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Articles by Jeffrey Kopp
Should HR Investigations Be Recorded? Privilege Risks in the Age of Teams and Zoom
Many human resources (HR) teams have grown accustomed to recording workplace interviews, whether through Teams, Zoom, or other tools that automatically capture audio and generate transcripts. While recording can feel efficient and even protective, it could create legal risk if the investigation later becomes the subject of litigation.
Coming Soon To Procurement Contracts – A Contract Clause Prohibiting Certain DEI Activities
FL Foley & Lardner More Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges.
The ADA Accommodation Gap: Why Employers Struggle And How A Better Process Can Help
FL Foley & Lardner More Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges.
The ADA Accommodation Gap: Why Employers Struggle and How a Better Process Can Help | JD Supra
As 2025 drew to a close, we continued to see employers lose jury trials and face million-dollar verdicts because they ignored the basics of the interactive process requirements under the American with Disabilities Act (ADA). Most often, the fact patterns involve an employee who is underperforming or struggling in performing their job or who refuses or is unable to perform certain job functions.
The ADA Accommodation Gap- Why Employers Struggle and How a Better Process Can Help
As 2025 drew to a close, we continued to see employers lose jury trials and face million-dollar verdicts because they ignored the basics of the interactive process requirements under the American with Disabilities Act (ADA). Most often, the fact patterns involve an employee who is underperforming or struggling in performing their job or who refuses or is unable to perform certain job functions.
Attorney General Memo To Federal Agencies Provides Further Insight Into "Illegal" DEI Programs
On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies entitled, "Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination." The memorandum restates the administration's focus on curtailing those programs that favor individuals because of a protected category, such as race or sex, and provides "Best Practices" as non-binding suggestions to help entities comply with federal antidiscrimination laws.
Attorney General Memo to Federal Agencies Provides Further Insight Into “Illegal” DEI Programs | JD Supra
On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies entitled, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum restates the administration’s focus on curtailing those programs that favor individuals because of a protected category, such as race or sex, and provides “Best Practices” as non-binding suggestions to help entities comply with federal antidiscrimination laws.
Commodity Futures Trading Commission Drops SEF Order Book Rule fo
In a marked departure from its position since 2013, the Commodity Futures Trading Commission (CFTC) issued No-Action Letter 25-24 on July 30, 2025 (Letter 25-24), stating that it will not recommend enforcement action against a swap execution facility (SEF) that does not offer a central limit order book, as required under CFTC Regulation 37.3(a)(2), with respect to swap transactions that are not subject to the trade execution requirement under Section 2(h)(8) of the Commodity Exchange Act (CEA).
Attorney General Memo to Federal Agencies Provides Further Insight Into “Illegal” DEI Programs
On July 29, 2025, Attorney General Pam Bondi issued a memorandum to all federal agencies entitled, “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum restates the administration’s focus on curtailing those programs that favor individuals because of a protected category, such as race or sex, and provides “Best Practices” as non-binding suggestions to help entities comply with federal antidiscrimination laws.
Be Aware Of Liability For Prevailing Wage Requirements, Which Can Be Significant!
A recent case filed in the United States District Court for the Eastern District of Pennsylvania, Lipinski and Taboola v. North-East Deck & Steel Supply, Civ Action No. 5:25-cv-1467, should remind all contractors and sub-contractors working on public works projects funded by federal or state funds of the potential for significant liability for failing to pay required prevailing wages and improperly handling wage and hour issues.
Be Aware of Liability for Prevailing Wage Requirements, Which Can be Significant! | JD Supra
A recent case filed in the United States District Court for the Eastern District of Pennsylvania, Lipinski and Taboola v. North-East Deck & Steel Supply, Civ Action No. 5:25-cv-1467, should remind all contractors and sub-contractors working on public works projects funded by federal or state funds of the potential for significant liability for failing to pay required prevailing wages and improperly handling wage and hour issues.
Be Aware of Liability for Prevailing Wage Requirements, Which Can be Significant!
