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Insights

April 16, 2025
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Category: Congress

House Panel Advances Bills To Amend FLSA To Encourage Job-Related Training, Child Care Services

The House Committee on Education and the Workforce has advanced two bills to amend the Fair Labor Standards Act (FLSA). These bills would incentivize employers to offer voluntary job-related training and to provide overtime-eligible employees with child and dependent care benefits. H.R. 2262 would exclude time spent in after-hours training programs from hours worked, even if the training programs are job-related....
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April 15, 2025
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Category: Immigration

USCIS Makes Minor Revisions to Form I-9

The U.S. Citizenship and Immigration Services published a new version of Form I-9 with minor, nonsubstantive changes. The new I-9 can be used immediately, but prior versions of the I-9 can still be used until they expire, USCIS has announced. The new version of the Form I-9 carries an edition date of 01/20/25 and an expiration date of 05/31/2027. Two...
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April 14, 2025
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Category: Agency Enforcement

Former EEOC Commissioner Jocelyn Samuels Sues for Reinstatement

Jocelyn Samuels, a former Commissioner and Vice Chair of the Equal Employment Opportunity Commission, is seeking reinstatement to the post from which President Trump fired her in January. The lawsuit, filed April 9 in the U.S. District Court of the District of Columbia, contends that Congress did not grant the president the authority to remove EEOC Commissioners. Ms. Samuels, a...
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April 10, 2025
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Category: Agency Enforcement

Senate Confirms Harmeet Dhillon To Be Assistant Attorney General for Civil Rights

On April 3, the Senate confirmed President Trump’s nominee, Harmeet Dhillon, to be the Assistant Attorney General for the Department of Justice’s (DOJ) Civil Rights Division (CRD). Ms. Dhillon will lead what many people consider the federal government's chief civil rights enforcement agency. The CRD is responsible for enforcing several federal civil rights laws, including those dealing with voting rights,...
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April 09, 2025
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Category: Immigration

FY 2026 H-1B Lottery Complete — Selected Employers Can File Petitions

The U.S. Citizenship and Immigration Services agency has completed the FY 2026 H-1B visa lottery for employees who will begin working October 1, 2025. Any employer selected in the lottery may file an H-1B petition (a Form I-129) and accompanying documents for the selected beneficiary by the end of June. USCIS notified all selected petitioner employers via email and their...
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April 09, 2025
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Category: Trump Administration

President Trump Nominates Andrew Rogers as Next Wage and Hour Chief

President Trump has nominated Andrew Rogers to serve as the next Administrator of the Labor Department’s Wage and Hour Division. Rogers is currently the Acting General Counsel at the Equal Employment Opportunity Commission. Previously, he served as chief counsel to EEOC Acting Chair Andrea Lucas and as a senior advisor at the Wage and Hour Division. Earlier in his career,...
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April 07, 2025
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Category: ADA

Appeals Court: Workers May Qualify for Accommodation Even If They Can Do Job’s Essential Functions

The Americans with Disabilities Act does not preclude employees from receiving a reasonable accommodation even if they are able to perform a job’s essential functions without one, the U.S. Court of Appeals for the Second Circuit ruled March 25. In Tudor v. Whitehall Central School District, a teacher sued her employer after it refused to give her 15-minute breaks to address...
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April 07, 2025
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Category: Compliance Reporting and Recordkeeping

EEOC Seeks To Remove Non-Binary Response Option for EEO-1 Reporting

The Equal Employment Opportunity Commission has asked the White House Office of Management and Budget (OMB) for approval to change the EEO-1 Report’s instructions relating to employees that self-identify as non-binary. Employers likely will be required to report all employees as either male or female in the next reporting cycle. For the past several years, the EEOC has instructed employers that they...
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April 03, 2025
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Category: Agency Enforcement

President Trump Nominates Jonathan Berry for Solicitor of Labor

On March 31, President Trump nominated Jonathan Berry to serve as the Solicitor of Labor. The top lawyer position is the third most senior role at the Labor Department, after the Secretary and Deputy Secretary. Mr. Berry is currently managing partner at the law firm Boyden Grey. He wrote the chapter on Labor Department policies for Project 2025, the Heritage Foundation’s policy...
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April 03, 2025
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Category: Agency Enforcement

President Trump Nominates Crystal Carey as NLRB General Counsel

On March 24, President Trump nominated Crystal Carey to serve as the General Counsel of the National Labor Relations Board. If the Senate confirms her, Carey will take over for Acting General Counsel William B. Cowen, whom President Trump appointed on February 3. In the short time since, Acting General Counsel Cowen has swiftly implemented policy changes by rescinding numerous memoranda issued...
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