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Showing posts from April, 2025

On January 8, the US Department of Justice (DOJ) issued a final rule under Executive Order 14117, which established the Rule Preventing Access to US Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons (the Rule).

Read Executive Order 14117  here . The Rule , which took effect on April 8, establishes export-like restrictions and prohibitions on transferring specific types of “bulk U.S. sensitive personal data” and certain specified “government-related data” (including of current or recent US government employees and sensitive government location data) to designated “countries of concern,” including China (with Hong Kong and Macau), Iran, North Korea, Cuba, Venezuela, and Russia, as well as transactions involving “covered persons,” which includes entities that are established under the laws of by a country of concern and their employees. The Rule established high civil penalties and allows for criminal enforcement. However, on April 11, DOJ paused civil enforcement until July 8 on the express condition of “good-faith” efforts to comply, or to come into compliance with the Rule, in the meantime. Criminal enforcement was not paused. Who and What Is Covered? The Rule delineates four main categor...

First 100 Days Report for Employers

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Welcome to FP’s First 100 Days Report for Employers. ( click here to access the full report ) The first 100 days of any new administration set the tone for what’s to come—and in 2025, that tone has been unmistakable: bold, fast-moving, and deeply consequential for employers. From sweeping personnel shifts to executive orders reshaping workplace policy, President Trump’s return to the White House has already led to dramatic changes in labor and employment law. Agencies are moving quickly, priorities are shifting sharply, and new flashpoints are emerging almost daily. For business leaders, the need for clear-eyed insight and proactive strategy has never been greater. That’s why we’ve created this special  100-Day Report —a snapshot of where things stand, where they’re headed, and what your organization should be doing to keep pace. With chapters covering everything from artificial intelligence and noncompetes to DEI, labor relations, immigration, and workplace safety, this series b...

Under Pressure: Mental Health at Work in Times of Uncertainty

Today is the World Day for Safety and Health at Work. To mark the occasion, we take a look at the important area of mental health in the workplace, something that has become one of the most pressing concerns for employers globally in today’s difficult climate. First, we explore the position in Italy, and then seek insights from 15 other countries from across the world.   Mental health at work can be a difficult area for employers to navigate – even more so in the challenging and complex environment of today. Potential workplace restructurings, downsizings, and technological advancements, against a backdrop of broader global uncertainty, are creating a volatile environment that significantly affects workers’ mental well-being. Nevertheless, it is something that employers must take seriously as failing to manage it correctly can have significant legal implications. In this article, we first look at the position in Italy, with a particular focus on workplace stress, the impacts of cur...

Has Trump's EO killed disparate impact claims?

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Is the media buzz accurate? On Wednesday, President Donald Trump issued a new executive order,  "Restoring Equality of Opportunity and Meritocracy."  The buzz is that the President has wiped out disparate impact liability. "NO MORE DISPARATE IMPACT? GOLLY!" But has he? I don't think so. The EO will have a definite -- dare I say it? --  impact , but that theory of liability is not dead. ABCs of disparate impact In 1991, Congress amended Title VII to include specific provisions related to "disparate impact" claims ( scroll down to subsection (k) ). Disparate impact exists when an employer has a facially neutral practice or requirement that disproportionately affects individuals in a protected group. This applies regardless of whether the employer had any intent to discriminate .  But, assuming the employer had no intent to discriminate, it has a defense if it can show that the practice or requirement is job-related and consistent with business necessity...

EEOC announces tentative deadline for EEO-1 Reports

And eight FAQs about preparing your data.   According to  documents recently filed  with the Office of Management and Budget, the Equal Employment Opportunity Commission is moving forward with the collection of 2024 employment data. The tentative filing period for 2024 EEO-1 Reports will begin on  May 20  and close at 11 p.m. Eastern on  June 24 . The EEOC notes in the proposed  Instruction Booklet  for 2024 that the final dates will be posted on its website. Employers “are strongly advised” to check  the site  for updates regarding the filing cycle as well as the data collection itself. Not surprisingly, the EEOC is requesting the OMB to approve a “non-substantive” change to the filing process to comply with Executive Order 14168,  Defending Women From Gender Ideology Extremism and Restoring Biological Trust to the Federal Government . This Executive Order requires that any federal form seeking an individual’s sex will not req...

From Hire to Retire: The Role of Background Checks Throughout the Employee Lifecycle

Explore how background checks play a crucial role throughout the entire employee lifecycle, from hiring to retirement. Learn how they mitigate risk, ensure compliance, and build a trustworthy workplace. The employee life cycle spans from the moment a candidate applies to a position until their retirement or departure from the company. Throughout this journey, background checks serve as crucial tools for maintaining workplace safety, ensuring compliance with regulations, and protecting company assets.  Organizations that implement thorough background screening processes not only during hiring but at strategic points throughout the employee lifecycle reduce risk and strengthen their workforce quality. Background checks take different forms at various stages of employment. Initially, pre-employment screening helps companies verify a candidate’s identity, education, work history, and check for criminal records. As employees advance in their careers, periodic re-screening may become nec...