Insights

Washington – June 7, 2024: Crowell & Moring is proud to announce that Sadina Montani was elected president-elect of the D.C. Bar for the 2024-2025 term.

Washington, D.C. – October 12, 2022: Sadina Montani recently participated as a speaker at Coqual’s annual summit entitled “Equity in a Changing World,” held in New York City on September 28. The summit drew the organization’s 100-plus member Task Force, C-suite speakers, and global thought leaders for dynamic and thought-provoking presentations and courageous conversations in person and virtually.

As of July 1, Utah’s “Equal Opportunity Initiatives” law is in effect.  This law prohibits “discriminatory practices” at higher education institutions, public education systems, and government employers within Utah.  In response to the law, colleges and universities like the University of Utah, Southern Utah University, Utah State University, and Weber State University have reportedly already closed DEI offices and cultural centers.

On August 1, 2024, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, one of the final Title IX regulations of the U.S. Department of Education released on April 19, 2024, will go into effect. The new regulations address the previous administration’s rollback of Title IX protections, and include, among other things, an expanded definition of sex discrimination that provides new protections for LGBTQ+ individuals against discrimination on the basis of sexual orientation and gender identity. For example, the new rules prohibit schools that receive federal funding from barring transgender students’ use of pronouns that correspond to their gender identities, or denying transgender students access to facilities, like locker rooms and restrooms, that match their gender identities. Other notable changes in the new regulations include the following: (1) protection from all sex-based harassment and discrimination, including that based on sex stereotypes, sexual orientation, gender identity, or pregnancy or related conditions; (2) broadening the definition of “hostile environment” harassment to include conduct that is so severe or pervasive that it limits or denies a person’s ability to participate in the education program or activity; (3) increased accountability by requiring schools to take prompt and effective action to end any sex discrimination in their education programs or activities, prevent reoccurrence, and remedy its effects; and (4) protection against retaliation for students, employees, and others who exercise their Title IX rights.

On April 26, 2024, the Department of Labor (“DOL”) published the Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees Rule (“Final Rule”), which will increase the minimum salary thresholds for bona fide executive, administrative, and professional exemptions under the FLSA.  Effective July 1, 2024, the annual salary thresholds for these “white collar” exemptions will increase to $43,888 (from $35,568) and increase again on January 1, 2025 to $58,656 and the threshold for highly-compensated employees will also increase from $107,432 to $132,964.  Effective July 1, 2025, the methodology will change and these thresholds will increase again (to $58,656 and $151,164, respectively).

Even as a return to in-person work has become more commonplace, remote work and geographically dispersed teams scattered across multiple states continue to pose legal, HR, and administrative hurdles for many businesses. Among other requirements, businesses must ensure compliance with employment laws, which are often highly detailed, vary widely from state to state (including regarding what nexus gives rise to compliance requirements), and prone to frequent changes.