DOJ

Memo
22-189
Wednesday, October 5, 2022

The U.S. Department of Justice announced recently that it had reached settlements with some 20 different employers to resolve discrimination allegations brought under the Immigration Reform and Control Act.


Memo
22-155
Wednesday, August 17, 2022

The U.S. Department of Justice recently announced a large monetary antitrust settlement involving the poultry industry in which DOJ alleged unlawful suppression of worker pay. The settlement is further evidence of DOJ’s current focus on going after a


Memo
22-144
Tuesday, August 2, 2022

The National Labor Relations Board has signed “Memoranda of Understanding” with both the Federal Trade Commission and the Department of Justice to coordinate enforcement of alleged employment practices that stifle competition.


Memo
22-094
Tuesday, May 17, 2022

In another example of the EEOC’s growing scrutiny of how the use of Artificial Intelligence tools intersects with the laws the agency enforces, the Commission has issued new technical assistance guidance on ensuring that AI tools don’t violate the AD


Memo
22-086
Tuesday, May 3, 2022

The Biden Administration has targeted alleged anti-competitive practices as an enforcement priority, and even though the Department of Justice recently lost two high profile criminal jury trials, there are no signs that it intends to back off.


Memo
22-069
Monday, April 11, 2022

Addressing an issue that has split the federal courts for almost 30 years, the Department of Justice has issued guidance taking the position that the public accommodations requirements of the Americans with Disabilities Act cover websites.


Memo
22-066
Thursday, April 7, 2022

Recent Guidelines issued by U.S. Attorney General Merrick Garland remind federal agencies that the Freedom of Information Act requires them to publicly disclose information they hold unless one of the law’s exemptions applies.


Memo
22-064
Thursday, April 7, 2022

Two recent developments underscore the Biden Administration’s commitment to going after employment-related practices that are deemed to be anti-competitive, including misclassification, non-competes, labor market concentration, and “fissured” workpla


Memo
22-043
Thursday, March 3, 2022

The U.S. Securities and Exchange Commission reports that based on “tips” filed by corporate whistleblowers, it awarded a whopping $564 million in bounty hunter awards last year, more than all previous years combined.


Memo
22-031
Tuesday, February 15, 2022

Fifty years ago, Congress passed a resolution setting up a process for the states to ratify the Equal Rights Amendment as a new amendment to the U.S. Constitution. The federal courts today are still grappling with the question of whether the ERA has


Memo
21-248
Tuesday, December 21, 2021

As President Biden’s first year in office draws to a close, we take a look at how many of his key appointments to run the agencies that regulate the workplace have been confirmed by the U.S. Senate, as well as a number of nominations that still await


Memo
20-247
Tuesday, December 15, 2020

Congress has given final approval to yet another federal whistleblower retaliation protection bill, in this case prohibiting an employer from retaliating against an employee who reports an alleged criminal antitrust violation to the government. Presi


Memo
20-221
Thursday, November 5, 2020

The EEOC has approved a revised Memorandum of Understanding with OFCCP and the Justice Department aimed at improving interagency coordination efforts regarding enforcement of the federal civil rights laws.


Memo
20-218
Monday, November 2, 2020

Under a 2015 bill approved by Congress, statutory fines under many federal laws are adjusted upwards on an annual basis for inflation. Our memo lists adjusted current penalty amounts for a number of employment-related violations.


Memo
20-204
Wednesday, October 14, 2020

In the Trump Administration’s latest effort to curb alleged abuses in the popular H-1B visa program, the government has issued two new “Interim Final Rules” that are designed to further restrict the use of H-1B visas.


Memo
20-160
Friday, August 14, 2020

The Trump Administration has taken three separate actions over the last few weeks aimed at impacting businesses that employ foreign workers on H-1B visas, including a substantial increase in application fees.


Memo
20-137
Friday, July 17, 2020

Although only a federal trial court ruling, this case raises the interesting issue of whether work-authorized beneficiaries of the Deferred Action for Childhood Arrivals program are protected from discrimination on that basis by Section 1981.


Memo
20-126
Friday, June 26, 2020

A split Supreme Court has ruled that the Trump Administration failed to provide adequate justification when it attempted to rescind the Deferred Action for Childhood Arrivals (DACA) program in 2017. As a result of the Court’s ruling, the DACA program


Memo
20-036
Friday, February 21, 2020

The four different federal agencies that handle whistleblower complaints filed under more than 20 federal laws have released enforcement statistics covering the fiscal year that ended on September 30, 2019. The data are consistent with the previous y


Memo
19-240
Friday, November 22, 2019

The Deferred Action for Childhood Arrivals (DACA) program, which permits certain individuals who would not otherwise be eligible for employment in the U.S. to get jobs, has been tied up in litigation since the Trump Administration attempted to rescin


Memo
19-176
Friday, August 30, 2019

Immigration law protects non-citizens with U.S. work authorization from job discrimination based on their citizenship status. A small unit within the Justice Department enforces these requirements, and three recent settlements underscore that DOJ is


Memo
19-170
Friday, August 23, 2019

So-called no poach agreements between employers agreeing not to hire the other employer’s employees have drawn increasing scrutiny from both federal and state antitrust cops. There are HR implications, as our memo explains.


Memo
19-103
Friday, May 24, 2019

The Trump Administration is continuing to make incremental changes to U.S. immigration law designed to curb illegal immigration and employer abuse of the legal immigration system. Our memo provides an update on the latest developments.


Memo
19-092
Friday, May 10, 2019

The Social Security Administration has resumed sending so-called “no-match” letters to employers when employee information on a W-2 form does not match SSA records. Because a no-match letter can put an employer on notice that it may be employing an u


Memo
19-057
Friday, March 22, 2019

The annual filing period for employers seeking H-1B visas to employ highly skilled foreign workers begins on April 1. As the result of tighter scrutiny of the H-1B program by the Trump Administration, however, the burden on employers who are applying


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