Labor Days

News and analysis from Kelley Drye’s labor and employment practice

Can DEI Training Create a Hostile Environment?

The Second Circuit’s recent reversal of summary judgment, reviving a claim by a Caucasian educator that mandatory DEI training created a hostile work environment at the New York City Department of Education, adds to…

California’s AB 288: A New Era of State Labor Enforcement and Legal Uncertainty

For a number of months, the National Labor Relations Board (“NLRB”) has been in flux, operating without a quorum, and thus, unable to hand down decisions. In the absence of an NLRB quorum, the California legislature…

Religion in the Workplace Under the Trump EEOC

On September 15, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) entered into a settlement with P. F. Chang’s following a former job applicant’s claim that he was not hired due to a religious…

New $100,000 H-1B Visa Fee Dramatically Alters Employment-Based Visa Landscape

On September 19, 2025, President Trump issued Proclamation " Restriction on Entry of Certain Nonimmigrant Workers " which significantly restricts the ability for employers to sponsor H-1B nonimmigrant employees by…

AG Bondi Issues DEI Memo to Support False Claims Act Enforcement

On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled “ Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination,” which follows up on President Trump’s Executive Order 14173…