A recent case filed in the United States District Court for the Eastern District of Pennsylvania, Lipinski and Taboola v. North-East Deck & Steel Supply, Civ Action No. 5:25-cv-1467, should remind all contractors and sub-contractors working on public works projects funded by federal or state funds of the potential for significant liability for failing to pay required prevailing wages and improperly handling wage and hour issues.
Equal Employment Opportunity Commission Proposes EEO-1 Reporting
On April 15, 2025, the Equal Employment Opportunity Commission (EEOC) sought approval of its 2024 EEO-1 Component 1 data collection. The EEOC’s new proposed 2024 EEO Component 1 Instruction Booklet (the “Booklet”) changes some reporting obligations for employers. If approved, employers will have from May 20, 2025, to June 24, 2025, to file their reports. Private employers with at least 100 employees must file the EEO-1 report annually.
DEI Injunction Terminated By Federal Court Of Appeals Reinstating DEI Certification Requirement And Civil False Claims Act Risk
As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors to engage in affirmative action with respect to women and minorities.
Trump Executive Order Affects Federal Contractor Minimum Wage
On March 14, 2025, the president issued a new executive order (EO) entitled, "Additional Rescissions of Harmful Executive Orders and Actions." This new executive order revokes EO 14026, issued by President Biden, which raised the minimum wage to $17.75 (effective January 1, 2025) for government contracts entered into after January 30, 2022 (including all renewals, extensions, and options).
Trump Executive Order Affects Federal Contractor Minimum Wage | JD Supra
On March 14, 2025, the president issued a new executive order (EO) entitled, “Additional Rescissions of Harmful Executive Orders and Actions.” This new executive order revokes EO 14026, issued by President Biden, which raised the minimum wage to $17.75 (effective January 1, 2025) for government contracts entered into after January 30, 2022 (including all renewals, extensions, and options).
Trump Executive Order Affects Federal Contractor Minimum Wage
On March 14, 2025, the President issued a new executive order (EO) entitled, “Additional Rescissions of Harmful Executive Orders and Actions.” This new executive order revokes EO 14026, issued by President Biden, which raised the minimum wage to $17.75 (effective January 1, 2025) for government contracts entered into after January 30, 2022 (including all renewals, extensions, and options).
DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk | JD Supra
As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors to engage in affirmative action with respect to women and minorities.
President Trump Ends Affirmative Action Requirements For Federal Contractors
FL Foley & Lardner More Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges.
Government Contractors Should Act Now To Protect EEO-1 Reports From Public Disclosure
You may recall that, beginning in 2019, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) began receiving requests under the Freedom of Information Act (FOIA) for all EEO-1 reports submitted by all federal contractors from 2016 through 2020. Those requests covered roughly 75,000 reports from 24,355 federal contractors.
Government Contractors Should Act Now to Protect EEO-1 Reports From Public Disclosure | JD Supra
You may recall that, beginning in 2019, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began receiving requests under the Freedom of Information Act (FOIA) for all EEO-1 reports submitted by all federal contractors from 2016 through 2020. Those requests covered roughly 75,000 reports from 24,355 federal contractors.
Government Contractors Should Act Now to Protect EEO-1 Reports From Public Disclosure
You may recall that, beginning in 2019, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began receiving requests under the Freedom of Information Act (FOIA) for all EEO-1 reports submitted by all federal contractors from 2016 through 2020. Those requests covered roughly 75,000 reports from 24,355 federal contractors.
Government Contractors Take Notice: Increase In Health & Welfare Fringe Benefit Rates Under The Service Contract Labor Standards
On July 16, 2024, the U.S. Department of Labor announced updated wage determinations, which reflect increased health and welfare fringe benefit rates under the Service Contract Labor Standards.
Government Contractors Take Notice: Increase in Health & Welfare Fringe Benefit Rates Under the Service Contract Labor Standards
On July 16, 2024, the U.S. Department of Labor announced updated wage determinations, which reflect increased health and welfare fringe benefit rates under the Service Contract Labor Standards.
