Employment Law This Week
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For employers navigating risk, workforce, and the bottom line. Employment Law This Week® delivers the employment and labor developments that matter—without the noise. Part of the Epstein Becker Green Insights Network.
Episodes
- Words Matter: How to Draft Arbitration Agreements That Hold Up in Court
In this episode of Employment Law This Week, attorneys discuss how imprecise drafting of arbitration agreements can make them vulnerable in court. They also cover the risks of AI-assisted drafting and provide guidance on creating more defe…
- DOL's New Joint Employer Rule, Fifth Circuit FLSA Twist, and I-9 Irreversible Errors
Employment Law This Week discusses the DOL's proposed joint employer rule, a Fifth Circuit ruling on FLSA overtime for misclassified workers, and tightening I-9 compliance requirements. It also notes a web accessibility deadline for certai…
- NLRB Could Soon Have a Three-Person Republican Majority
The nomination of James Macy to the NLRB could create a three-person Republican majority, potentially enabling the overturning of Biden-era precedents like the captive audience rule and Cemex bargaining order. A confirmation is needed befo…
- The Administration's Focus on DEI Moves from Words to Action
This episode of Employment Law This Week covers the Biden administration's increased focus on Diversity, Equity, and Inclusion (DEI) enforcement. It discusses the DOJ's Civil Rights Fraud Initiative, which scrutinizes government contractor…
- 401(k) Alternative Assets, NLRB Removal Protections, and Military Leave Requests
This episode of Employment Law This Week covers three key employer developments: the DOL
- Employer AI Headaches: Job Postings, Client Privilege, and Microchip Bans
What employers should know about key developments this week: Artificial Intelligence (AI) Conversations Are Not Privileged: In United States v. Heppner , a federal judge found that conversations with an AI tool are not privileged due to th…
- Is Cemex Still Valid? Sixth Circuit Creates Uncertainty
What employers should know about key developments this week: Sixth Circuit Rejects C emex Bargaining Order: The U.S. Court of Appeals for the Sixth Circuit refused to enforce a bargaining order issued under the National Labor Relations Boa…
- Spilling Secrets: Non-Competes in 2026: FTC Signals Major Policy Shift
What employers should know about key developments this week: FTC Enforcement Shift on Non-Competes: The Federal Trade Commission (FTC) announced it will enforce non-compete agreements on a case-by-case basis, moving away from broad rulemak…
- NLRB Shifts Enforcement, DOL's Non-Union Focus, and EEOC's DEI Crackdown
What employers should know about key developments this week: • National Labor Relations Board (NLRB) Sets New Enforcement Priorities: NLRB General Counsel Crystal Carey directed regional offices to prioritize the resolution of current case…
- NLRB and DOL Take Action on Joint Employer and Independent Contractor Rules
What employers should know about key developments this week: NLRB Reinstates 2020 Joint Employer Rule: Under the National Labor Relations Board's (NLRB's) rule, a company is a joint employer only if it exercises substantial, direct, and im…
- NYC Enforcement Blitz, CA Surveillance Pricing, and PA Criminal History Rule Update
What employers should know about key developments this week: · New York City's Enforcement Blitz: The city's Department of Consumer and Worker Protection is cracking down on violations of the Protected Time Off Law, issuing warnings to 56,…
- How to Respond to Employee Concerns About ICE Investigations
Visits from Immigration and Customs Enforcement (ICE) can have negative effects on employee morale and retention, especially if a business is unprepared. Plan for ICE investigations before they happen. Learn more in this episode of Employm…
- What Do Federal DEI Crackdowns Mean for Employers?
