon earlier modernization efforts initiated in October 2023. The first phase of the H-1B overhaul, focusing on revising the H-1B lottery, “Improving the H-1B registration Selection Process and Program Integrity ”, was implemented on February 2, 2024. Read more >>

December 17, 2024

California Labor and Employment Law Updates for 2025

Adam Bouka

by Adam Bouka, Dora Lane, and Greg Saylin

As we move into 2025, California continues its trend of enacting progressive and comprehensive labor and employment laws. The new legislative updates span a range of critical issues, including whistleblowing, discrimination, workplace safety, artificial intelligence, and paid leave. Employers across the state must act swiftly to update their workplace policies and practices to comply with these changes, which take effect January 1, 2025. Below, we outline the most significant updates and what employers need to know.

Whistleblower Protections

California has expanded protections for whistleblowers with two significant updates:

AB 2299 requires employers to prominently display a list of employees’ rights and responsibilities under whistleblower laws, including the whistleblower hotline number. Notices must use lettering larger than 14-point type. To assist employers, the Labor Commissioner will provide a model list.
AB 2455 extends whistleblower protections to contractors reporting improper governmental activity while providing services to local governments.

Greg Saylin

Sexual Harassment Training

Under AB 2364, employers must pay increased fees under the Property Service Worker Protection Act to fund sexual violence and harassment prevention training. This change emphasizes California’s ongoing commitment to workplace safety and education. Read more >>

December 10, 2024

New Rule Permanently Extends the Automatic EAD Extension Period to 540 Days

Samantha Wolfe

By Samantha Wolfe

The Department of Homeland Security (DHS) is finalizing a critical regulatory change to permanently increase the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days for certain eligible renewal applicants. Scheduled to be published in the Federal Register on December 13, 2024, this rule represents a significant shift in employment authorization policy aimed at mitigating the risks associated with USCIS processing delays.

This change builds on temporary rules issued in 2022 and 2024, which successfully alleviated employment disruptions for thousands of workers and their employers. Here’s what we know so far, based on the unpublished version of the rule. Read more >>

December 6, 2024

Revised Exchange Visitor Skills List: A Game-Changer for J-1 Visa Holders from China, India, and Beyond

By Samantha Wolfe

Samantha Wolfe

The U.S. Department of State has announced a major update to the Exchange Visitor Skills List, effective December 9, 2024. This is the first significant revision in 15 years and removes the two-year home-residency requirement for J-1 visa holders from 34 countries, including China, India, South Korea, Saudi Arabia, and the UAE. These changes have profound implications for individuals, employers, and U.S. innovation.

What Is the Skills List?

The Exchange Visitor Skills List identifies countries and fields of expertise deemed essential for a country’s development. Nationals of these countries who hold J-1 visas have historically been required to return home for at least two years after completing their programs. The revised list eliminates this requirement for 34 nations, marking a significant policy shift toward talent retention in the U.S. Read more >>