Workplace Watch
Feb 21, 2025 - Alerts by Hinkle Law Firm
Title and PDF Link | Date | Summary |
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| Revocation of EO 11246 and Impact on Federal Contractors and Subcontractors | 02/17/2025 | On January 21, 2025, an executive order revoking Executive Order 11246, which previously required federal contractors and subcontractors to implement affirmative action programs for race and sex. As a result, these entities are no longer obligated to maintain affirmative action plans, track demographic data, or ensure subcontractor compliance, though requirements for disability and veteran status remain unchanged. The Office of Federal Contract Compliance Programs (OFCCP) will provide further guidance on how these changes will be enforced. Federal contractors and subcontractors may continue to comply voluntarily until April 20, 2025, but after that date, those with fewer than 100 employees will no longer need to file EEO-1 reports. Contractors will also need to update workplace postings when a new “Know Your Rights” poster is issued. Some states, such as California, New York, and Illinois, may implement their own affirmative action and reporting requirements. Contractors should assess their current compliance obligations and prepare for changes while staying informed about state-level requirements and pending OFCCP guidance. | |
| EO14168; Defending Women From Gender Ideology Extremism & Restoring Biological Truth to the federal Government | 03/03/2025 | On January 20, 2025, President Trump issued Executive Order 14168, directing federal agencies to recognize men and women as biologically distinct sexes. The order rescinds previous executive orders that expanded protections based on gender identity, prompting the EEOC to revise its enforcement approach. As part of this shift, gender ideology materials are being removed from EEOC resources, and the “X” gender marker and “Mx” prefix have been eliminated from discrimination charge forms. Despite these changes, employers should be aware that Title VII of the Civil Rights Act, as interpreted in Bostock v. Clayton County, still prohibits discrimination based on gender identity and sexual orientation, and legal challenges to this order are expected. Additionally, many state and local laws continue to offer protections, requiring employers to carefully assess compliance at all levels. | |
| Regulatory Rollback: How the NLRB’s New Memo Impacts Employers | 03/12/2025 | On February 14, 2025, NLRB Acting General Counsel William B. Cowen issued GC Memo 25-05, rescinding multiple prior General Counsel memoranda, including those on non-compete agreements, stay-or-pay provisions, and severance agreements. Citing an unsustainable case backlog, this move marks a shift away from the aggressive pro-employee enforcement stance of the previous administration. The changes may offer employers more flexibility in areas like non-competes and severance agreements, though state laws and pending FTC actions remain factors. While this rollback may streamline case handling and create a more employer-friendly environment, unions and employees may push back through organizing efforts and legal challenges. Employers should review policies and consult legal counsel to navigate these evolving risks. | |
