The U.S. Department of Justice (DOJ)’s recent $25 million False Claims Act (FCA) settlement with Accenture provides a clear example of how diversity, equity and inclusion (DEI) goals can create legal exposure when they lead employers to consider protected characteristics in hiring, promotion or access to professional development opportunities.
Continue Reading DOJ’s $25 Million Accenture FCA Settlement Highlights DEI Compliance Risks for Federal ContractorsNLRB Advice Memo Clears Employer in Political Protest Firings and Signals Future Action
The National Labor Relations Board (NLRB or Board) has cleared an employer of unfair labor practice charges over its firing of two employees who organized a political protest at the company’s headquarters. In a recently released advice memo, an attorney in the NLRB’s Division of Advice found no violation of the National Labor Relations Act (NLRA) and directed the agency’s regional office not to prosecute.
Continue Reading NLRB Advice Memo Clears Employer in Political Protest Firings and Signals Future ActionSecond Circuit Rejects NLRB’s Tesla Dress Code Test: What the Starbucks Reserve Roastery Ruling Means for Employer Uniform Policies Under the NLRA
The U.S. Court of Appeals for the Second Circuit recently issued a decision that could make it meaningfully easier for employers to defend workplace dress code and uniform policies against unfair labor practice challenges under the National Labor Relations Act (NLRA). The court rejected the National Labor Relations Board (NLRB or Board)’s current framework for evaluating employer policies that restrict employees’ ability to display union insignia, buttons, or messaging at work, and remanded the case for the Board to apply a different standard.
Continue Reading Second Circuit Rejects NLRB’s Tesla Dress Code Test: What the Starbucks Reserve Roastery Ruling Means for Employer Uniform Policies Under the NLRAHow the State Department’s Immigrant Visa Appointment Pause Affects Employers and HR Teams
I recently authored an article for HR.com discussing the U.S. Department of State’s indefinite pause on immigrant visa appointments and what it means for employers and HR teams. The pause affects individuals pursuing U.S. permanent residence through consular processing abroad, while temporary nonimmigrant visas and adjustment of status applications handled by USCIS within the United States remain unaffected.
Continue Reading How the State Department’s Immigrant Visa Appointment Pause Affects Employers and HR TeamsFalse Claims Act Enforcement and Employment Practices: What Federal Contractors Need to Know
In my recent interview with Federal News Network, I discussed the Department of Justice’s increasing use of the False Claims Act (FCA) to pursue allegations related to employment practices at federal contractors and what recent enforcement activity means for organizations that receive federal contract and grant funding. We explored recent settlements involving major government contractors and the broader implications for compliance and risk management.
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Starbucks Settlement Adds to Growing Scrutiny of Corporate DEI Programs
On September 17, Florida Attorney General James Uthmeier announced that Starbucks agreed to pay $1 million and undertake several commitments to resolve a lawsuit alleging that Starbucks engaged in employment practices that violated the Florida Civil Rights Act through race- and sex-based goals, quotas, and preferences. The settlement comes amid increased federal enforcement involving similar practices, including recent FCA settlements involving federal contractors Accenture, Deloitte, and IBM.
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Manufacturing & Industrial: Outlook & Trends
Manufacturing and industrial companies have spent 2026 navigating strong growth opportunities alongside a more complex legal and business landscape. Strategic M&A has remained active across infrastructure, automation, energy, defense, and specialized industrial services, while tariff exposure, financing conditions, labor issues, cybersecurity, supply chain requirements, and export controls have continued to shape deal strategy and operational planning.
Continue Reading Manufacturing & Industrial: Outlook & TrendsDOJ Continues DEI False Claims Act Enforcement with $25 Million Accenture Settlement
On September 14, the U.S. Department of Justice (DOJ) announced that Accenture Federal Services (AFS), Accenture plc, and Accenture LLP (collectively, Accenture or AFS) agreed to pay $25 million to resolve allegations that AFS violated the False Claims Act (FCA) by falsely certifying compliance with anti-discrimination requirements in its federal contracts while engaging in employment practices that allegedly discriminated based on race or sex. Of the $25 million settlement, approximately $11.6 million constitutes restitution, and Accenture denies that it engaged in the alleged conduct.
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Tobacco Surcharge Claims Up in Smoke? DOL, HHS, and Treasury Issue FAQ 74: Addressing Questions Raised by Tobacco Surcharge Lawsuits
On August 26, the U.S. Departments of Labor, Health and Human Services, and the Treasury (the Tri-Agencies) jointly issued FAQ Part 74, new guidance addressing HIPAA wellness program rules under the Affordable Care Act (ACA). The guidance responds directly to questions raised by the wave of class action lawsuits challenging tobacco surcharges that some employers impose through workplace wellness programs and clearly states that employers are not required to offer retroactive rewards or removal of penalties where participants complete a reasonable alternative standard in the middle of a plan year under a properly designed wellness program.
Continue Reading Tobacco Surcharge Claims Up in Smoke? DOL, HHS, and Treasury Issue FAQ 74: Addressing Questions Raised by Tobacco Surcharge Lawsuits