{"id":3384,"date":"2023-11-01T18:03:35","date_gmt":"2023-11-01T17:03:35","guid":{"rendered":"https:\/\/herzenstaenze.de\/?p=3384"},"modified":"2026-08-18T08:19:03","modified_gmt":"2026-08-18T07:19:03","slug":"employment-law360-legal-news-analysis-2","status":"publish","type":"post","link":"https:\/\/herzenstaenze.de\/?p=3384","title":{"rendered":"Employment : Law360 : Legal News & Analysis"},"content":{"rendered":"

\"employment<\/p>\n

The EEOC sent letters to 500 of the largest employers in the United States questioning their Title VII compliance and flagging potentially \u201cillegal\u201d DEI initiatives \u2014 a signal that the agency views many diversity hiring and promotion programs as discriminating against majority-group employees. Non-compete enforcement has fractured between an abandoned federal rulemaking and a patchwork of increasingly aggressive state laws. FTC Chairman Andrew https:\/\/startentrepreneureonline.com\/job\/japanese-speaking-hr-canon\/<\/a> Ferguson announced the agency would pursue enforcement case-by-case rather than through broad rulemaking \u2014 effectively leaving the non-compete landscape to state law, where it had always primarily resided. A new General Counsel memorandum directs Board regions to pursue settlement \u201cbased solely on the maintenance of potentially unlawful rules\u201d as inefficient \u2014 a direct departure from Biden-era enforcement posture. The Board restored a working quorum in early 2026, and on February 26, 2026, formally reinstated its 2020 joint employer standard, reverting from the broader 2023 Biden-era rule. Without a quorum, the NLRB cannot issue decisions in unfair labor practice appeals, cannot resolve union election disputes, and cannot make new policy.<\/p>\n<\/p>\n

The ruling deepens a circuit split on the scope of executive power over independent agencies, and its ultimate resolution is expected to be determined by the Supreme Court based on its conflict with other appellate readings of longstanding Supreme Court precedent on independent agencies. Employers with multijurisdictional footprints should address these changes to refine and update compliance roadmaps for 2026. Federal agency authority faced significant constitutional challenges, while states and cities accelerated their own legislation on pay transparency, paid leave, and hiring practices. This new episode highlights a few of the biggest L&E developments from the Summer of 2025, including from the DOL<\/p>\n<\/p>\n

Programs carefully designed to be legally defensible under prior EEOC guidance may now draw scrutiny from the same agency that issued that guidance. The rule was blocked by a federal district court in August 2024, appealed, and then the FTC quietly dropped its appeal in September 2025. Meanwhile, Acting General Counsel William Cowen rescinded over 25 guidance memoranda previously issued by Abruzzo on topics including electronic surveillance of employees, non-compete agreements, and enhanced remedies in unfair labor practice settlements.<\/p>\n<\/p>\n

All Aboard: Navigating STB Constraints When Financing Class III Railroads<\/h2>\n<\/p>\n