Federal agencies are intensifying their scrutiny of workplace DEI initiatives, creating new and complex challenges for employers. Key Takeaways for Employers: EEOC Investigations: The agency is using subpoena power to investigate large com…
- #WorkforceWednesday: DOL Compliance Tools & PBM Regulation, NLRB Intake Updates
This week, we discuss the Department of Labor's (DOL's) new compliance tools, its proposed pharmacy benefits manager (PBM) transparency regulation, and updated enforcement priorities from the DOL's Employee Benefits Security Administration…
- #WorkforceWednesday: Remote Work and Disability Discrimination: What Employers Need to Know
A recent federal ruling clarified that denying a request for full-time remote work as a disability accommodation does not, by itself, constitute discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act. Key…
- #WorkforceWednesday: "Stay or Pay" Agreements, Developing Immigration News, EEOC Power Shift
This week, we're covering new "Stay or Pay" bans in California and New York, developing immigration news for employers, and the EEOC's streamlined path for faster policy changes. California and New York Target "Stay or Pay" Agreements "Sta…
- #WorkforceWednesday: FMLA and FLSA Compliance in 2026—New DOL Opinion Letters and Emerging Risks
While the recent DOL guidance provides long-awaited clarity on FMLA and FLSA compliance, the rapid expansion of state-level paid leave mandates is adding a new layer of regulatory risk. Key Takeaways for Employers: Business Closures: Wheth…
- #WorkforceWednesday: Employment Law in 2026: What to Expect
As we enter 2026, employers face a rapidly evolving legal landscape. In this episode of Employment Law This Week® , Epstein Becker Green attorneys share their insights on the key challenges and opportunities businesses should prepare for i…
- #WorkforceWednesday: Top Employment Law Changes of 2025
2025 reshaped the employment law landscape, bringing sweeping changes at both the federal and state levels. In this year-end special episode, Epstein Becker Green attorneys break down the most impactful developments for employers. Key Issu…
- Spilling Secrets: 2025 Non-Compete Year in Review
The landscape of restrictive covenants transformed in 2025, driven by a new administration's approach to federal oversight and decisive legislative action at the state level. Employers now face a complex environment where broad federal ban…
- #WorkforceWednesday: New Tips and Overtime Guidance, NLRB Circuit Split, and Stalled Nomination
This week, we're covering new Internal Revenue Service (IRS) guidance on reporting tips and overtime, a widened circuit split on National Labor Relations Board (NLRB) authority, and a delayed Senate Health, Education, Labor, and Pensions (…
- #WorkforceWednesday: New Leadership and Priorities for the EEOC
The EEOC, now under the leadership of Chair Andrea Lucas and with a quorum for the first time in months, is signaling shifts in enforcement priorities that could have significant implications for employers. What Employers Should Know: New…
- #WorkforceWednesday: What Restoring a Quorum at the NLRB Could Mean for Employers
This week, we examine what employers should anticipate as the National Labor Relations Board (NLRB)—which currently has only one active member, a Democrat, and four vacancies—moves closer to regaining a quorum and resuming full operations.…
- #WorkforceWednesday: H-1B Enforcement Tightened, Fertility Benefits Expanded, Gender Identity Protection Setback
This week, we're covering the U.S. Department of Labor's (DOL's) launch of Project Firewall to enforce H-1B visa compliance and new guidance on stand-alone fertility benefits, as well as a federal court ruling voiding gender identity prote…
- #WorkforceWednesday: Top Employment Insights: 44th Annual Workforce Management Briefing
This week, we discuss highlights from Epstein Becker Green's 44th Annual Workforce Management Briefing, which covered some of the most pressing issues for employers today. Top Employment Insights: 44th Annual Workforce Management Briefing…
- #WorkforceWednesday: State Law Trends, "Captive Audience" Ban Clash, Rhode Island Menopause Law
This week, we're covering an uptick in state-level employment law activity, federal court decisions on "captive audience" bans, and Rhode Island's new menopause accommodation requirements. State Legislative Activity Increases California ha…
- #WorkforceWednesday: How to Stay Compliant with 2026 State Family and Medical Leave Laws
This week, we explore the latest changes in state-level family and medical leave laws and how employers can stay compliant. How to Stay Compliant with 2026 State Family and Medical Leave Laws A wave of changes to state-level family and med…
