On August 14, 2023, the U.S. Department of Education (ED) and the Department of Justice (DOJ) jointly issued guidance to help postsecondary schools comply with the Supreme Court’s ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina et al. (together, SFFA). The SFFA decision held that race-conscious admissions policies violate the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. While the departments’ guidance provides institutions with suggested approaches for supporting student body diversity, it also leaves open other important questions, including the funding and use of race-conscious scholarships and other financial assistance.
DOL Issues Final Rule Updating Davis-Bacon and Related Acts
For the first time in almost 40 years, the Department of Labor (DOL) announced the issuance of regulations designed to update and modernize the Davis-Bacon and Related Acts (DBRA), which require the payment of locally prevailing wages and fringe benefits on federal contracts for construction. The aptly-named final rule, Updating the Davis-Bacon and Related Acts Regulations (the Rule) will go into effect 60 days after its publication in the Federal Register.
Continue reading “DOL Issues Final Rule Updating Davis-Bacon and Related Acts”
UK Immigration: Updates to Fines for Illegal Working and Renting
The Home Office acknowledged employment and housing as the leading factors for people illegally crossing the English Channel. These changes are intended to disincentivize illegal migration, as well as the businesses and landlords that may try to exploit such activities.
Continue reading “UK Immigration: Updates to Fines for Illegal Working and Renting”
British Government Announces Changes to the EU Settlement Scheme
The British government recently announced changes to the EU Settlement Scheme, with particular reference to the method of extending leave (the right to reside in the United Kingdom) under this scheme. The change includes a provision that beginning in September 2023, people with Pre-Settled Status under the scheme will automatically have their status extended by two years before it expires if they have not obtained Settled Status.
Continue reading “British Government Announces Changes to the EU Settlement Scheme”
What Employers Need to Know About the New Form I-9 as of August 1, 2023: Big Changes on the Horizon
Changes are coming for employers – U.S. Citizenship and Immigration Services is set to publish a new Form I-9 on August 1, 2023. USCIS has also introduced new procedures that will allow certain employers to remotely verify employees’ identification and employment authorization documents.
Life After Students for Fair Admissions: Dissecting Challenges to Employers’ Diversity Programs
The American First Legal Foundation and other organizations like it, have taken the position that all diversity, equity and inclusion programs are illegal since the Students for Fair Admissions Inc. decision from the U.S. Supreme Court. The groups have already filed actions against several companies for polices that include goals for the placement of people of color and women in leadership and leadership pipeline positions to match community demographics by a certain year; employee training and apprenticeship programs focused on underrepresented groups; and quantitative representation metrics for leadership incorporated into annual incentive compensation awards for senior leadership.