Compliance Stuff

  Week 5 of Trump 2. I reported a few weeks ago that  President Trump fired two Democratic Commissioners of the Equal Employme nt Opportunity Commission (former Chair Charlotte Burrows and Jocelyn Samuels) . He appointed Commissioner Andrea Lucas (R) as Acting Chair and left one Democrat, Kalpana Kotagal, on the Commission. One additional seat was already vacant, and as far as I can tell, no one has been nominated to fill that seat, or the seats vacated by Ms. Burrows and Ms. Samuels. The firings plus the vacancy mean that the five-member EEOC currently has only two members and therefore lacks a quorum . That means they can’t issue regulations or guidance, or withdraw or replace regulations or guidance issued during the Biden (or any other) Administration. However, enforcement activity can continue. Or stop, as the case may be. Without question, the EEOC is backing down in certain areas. After an article in  Bloomberg Law  yesterday criticized what was going on,...

  On February 5, 2025, a bill was introduced in the U.S. House of Representatives seeking to codify the recently revoked Executive Order 11246. Quick Hits The U.S. House of Representatives is considering H.R. 989, legislation that would codify the provisions of recently revoked Executive Order 11246. H.R. 989 has been referred to the House Committee on Education and the Workforce. Representatives Shontel Brown (D-OH) and Jamie Raskin (D-MD) introduced  H.R. 989 , “To codify Executive Order 11246 titled ‘Equal Employment Opportunity,’” which, as of February 18, 2025, had forty-seven cosponsors (all Democrats) representing twenty-five states and the District of Columbia. After being introduced in the House, the bill was immediately referred to the House Committee on Education and the Workforce. H.R. 989 appears to be a direct response to  Executive Order 14173  (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), which on January 21, 2025, revoked E...

Takeaways Recent advances in autonomous AI agents could signal a breakthrough in how AI can eventually recognize and learn from mistakes. Some of our greatest innovators have recognized that making mistakes (and learning from them) is the key to innovation and invention. If AI agents can learn from mistakes and gain experience, they may be able to formulate and answer new questions. Article No one intentionally sets out to make a mistake. Y et, it has long been recognized by some of our greatest innovators from Thomas Edison to Albert Einstein to Henry Ford that making mistakes (and learning from them) is the key to innovation and invention. Some of history’s most important discoveries started with mistakes: penicillin, radioactivity and X-ray technology, just to name a few. What we call a mistake may just be shorthand for our improvisational interaction with an unpredictable world. Or, as Oscar Wilde observed, “experience is simply the name we give our mistakes. ”  Recent advance...

In a first-of-its-kind decision, the Washington Supreme Court took aim at the ability of employers to prevent low wage employees in the state from “moonlighting” or otherwise supplementing their income during their employment, even when doing so would constitute competition. Duty of loyalty and anti-moonlighting provisions will be heavily scrutinized by Washington courts going forward, and employers may need to take swift action to ensure that company policies and employment agreements applicable to low wage employees are enforceable and do not expose the employer to liability. We’ll explain everything you need to know and provide four steps you can take now to help you comply.   Quick Background: Washington State Law on Non-Competes, Moonlighting, and More Washington has severely restricted non-competition agreements  since 2020 when a new state law took effect . This law includes rules on anti-moonlighting policies and provisions: No Moonlighting Restrictions for Low Wage W...

  Details February 18, 2025 While recent executive orders have attempted to dismantle DEI initiatives under the guise of illegality, it is crucial for employers today to understand how to maintain inclusivity across their workforce and support all employees as individuals.  Spotify Apple YouTube Transcript INTRO While recent executive orders have attempted to dismantle DEI initiatives under the guise of illegality, it is crucial for employers today to understand how to maintain inclusivity across their workforce and support all employees as individuals. On this episode of We get work®, we discuss inclusion and equal opportunity: what is legally required as well as what is legally permitted under the new administration and why both matter today more than ever.   Our hosts today are Monica Khetarpal, co-leader of the Education & Collegiate Sports Group, and Michael Thomas, co-leader of the Corporate Diversity Counseling Group, and principals, respectively, in Jackson Le...

  Sixteen Democratic state attorneys general just issued joint guidance reaffirming their position that workplace diversity, equity, inclusion (DEI) initiatives remain legal – and important to the modern workplace . The February 13 guidance, signed by AGs from traditionally “blue” states such as Massachusetts, Illinois, California, and New York, directly responds to the Trump administration’s recent executive orders and other actions taking aim at corporate DEI programs. The AGs’ message is clear: Well-structured DEI programs remain lawful and play a crucial role in fostering fair, compliant, and productive workplaces. This article breaks down the guidance, its implications for employers, and recommended next steps. What the AGs Letter Says The letter, issued by Andrea Joy Campbell (Mass.) and Kwame Raoul (Ill.), serves as both a legal clarification and a practical guide for employers.  You can read the guidance here , but key points include: DEI Programs Are Legal :   Th...

A Texas lawmaker recently introduced a potentially groundbreaking bill that could force Texas employers to comply with the nation’s most comprehensive state-level AI standards. Introduced by Rep. Giovanni Capriglione (R) on December 23, the Texas Responsible AI Governance Act (TRAIGA) takes a risk-based approach to AI regulation similar to European-style regulatory schemes, with significant implications for employers across industries. Here’s five things businesses need to know and what you might expect in the future – for Texas employers and for businesses across the country. 1. High-Risk AI Systems Targeted for Oversight T RAIGA (officially HB 1709,  which you can read here ) classifies AI systems by their potential impact on “consequential decisions,” such as employment, housing, healthcare, and education . According to the bill, “consequential decisions” are defined as those that materially affect an individual’s access to or conditions of these essential services, including hi...