Publications

Effective September 8, 2023, the new definition limits federal jurisdiction over water quality by removing the “significant nexus standard” and redefining what wetlands are “adjacent.” The U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) recently amended what constitutes “waters of the United States” (“WOTUS”). The Clean […]

At issue in Loper Bright Enterprises v. Raimondo is whether courts must continue to rely on agency interpretations when statutory text is ambiguous. This fall, the U.S. Supreme Court will hear oral arguments in a direct challenge to Chevron deference. An important rule of administrative law, Chevron sets a two-step […]

After several delays, the Equal Employment Opportunity Commission (“EEOC”) recently announced that the 2022 EEO-1 Component 1 Data Collection will open on October 31, 2023.  The deadline for submitting the EEO-1 is December 5, 2023.  As a quick refresher, the EEO-1 survey must be filed annually by private employers with […]

On August 30, 2023, the Department of Labor (“DOL) issued a proposed rule that would increase the salary threshold for employees to qualify for one of the “white collar” exemptions from the overtime requirements of the Fair Labor Standards Act (“FLSA”). Under the proposed rule, employees would not be eligible […]

As a quick reminder for employers, earlier this year, U.S. Immigration and Customs Enforcement (“ICE”) declined to further extend COVID Form I-9 flexibilities and gave employers until August 30, 2023 to complete a physical examination of identity and employment eligibility documents for those hired on or after March 20, 2020 […]