EEOC's New Harassment Enforcement Guidelines: A Good Primer For Addressing Workplace Harassment And Retaliation
FL Foley & Lardner More Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges.
EEOC’s New Harassment Enforcement Guidelines: A Good Primer for Addressing Workplace Harassment and Retaliation
Skip to main content May 06, 2024 Volume XIV, Number 127 Legal Analysis. Expertly Written. Quickly Found. Trending News EEOC’s New Harassment Enforcement Guidelines: A Good Primer for Addressing Workplace Harassment and Retaliation Print Mail Download i On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited workplace harassment and enforcement guidelines to help employers understand what type of conduct the agency considered to be unlawful harassment.
Workplace Violence — Tips for Minimizing Liability Risks | JD Supra
The specter of workplace violence is certainly one of the top concerns that keep employers awake at night. Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at work, ranging from threats and verbal abuse to physical assaults and even homicide. Violence is the third-leading cause of fatal occupational injuries in the U.S. In 2019, 761 of such fatalities were cases of intentional injury by another person.
Workplace Violence - Tips For Minimizing Liability Risks - Discrimination, Disability & Sexual Harassment - United States
The specter of workplace violence is certainly one of the top concerns that keep employers awake at night. Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at work, ranging from threats and verbal abuse to physical assaults and even homicide. Violence is the third-leading cause of fatal occupational injuries in the U.S. In 2019, 761 of such fatalities were cases of intentional injury by another person.
Minimizing Workplace Violence Liability Risks
Skip to main content October 09, 2023 Volume XIII, Number 282 Legal Analysis. Expertly Written. Quickly Found. Trending News Workplace Violence — Tips for Minimizing Liability Risks Print Mail Download i The specter of workplace violence is certainly one of the top concerns that keep employers awake at night.
Foley Automotive Forum Brings Together Industry Leaders At North American International Auto Show
As the City of Detroit welcomed the North American International Auto Show last week, Foley & Lardner LLP hosted industry leaders at its annual Automotive Forum for a discussion of the critical areas spanning business and legal issues facing the automotive industry – including alternative powertrain technology, planning for the EV transition, potential impact of labor issues, and more.
Government Contractor Certification Requirement Deadline — June 29, 2023 - Government Contracts, Procurement & PPP - United States
Attention Government Contractors! This is another friendly reminder that Friday, is the deadline for you to use the OFCCP Contractor Portal platform to certify whether your company is meeting their requirements to develop and maintain annual Affirmative Action Plans. Registration instructions and the portal can be found here.
Government Contractor Certification Requirement Deadline — June 29, 2023
Attention Government Contractors! This is another friendly reminder that Friday, June 29, 2023, is the deadline for you to use the OFCCP Contractor Portal platform to certify whether your company is meeting their requirements to develop and maintain annual Affirmative Action Plans. Registration instructions and the portal can be found here.
FMLA Developments Regarding Telework and Retaliation Claims You Should Know About
Tuesday, February 28, 2023 As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave Act (FMLA).
FMLA Developments Regarding Telework and Retaliation Claims You Should Know About | JD Supra
As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave Act (FMLA).
Government Contractors: Immediate Attention Required! | JD Supra
As you may have heard, in a published notice issued on August 19, 2022, the Department of Labor’s Office of Federal Contractor Compliance (OFCCP) informed contractors that it had received a Freedom of Information Act request for all contractor EEO-1 Reports that the OFCCP had received between 2016 and 2020. Because OFCCP will be obligated to produce the EEO-1 reports in response, OFCCP has given contractors until September 19, 2022, to object to the disclosure.
Government Contractors Must Object To OFCCP EEO-1 Reports Release
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Perfect Attendance Awards: How to Navigate Them Perfectly
What is one of the key ways to promote good attendance? For many employers, it is by implementing a perfect attendance award bonus for employees who work for a month or a quarter without missing any scheduled work days. However, while perfect attendance bonuses may seem like the perfect answer for promoting good attendance, various employment law protections make the implementation of these awards risky and can create potential liability for employers.
