Labor Days

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

Did the Supreme Court Put All DEI Programs at Risk?

It has been less than a month since the Supreme Court’s June 29 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), and the decision is already creating controversy.…

End of COVID-19 National and Public Health Emergencies

President Biden announced in January that the COVID-19 National Emergency (“NE”) and Public Health Emergency (“PHE”) would both end on May 11, 2023. Accordingly, the Departments of Labor, Health and Human Services, and…

U.S. Supreme Court Enacts More Stringent Religious Accommodations Standard for Employers

On June 29, 2023, amid a flurry of other newsworthy opinions, the Supreme Court issued a unanimous ruling in Groff v. DeJoy, modifying the legal standard which courts now must use to determine when an employer has to…

Not So Fast: New York State’s Potential Non-Compete Ban Stalls Out (For Now)

If your business deals with any kind of sensitive proprietary information or sensitive client or customer relationships (read, many of you), you probably use various forms of restrictive covenants—noncompetition,…

EEOC Guidance Tackles AI and Other Advanced Technologies in Employment Decision Making

Artificial intelligence (AI) promises new efficiencies in making employment decisions: instead of human eyes having to review stacks of resumes, an algorithm-based selection process aids in making a “rough cut” based…