Compliance Stuff

The Diversity, Equity, and Inclusion (DEI) legal landscape continues to shift and present new risks as DEI continues to be a focus for the federal government and ideologically aligned state Attorneys General. Most recently, late-March 2026 produced three fast-moving developments that signal continued—and in some areas intensified—scrutiny of DEI-adjacent initiatives for employers, federal contractors, and higher education institutions.  Specifically, the White House issued a new executive order aimed at federal contracts, the Department of Justice is now investigating the admissions practices of several medical schools, the Florida Attorney General has taken aim at a long-standing DEI-related rule used by the National Football League, and the EEOC is warning employers to that DEI policies may create race and sex-based discrimination in employment. Employers and other entities should be aware that these actions make clear that there is sustained interest in targeting DEI practices. ...

The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the  changes  will make it easier for employers to defend lawsuits. Burden of Proof The Iowa drug testing law previously required employers to prove that the requirements of the drug testing law were met in the event an employee alleged a violation . The amendments state that an aggrieved employee or applicant “has the burden of establishing by a preponderance of the evidence that a violation … directly caused any damages for which affirmative relief is sought.” The amendments provide that “[a]n employer” who violates the law or aids in the violation is liable to an aggrieved employee or prospective employee. Previously, the law permitted claims against “[a] person” who violated the law or aided in the violation. The amendments also qualify that attorney’s fees awarded to an ...

On January 16, 2025, in the last days of the Biden Administration, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued updated “Antitrust Guidelines for Business Activities Affecting Workers.” Over the next few minutes, we’ll explore what the Guidelines mean for employers who are recruiting, hiring, and seeking to retain their workers. As a threshold matter, it is important to recognize that these Guidelines were issued by the Biden administration just days before the transition to the new Trump administration, presumably in an attempt to continue to control policy from beyond the political grave . The new FTC Chair, Andrew Ferguson, has offered mixed comments relevant to the enforcement of Biden-era policies. While it appears the new administration is going to be pro-business , Chairman Ferguson has also stated that protecting workers from antitrust violations will be a priority for his team. The Guidelines seek to address activities such as the sharing o...