Compliance Stuff

It takes time and effort to find great talent, determine whether their skills match the needs of the organization, compete with other organizations for their skills, and successfully onboard them so they can be productive members of the team. And sometimes we make it even harder on ourselves. We’ve done that at times in the federal government – out of good intentions to ensure a thorough, fair, and consistent hiring process, but nonetheless the process is hard and time-intensive. Today, OPM is announcing USA Class, a new AI-powered tool that automates the creation of position descriptions, one of the most stubborn bottlenecks standing between agencies and the talent they desperately need. But USA Class is bigger than a single product — it’s the opening move in OPM’s broader push to bring federal HR information technology into the modern era of artificial intelligence. We’re just getting started. First, a few words on the federal hiring process today. Before hiring managers can start t...

Artificial intelligence has become increasingly embedded in hiring, promotion, and employee management, which means that employers face heightened legal risks. From automated résumé screening to video interview tools and performance analytics, AI tools can amplify bias, create disparate impact, and expose organizations to regulatory scrutiny. Below are 10 practical steps you should consider to mitigate bias and manage risk throughout the AI employment lifecycle. 1. Validate Before You Deploy Before rolling out any AI tool, conduct rigorous pre-deployment testing.  This includes bias and disparate-impact audits across protected groups (race, sex, age, disability) and job categories . Require vendors to provide documentation of their own testing, accuracy data, and bias audit results. Don’t assume a high statistical correlation between a model’s features and job performance means the tool is job-relevant. Always ask if the features logically relate to actual job duties. 2. Monitor Ou...

Wage and hour violations are rarely intentional. They typically stem from common missteps such as outdated job descriptions, payroll errors, miscommunication, or genuine confusion about complex federal and state laws and regulations. So, as too many employers know, a wage and hour lawsuit or Department of Labor (DOL) investigation can hit a business out of the blue, often without prior notice. Such actions can cripple even a well-run organization due to stringent laws that impose heavy penalties and encourage collective and other actions with their provisions for recovery of extensive damages, including back wages, liquidated damages, and attorneys' fees. While many employers understand that a proactive wage and hour audit is the most effective way to reduce exposure to such an action, the prospect of conducting one may seem daunting, even to the most sophisticated HR professional. The good news is that an audit becomes more manageable when approached with clear objectives and disc...

This is not the macabre tale of MacBeth. It is the new legal reality. The EEOC’s sweeping subpoena to Nike signals a dramatic change in EEOC enforcement posture toward Diversity, Equity & Inclusion programs previously regarded as permissible, a shift that demands careful navigation by employers. On February 4, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a motion in the U.S. District Court for the Eastern District of Missouri to enforce the administrative subpoena issued in its investigation of Nike, Inc. (“Nike”), for alleged discrimination against white employees and applicants related to Nike’s Diversity and Inclusion (D&I) practices. The administrative subpoena arises out of Commissioner Andrea Lucas’ Charge (“Charge”) against Nike on May 24, 2024, alleging a pattern and practice of intentional discrimination, and alternatively, discrimination based on disparate impact theory. Among the documents attached as exhibits to the EEOC’s Motion to Enforce...

The year 2026 is shaping up to be a critical year for employers. With new regulations, emerging technologies, and shifting cultural expectations, staying up to date with evolving legal issues is more important than ever. Below are six critical issues every employer should have on their radar this year and practical steps to prepare. 1. Diversity, Equity, and Inclusion (DEI) & Equal Employment Opportunity The Equal Employment Opportunity Commission (EEOC) will begin 2026 with a quorum and is poised to look to modify or rescind its  Strategic Enforcement Plan  and  Strategic Plan . Less than a month ago, EEOC Chair Andrea Lucas encouraged white men, specifically, to file claims with the agency if they believe they have been discriminated against due to their race or sex. Employers should expect an increase in litigation filed by this group and others in the traditional majority alleging hostile work environment and failure to accommodate on the basis of religion. The EE...