February 10, 2025
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Category: Affirmative Action and Diversity

Trump Administration Faces First Legal Challenge on Pair of Diversity Executive Orders

Two of President Trump’s DEI-related executive orders are being challenged in a lawsuit from the National Association of Diversity Officers in Higher Education. NADOHE’s lawsuit, filed February 3 in the U.S. District Court for the District of Maryland, asserts that Executive Orders 14151 and 14713 violate the Constitution’s due process and free speech protections and asks the court to declare...
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January 29, 2025
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Category: Immigration

Fifth Circuit Rules DACA Unlawful

The Deferred Action for Childhood Arrivals program is unlawful, but the program will continue to protect current DACA beneficiaries, the U.S. Court of Appeals for the Fifth Circuit ruled January 17. Under Texas v. United States, new DACA applications will not be processed, but the court stayed its ruling for current DACA beneficiaries so they can keep their DACA status...
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January 22, 2025
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Category: CP Featured

Supreme Court Rejects Higher Evidentiary Standard for Proving FLSA Exemptions

The U.S. Supreme Court last week made it easier for employers to defend their decisions to apply the FLSA’s overtime and minimum wage exemptions. In E.M.D. Sales, Inc. v. Carrera, it unanimously rejected a lower court’s ruling that applied a tougher standard for employers to prove FLSA exemptions. In the January 15 ruling, the Justices held that an employer must...
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December 19, 2024
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Category: Affirmative Action and Diversity

Federal Appeals Court Vacates Nasdaq’s Board Diversity Rules

A federal appeals court has vacated the Nasdaq stock market’s rule requiring Nasdaq-listed companies to disclose diversity data for their boards of directors. In 2021, the Securities and Exchange Commission approved Nasdaq’s proposal to require most Nasdaq-listed companies to have at least one female and one minority/LGBTQ board member or explain their lack of diversity. The rule also required covered companies to...
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December 17, 2024
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Category: Affirmative Action and Diversity

Maryland District Court Allows Naval Academy To Consider Race in Admissions

The Naval Academy’s consideration of applicants’ race in admissions decisions does not violate the Constitution’s equal protection guarantee, a federal court ruled December 6 in Students for Fair Admissions v. U.S. Naval Academy. In upholding the Naval Academy’s practice, the U.S. District Court for the District of Maryland distinguished this case from last year’s Supreme Court Harvard decision, which rejected...
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December 02, 2024
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Category: Executive Order

Ninth Circuit Rules Federal Contractor Minimum Wage Increase Exceeded Biden’s Authority

President Biden exceeded his authority by issuing Executive Order 14026 raising the federal contractor minimum wage to $15 per hour, a federal appeals court ruled November 5 in Nebraska v. Su. The U.S. Court of Appeals for the Ninth Circuit also held that the U.S. Department of Labor acted arbitrarily and capriciously when it published implementing regulations. The Ninth Circuit...
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November 21, 2024
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Category: DOL

DOL’s Increase to Minimum Salary Threshold for White-Collar Overtime Exemption Blocked Nationwide

A federal court has vacated a Labor Department rule that increased the minimum salary level for the “white-collar” overtime exemption. Therefore, the prior minimum salary threshold of $684 weekly is back in effect. The opinion came November 15 by the U.S. District Court for the Eastern District of Texas in Texas v. U.S. Dep’t of Labor. The Biden Administration’s final...
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November 07, 2024
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Category: Compliance Reporting and Recordkeeping

Religious Groups Seek To Block FCC Demographic Data Collection Similar to EEO-1 Report

A group of religious broadcasters has asked a federal appeals court to block the Federal Communications Commission (FCC) from collecting race and ethnicity data from broadcasters. The court’s ruling could have implications for similar data collections like the EEO-1 Report. Earlier this year, the Federal Communications Commission (FCC) voted to resume collecting race and ethnicity data from broadcasters, a practice...
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November 07, 2024
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Category: Agency Enforcement

FTC Fines Employer Over Allegedly Misleading Job Ads

The Federal Trade Commission has agreed to a $2.1 million settlement with a rideshare company over advertising practices that the Commission deemed “misleading or deceptive,” the FTC announced October 25. Specifically, the FTC alleged that some of the company’s advertisements to recruit drivers featured unrealistic earnings potential and others included misleading promotions language. The settlement serves as a reminder that—in addition to...
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October 31, 2024
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Category: Agency Enforcement

Labor Department Enjoined From Enforcing E.O. 11246 Claim Against Federal Contractor

A federal district court has temporarily blocked the Office of Federal Contract Compliance Programs from continuing enforcement proceedings against a  janitorial services company that allegedly violated Executive Order 11246 by engaging in racially discriminatory hiring. The September 9 ruling by the U.S. District Court for the Southern District of Texas came in ABM Industry Groups v. U.S. Department of Labor....
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