What Should Employers Make of the EEOC’s Recent Moves on Affirmative Action?
Article by: Nicholas Hopkins, Associate On June 29, 2026, The Equal Employment Opportunity Commission ("EEOC") voted to rescind its 1979 interpretive guidance on employer affirmative action programs. The rescinded guidance, Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964, outlined ways employers could take narrowly tailored steps to address barriers...
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The “New” Joint Employer Rule: Don’t Be Held Responsible for a Partner’s Mistake
Article by: Nicholas Hopkins, Associate If your business relies on staffing agencies, subcontractors, or vendors, you may be a “joint employer” of workers you didn’t hire. In practical terms, joint employer status determines when your company becomes legally responsible for another company’s workforce. A new proposed rule from the Department of Labor clarifies that...
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Virginia Set to Expand Restrictions on Employee Non Competes
Article by Nicholas Hopkins, Associate Virginia is set to expand its limitation of employee non‑compete agreements (“non-competes”). SB 170 has passed both chambers of the General Assembly and is expected to be signed by Governor Abigail Spanberger. Once enacted, the law will render post‑employment non‑competes unenforceable if an employer terminates an employee without cause...
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EEOC Rescinds Harassment Guidance, Creating New Uncertainty and Risks for Employers
On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The decision revokes a comprehensive, 190‑page document that consolidated decades of case law and provided employers with detailed direction on identifying, preventing, and responding to unlawful harassment. The rescinded guidance...
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Are they independent contractors or employees? What’s the economic reality?
On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule on worker classification under the Fair Labor Standards Act (“FLSA”). Under the final rule, the DOL is modifying their Wage and Hour Division regulations to reflect its latest analysis/guidance for determining whether a worker should be classified as an employee...
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