Carrie Hoffman

2 months ago | jdsupra.com | Carrie Hoffman |Daniel Kaplan |Larry S. Perlman

Following up on the Trump Administration’s series of executive orders and statements regarding diversity, equity, inclusion, and accessibility (DEI or DEIA) programs, on February 5, 2025, both the Office of Personnel Management (OPM) and the United States Attorney General Office issued memoranda reflecting additional guidance as to what may constitute an “illegal” DEI or DEIA program and directing enforcement action.

2 months ago | jdsupra.com | Amanda Hibbler |Carrie Hoffman |Daniel Kaplan

Amidst a flurry of employment-related executive orders issued during the first few days of the new administration, on January 21, 2025, President Trump signed an executive order titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity (“the Executive Order”). The Executive Order describes diversity, equity, inclusion, and accessibility as “dangerous, demeaning, and immoral” and in violation of federal civil rights legislation.

Oct 15, 2024 | jdsupra.com | Carrie Hoffman

The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards Act (FLSA) exemption to its overtime and minimum wage requirements applies.

May 21, 2024 | jdsupra.com | Carrie Hoffman

The United Auto Workers (UAW) has lost an election at two Mercedes Benz plants in Vance, Alabama. The May 2024 loss reflected that workers turned down the union by a significant margin (56% to 44%). The UAW had hoped to make bigger inroads in the south with its organizing efforts at these Mercedes Benz plants. Indeed, in April 2024 workers at a Volkswagen plant in Chattanooga, Tennessee, voted in favor of representation by the UAW.

Apr 9, 2024 | jdsupra.com | Carrie Hoffman

On April 1, 2024, the U.S. Department of Labor (DOL) published its final rule on who is allowed to be present for an OSHA inspection. The rule becomes effective on May 31, 2024. By way of background, both the employer and employees have the ability to designate a “walkaround” representative to accompany an OSHA inspector on a walkaround of the facility during an inspection by the agency. The new rule clarifies who the employee representative can be.