Learn about the EEOC’s latest enforcement actions and technical assistance after the DEI executive orders. Find out how HR professionals should now proceed.
Archives for March 27, 2025
House, Senate Democrats Press Trump to Reverse EEOC Terminations
Democrats in Congress are urging the president to reverse his firing of two members of the US Equal Employment Opportunity Commission, which they say undercut the civil rights agency’s independence and bipartisanship.
House Democrats Press EEOC Over Field Office Lease Terminations
A group of House Democrats are urging EEOC Acting Chair Andrea Lucas to “reverse course” on any plans to terminate leases for the agency’s field offices, according to a letter exclusively shared with Bloomberg Law.
Billionaire Bill Gates says a 2-day work week is coming in just 10 years, thanks to AI replacing humans ‘for most things’
Say hello to a 5-day weekend, according to Microsoft co-founder Bill Gates
Learn How To Say ‘No’ At Work Without Guilt Using These 5 Phrases
Discover five professional, respectful ways to set boundaries and protect your time while staying a team player.
How To Answer Behavioral Interview Questions As A Career Switcher
The STAR method may not cut it when you’re trying to convey transferrable skills. CARL is a better framework to use when you’re switching careers.
10 Common Job Scams To Look Out For In 2025
Knowing how to spot job scams is crucial to protect your finances and personal data. Here are 10 of the most common ones plus ways to protect yourself.
Why Lawyers Are Standing Up To Big Law
Plus, Lattice CEO on AI agents vs digital workers, DOGE cuts could lead to a U.S. science brain drain and unsecured work group chats gone wrong in this week’s Careers newsletter.
Ensuring Employee Selection Procedures Comply with California Law
California’s Fair Employment and Housing Act (FEHA) prohibits discrimination both in the selection of employees and during employment based on certain protected characteristics. Federal law provides similar protections under Title VII of the Civil Rights Act of 1964. Consequently, California employers must ensure their employee selection process is free from
Termination Requirements Around the Globe
In the realm of global employment, the concept of termination payments can be a complex and often surprising issue for U.S.-based employers. Unlike in the United States, where the at-will employment doctrine generally allows employers to dismiss employees at any time with or without cause (as long as the reason
Crackdown on Antisemitism in Education is Not Just limited to Students
In light of recent government actions directed at ensuring educational institutions protect their faculty and staff, as well as students, from antisemitism, such employers should ensure they are familiar with their obligations under federal law and that they have policies and practices in place to protect their employees and students.
A No-Go for Employees’ Anti-Trust Claims Based on High-End No-Hire Agreements
By: A No-Go for Employees’ Anti-Trust Claims Based on High-End No-Hire Agreements
Recently, the United States Court of Appeals for the Second Circuit upheld the dismissal of a class action against defendants Saks Inc., Gucci, Prada, Loro Piana, Brunello Cucinelli and other luxury good manufacturers.
The Plaintiffs claimed the luxury good manufacturer defendants violated Federal Anti-Trust laws by entering into no-hire agreements with Saks. In 2023, we noted that the State of California came to the defense of the employees joining an amicus curiae brief.
The agreements at issue were entered into between the luxury good defendants and Saks as the luxury good defendants agreed not to hire employees who were employed by Saks within the previous six months, unless managers from both companies approved the hire. Plaintiffs claimed that such agreements restrained competition, suppressed wages, and limited employee mobility.
The Court of Appeals agreed that the trial court got it right under several levels of analysis, so it’s a no-go on the employees’ appeal.
The Court of Appeals concluded that these were not per se unlawful because the agreements were not horizontal restraints on trade, and primarily impacted the vertical relationships among the luxury good defendants and Saks.
The Court then applied the Rule of Reason analysis to the Complaint and concluded that the plaintiffs failed to show an actual adverse effect on competition in the marketplace. It was not enough to show that a specific plaintiff was harmed, but they failed to demonstrate an adverse effect on competition market-wide. The Court reviewed the operative complaint and found that it alleged harm in a purely conclusory manner without specific allegations that there was national market-wide suppression of compensation or mobility among all businesses employing such workers.
The Court of Appeals did not mention amicus briefing from any of the State Attorneys General.
What Employers Should Do In Light of This Decision
Employers need to be cognizant that this case was adjudicated under the Federal Sherman Act, many states, like California have their own anti-trust laws that may be interpreted differently.
Employers seeking guidance on no-hire, no-poach or covenants not to compete involving California employees should seek counsel, including Dan M. Forman and CDF’s Trade Secret Practice Group.
Dear Littler: Do we need to compensate employees for travel time and other time spent incidental to work?
Dear Littler,
We are a nursing services company with employees in various states, some of whom work remotely. Recently, some employees have been asking to be paid for time spent commuting to client sites or into our offices. Others have asked to be compensated for time spent changing into uniforms,
Puerto Rico Executive Order 2025-015 Targets Pilot Program for the Incorporation of Project Labor Agreements
On March 19, 2025, Puerto Rico Governor Hon. Jennifer A. González repealed several sections of Executive Order 2022-014 (“EO-2022-014”) through Executive Order 2025-015 (“EO-2025-015”). EO-2022-014 established the “Pilot Program for the Incorporation of Project Labor Agreements,” which required all bidders on construction projects exceeding $5,000,000, funded in whole or in
Virginia Amends Threshold Compensation Level for Ban on Non-Competes for “Low-Wage Employees”
On March 24, 2025, Governor Glenn Youngkin signed into law legislation that amends the threshold compensation level of a “low-wage employee” with whom the Commonwealth restricts employers from entering into agreements not to compete. Virginia currently prohibits employers from entering into, enforcing, or threatening to enforce non-compete agreements against “low-wage