On Wednesday, April 23rd, President Trump signed an Executive Order (EO) titled “Restoring Equality of Opportunity and Meritocracy,” which renounces disparate impact theories of discrimination, and signals a significant shift for the U.S. Equal Employment Opportunity Commission’s (EEOC) enforcement approach. In the EO, the White House directed all agencies to “deprioritize enforcement of all statutes and regulations to the extent they include disparate-impact liability.” The EO asserted the administration’s stance that disparate impact liability is unlawful, violates our Constitution, and “threatens the commitment to merit and equality of opportunity that forms the foundation of the American Dream.”

On March 19, 2025, the U.S. Department of Justice (DOJ) Office of Public Affairs issued a press release announcing two technical assistance documents jointly released by the U.S. Equal Employment Opportunity Commission (EEOC) and the DOJ. The stated purpose of the technical assistance is to encourage whistleblowers to file discrimination charges with the EEOC relating to unlawful diversity, equity, and inclusion (DEI) programs or practices or, in the case of state and local government employees, with the Department of Justice. It provides employees with instructions on how and where to file a claim of DEI related discrimination, along with descriptions of the types of DEI-related programs and activities that may constitute unlawful DEI under the current Administration’s policies. For employers, the technical guidance offers insight into the types of DEI activities that will be targeted by the Administration.

Missouri’s new minimum wage and paid sick leave law (“Proposition A”) currently is subject to two legal challenges; (1) a lawsuit questioning the constitutionality of the law, and (2) a house bill that, if passed by the Senate and governor, would alter the minimum wage component of the law and eliminate paid sick leave components of the law. The paid sick leave component of the law otherwise remains scheduled to go into effect on May 1, 2025, with relevant April 15, 2025, notice and posting compliance deadlines for employers. The fate of the paid sick leave component of Proposition A—and the law as a whole—remains uncertain. In the meantime, employers should plan as though the law will go into effect as scheduled.

In previous legal updates, our team analyzed the recent executive order entitled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which encourages, but does not mandate, that private employers end certain Diversity, Equity, and Inclusion (DEI) practices that the order considers “illegal.” Despite the executive branch’s shift in its approach to DEI, the underlying legal framework for private employers has not changed. The same is true for the recent executive order on gender identity entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” While this order introduces significant changes for federal agencies and federal contractors, private employers remain largely unaffected at this time.

On January 20, 2025, President Donald J. Trump named Commissioner Andrea R. Lucas as Acting Chair of the EEOC. Since joining the commission in 2020, Lucas has been a strong advocate for addressing the evolving landscape of employment and civil rights issues. As these changes continue to shape the workplace, it’s crucial for both…

U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana

On January 15, 2025, the U.S. Supreme Court issued a rare unanimous decision in EMD Sales Inc. v. Carrera, addressing the standard of proof employers must meet to establish that an employee is exempt from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). The Court held employers need only prove employees meet an FLSA exemption by a preponderance of the evidence (more likely true than not), rejecting the Fourth Circuit’s use of the higher “clear-and-convincing-evidence” standard. This ruling carries significant implications for employers in the context of employee classification and defending against unpaid overtime claims.

High winds and drought conditions have fueled severe wildfires, devastating communities around Los Angeles, California. The fires have destroyed thousands of homes and businesses, while firefighters are working tirelessly to gain control. On January 8, 2025, President Biden approved a “Major Disaster Declaration” for California.

Beginning January 1, 2025, as a result of the passage of AB 2299, the California Labor Commissioner has been tasked with creating model notices to aid employers in complying with the current mandate of Labor Code section 1102.8, which requires posting notices to employees of their rights and protections under whistleblower laws. The California Department…

Stay updated with our latest blog from March 31, 2025: Pending Legal Challenges to Missouri’s New Minimum Wage and Paid Sick Leave Law

Proposition A — Amendments to the Missouri Labor and Industrial Relations*

*Access a copy of the Proposition A full bill text here.
*Access a searchable PDF, that includes the language of Proposition A, here.

On November 5, 2024, Missouri voters approved an amendment to RSMo § 290.502, increasing the state minimum wage in 2025 and 2026. In addition, voters approved earned paid leave that employees can use for their own or their “family member’s” illness(es), preventative care, and/or to address victims’ needs resulting from domestic violence, stalking, and/or sexual assault (collectively referred to as “Paid Leave” below). Since its passage, after reading overviews of the Amendment, many of our clients still had questions about how best to implement the requirements considering their workforce and current leave policies. Most wondered if their current PTO policy would suffice as written. Below, members of Husch Blackwell’s Labor & Employment team have answered these questions.

In our ever-evolving world, fostering cultural sensitivity is paramount for creating inclusive and respectful work environments and minimizing legal risks. Language plays a crucial role in shaping our perceptions, and unfortunately, some words used in everyday conversation may perpetuate stereotypes and contribute to cultural insensitivity. This Native American Heritage Month, employers should consider abandoning the following words and phrases, and encourage their employees to do the same, in an effort to embrace more inclusive work environments, and mitigate the risk of discrimination claims brought by indigenous members of their workforce.