Manufacturing Employers Face Significant Labor Challenges in 2022
As employee retention issues and the “great resignation” make headlines, the manufacturing industry not only feels the pressure of a tight labor market in 2022, but also faces additional labor challenges. Despite signs earlier in the year that the COVID pandemic was waning, it continues to impact employers’ ability to remain fully staffed.
Key Employment Issues Facing Employers In The Automotive Industry In 2022
To print this article, all you need is to be registered or login on Mondaq.com. 2022 is off to an interesting start on the labor and employment front in the automotive industry. As the COVID pandemic continues, employers continue to face a changing and complex landscape with respect to challenges related to continued remote work, labor shortages, and COVID protocol related accommodation requests.
COVID Labor Shortages: Here Comes The Cavalry!
United States: COVID Labor Shortages: Here Comes The Cavalry! 20 January 2022 Foley & Lardner Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Like most businesses, you probably are in dire need of qualified, motivated employees. One often overlooked source is transitioning service members and veterans.
COVID Labor Shortages: Here Comes the Cavalry! | JD Supra
Like most businesses, you probably are in dire need of qualified, motivated employees. One often overlooked source is transitioning service members and veterans. These men and women are truly special because they understand commitment, teamwork, and dedication, they come from all walks of life, and they are a diverse workforce pool, including with respect to race, sexual orientation, and sex to name just a few categories.
COVID Labor Shortages: Here Comes the Cavalry!
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Happy Holidays!! New Compliance Deadlines Under The OSHA ETS To Employers With 100 Or More Employees
United States: Happy Holidays!! New Compliance Deadlines Under The OSHA ETS To Employers With 100 Or More Employees 22 December 2021 by Daniel A. Kaplan , Carrie Hoffman , Jeffrey Kopp , Larry Perlman and John Lord, Jr. Foley & Lardner Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Developments immediately before the holiday break have many employers scrambling as the OSHA ETS has seemingly come back to life.
Happy Holidays!! New Compliance Deadlines under the OSHA ETS to Employers with 100 or More Employees | JD Supra
Developments immediately before the holiday break have many employers scrambling as the OSHA ETS has seemingly come back to life. The Sixth Circuit, in a 2-1 decision by a 3-member panel, dissolved the temporary stay previously issued by the Fifth Circuit Court of Appeals halting enforcement of the OSHA ETS.
OSHA's Emergency Temporary Standard: A Step-by-Step Guide
United States: OSHA's Emergency Temporary Standard: A Step-by-Step Guide 16 November 2021 by Jeffrey S. Kopp and Brooke C. Bahlinger Foley & Lardner Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. As we initially reported on November 4, 2021, OSHA has released its long-awaited Emergency Temporary Standard (ETS) covering private employers with 100 or more employees.
OSHA’s Emergency Temporary Standard: A Step-by-Step Guide | JD Supra
As we initially reported on November 4, 2021, OSHA has released its long-awaited Emergency Temporary Standard (ETS) covering private employers with 100 or more employees. While we have seen court challenges and indeed the U.S. Court of Appeals for the Fifth Circuit (covering Texas, Louisiana and Mississippi) has temporarily enjoined the ETS, employers should not rely on that as a ticket to do nothing.
Lawsuits Portend Uncertain Future for New OSHA Vaccination Rule
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OSHA Emergency Temporary Standard: It's Out!
United States: OSHA Emergency Temporary Standard: It's Out! 09 November 2021 by Jeffrey S. Kopp and Brooke C. Bahlinger Foley & Lardner Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) released the Emergency Temporary Standard (ETS) that concerns vaccine mandates and large private employers early Thursday, November 4th.
OSHA’s Emergency Temporary Standard: A Step-by-Step Guide
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OSHA Emergency Temporary Standard: It’s Out! | JD Supra
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) released the Emergency Temporary Standard (ETS) that concerns vaccine mandates and large private employers early Thursday, November 4th. Covered employers must comply with the ETS by December 5, 2021. The ETS allows covered employees to complete their respective vaccination regimen by January 4, 2022 (and therefore the testing requirements will not be required until then).
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