Constangy, Brooks, Smith & Prophete, LLP

The EEOC is seeking to rescind its decades-old guidance on voluntary affirmative action plans.

Constangy partner Cara Crotty explains what the proposed change could mean for employers and highlights several key considerations, including:

• why the rescission may have limited practical impact for many employers
• the circumstances under which voluntary affirmative action plans have historically been permitted
• the potential loss of an EEOC-endorsed affirmative defense
• what the proposal could mean for race- and sex-conscious decision-making
• steps employers should take to review existing voluntary affirmative action plans

While the proposal may not significantly alter most employers' current practices, it reflects the continued evolution of the federal government's approach to DEI-related initiatives.

Read the full analysis below.

https://www.constangy.com/eeo-compliance-dispatch/eeoc-wants-to-eliminate-safe-harbor-for-voluntary-affirmative-action-plans

What do the National Basketball Players Association’s latest agent regulation changes mean for agents, players, and the future of player representation?

In his recent article for Sports Litigation Alert, Constangy attorney Chris Deubert analyzes the September 2025 amendments to the NBPA’s agent regulations and the litigation that helped drive these changes. Key insights include:

• how litigation involving an NBA agent and player influenced the regulatory revisions
• why the NBPA strengthened restrictions on agent marketing activities and financial arrangements with players
• how the new rules are designed to enhance player protections and agent accountability
• what the amendments may mean for agents, players, and the broader sports representation industry
• how the revised regulations fit within the evolving legal and labor framework of professional sports

The article highlights the important role player unions play in protecting athlete interests while overseeing agent conduct.

Read more at the link below.
https://www.constangy.com/newsroom/pressroom/in-the-news-chris-deubert-authors-sports-litigation-alert-article-on-nbpa-agent-regulation-changes

Wishing a happy and meaningful Pride Month to all who celebrate! 🌈 This month and every month, we celebrate the diversity, authenticity, and strength that make our communities stronger.

Please join us in welcoming Matthew Dobbs to the Constangy team! Based in San Diego, Matthew represents employers in a broad range of labor and employment litigation matters, including wage and hour disputes, discrimination and harassment claims, and class and representative actions. His experience handling complex employment and business litigation across California courts brings valuable insight to helping clients manage workplace disputes and litigation strategy.

Learn more about Matthew’s background at the link below.

https://www.constangy.com/team/Matthew-Dobbs

Could a discussion about employee pay lead to an unfair labor practice claim? For non-union employers, the answer may be yes.

In her latest blog, Constangy Chief Legal Editor Robin E. Shea breaks down a recent court decision involving a software engineer whose termination was found to violate the National Labor Relations Act. Key insights include:

• why protected concerted activity extends beyond unionized workplaces
• how conversations about wages can receive legal protection
• what employers should know before disciplining employees who raise workplace concerns
• why high earners and white-collar employees may still be covered by the NLRA
• how HR and management can avoid common compliance pitfalls

The article serves as an important reminder that labor law risks can arise even in workplaces with no union presence.

Read more at the link below.
https://www.constangy.com/employment-labor-insider/protected-concerted-activity-non-union-employers-beware

We’re excited to welcome Alexandria Driessen to the Constangy Cyber Team! Based in Seattle, Allie focuses on cyber litigation and defends clients in class action matters arising from data privacy and security events. Her background in employment and civil litigation, combined with her practical, client-focused approach to risk assessment and dispute resolution, adds valuable experience to the firm’s cybersecurity and data privacy practice.

Learn more about Alexandria’s background at the link below.

https://www.constangy.com/team/Alexandria-Driessen

Even well-supported termination decisions can create significant litigation risk.

In a new blog, Constangy attorney Colin Thakkar and partner Gary Wheeler explain why employers should view severance agreements as a strategic risk management tool rather than simply a goodwill gesture. The article highlights several key considerations, including:

• when severance may help reduce litigation exposure
• how poorly handled terminations can increase risk
• why final pay and severance should remain separate
• factors employers should evaluate before making an offer
• how severance strategy can help control defense costs

The blog also explores how changing litigation trends are affecting termination decisions and separation practices.

Read the full analysis below.

https://www.constangy.com/employment-labor-insider/when-termination-becomes-a-litigation-risk-using-severance-strategically

USCIS is signaling a potentially more discretionary approach to adjustment of status applications.

In a new blog, Constangy partner Punam Rogers examines a recent USCIS policy memorandum and highlights several key considerations for employers and foreign nationals, including:

• heightened individualized review of adjustment applications
• scrutiny of prior immigration history and status violations
• continued eligibility for H-1B and L-1 employees
• the importance of building a strong adjustment application record
• potential impacts on future employment-based green card strategies

The guidance does not change existing adjustment-of-status law, but it may affect how employers and foreign nationals prepare and document future filings moving forward.

Read the full analysis below.

https://www.constangy.com/employment-labor-insider/uscis-emphasizes-discretionary-nature-of-adjustment-of-status

Disability accommodation requests require employers to balance consistency, communication, and compliance. In this practical overview, Constangy partner Frank Shuster highlights three key lessons from a recent Eighth Circuit decision addressing essential job functions and reasonable accommodations under the ADA.

Read more at the link below.
https://www.constangy.com/newsroom/newsletters/3-simple-tips-for-responding-to-disability-accommodation-requests

SKIMS is the latest high-profile company facing a California wage and hour lawsuit.

In a new blog, Constangy associate attorney Rachael Rustmann examines the claims and highlights several compliance areas employers should routinely review, including:

• overtime calculations
• meal and rest breaks
• wage statements
• expense reimbursement
• final pay practices

The lawsuit serves as another reminder of how quickly routine payroll and scheduling practices can lead to costly litigation.

Read the full analysis below.

https://www.constangy.com/employment-labor-insider/keeping-up-with-the-kardashians-skims-hit-with-california-wage-suit