- #WorkforceWednesday: New H-1B Visa Fee, EEOC Shutters Disparate Impact Cases, Key Labor Roles Confirmed
This week, we're covering the new H-1B visa fee, the Equal Employment Opportunity Commission's (EEOC's) closure of disparate impact cases, and recent key labor appointments. New Fee for H-1B Visas Employers must now pay $100,000 for each f…
- #WorkforceWednesday: FTC Backs Off Non-Compete Ban, Warns Health Care Employers
This week, we examine the Federal Trade Commission's (FTC's) decisions to drop its appeal of a federal court ruling striking down its proposed non-compete ban and to issue warnings to health care employers about using unreasonable restrict…
- #WorkforceWednesday: Social Media and Employee Firings: What Employers Need to Know
This week, we examine how employers should address controversial employee social media activity, especially amid widespread social tension such as that seen after the murder of Charlie Kirk. Social Media and Employee Firings An employee's…
- #WorkforceWednesday: AI in the Workplace: California Sets a New Compliance Standard
This week, we examine new artificial intelligence (AI) regulations in California impacting employers. AI in the Workplace: California Sets a New Compliance Standard Starting October 1, 2025, new AI rules in California will change how busin…
- #WorkforceWednesday: Remote Work and Religion: New Legal Risks for Employers in 2025
As religious rights in the workplace gain new attention, a recent OPM memo broadening religious accommodations for federal employees could impact employers everywhere—at home and in the office. Essential Impacts for Employers: The federal…
- #WorkforceWednesday: NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule
This week, we're covering four key employer-focused developments: a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board's (NLRB's) authority, another Fifth Circuit decision restoring p…
- #WorkforceWednesday: New FLSA Notice Standard, DOL's PAID Program, Axed Wage and Hour Penalties
This week, we dig into the U.S. Court of Appeals for the Seventh Circuit's new Fair Labor Standards Act (FLSA) collective action notice standard, the U.S. Department of Labor's (DOL's) relaunched Payroll Audit Independent Determination (PA…
- #WorkforceWednesday: New DOJ Memo Warns Employers: Rethink DEI Programs Now
New guidance from Attorney General Bondi urges federal funding recipients to reassess DEI programs to ensure compliance with anti-discrimination laws. This memo highlights actions deemed "unlawful DEI," including race-based scholarships, p…
- #WorkforceWednesday: Nationwide FLSA Lawsuits Just Got Harder—Here's Why
In Harrington v. Cracker Barrel Old Country Store, Inc., the Ninth Circuit ruled that, in FLSA collective actions, federal courts must evaluate personal jurisdiction before allowing notices to out-of-state employees in nationwide claims—a…
- #WorkforceWednesday: NLRB Quorum Limbo, DOL Deregulation Push, Coldplay Concert Exposes Workplace Romance
This week, we look at the potential restoration of a quorum at the National Labor Relations Board ("NLRB" or "Board"), the U.S. Department of Labor's (DOL's) deregulatory initiatives, and lessons from a high-profile workplace incident at a…
- #WorkforceWednesday: FTC and Florida Focus on Non-Competes, SCOTUS to Rule on Pension Withdrawal Liability
This week, we're examining the Federal Trade Commission's (FTC's) stance on a federal non-compete ban, the expansive changes introduced by Florida's Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE)…
- #WorkforceWednesday: What the One Big Beautiful Bill Act Means for Employers
The OBBBA introduces major shifts for employers, transforming employee benefits, executive compensation, and workforce compliance. Are you prepared to adapt? Essential Impacts for Employers Dependent care and education benefits—higher flex…
- Spilling Secrets: Legal Shifts in 2025 Put Employer Non-Compete Strategies at Risk
Non-compete legislation is evolving rapidly at the state level, with new laws taking effect soon in Arkansas, Kansas, Virginia, and Wyoming. Looking ahead, pending bills in over a dozen states could reshape how employers approach restricti…
- #WorkforceWednesday: Workplace ICE Raids Are Surging—Here's How Employers Can Prepare
U.S. Immigration and Customs Enforcement (ICE) is ramping up worksite inspections and I-9 audits, presenting new challenges for employers nationwide. With no warning before an ICE visit, preparation is critical to minimizing risks and stay…
- #WorkforceWednesday: DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand
On May 30, 2025, the DOL moved to eliminate the OFCCP, shifting key enforcement duties to other agencies. At the same time, the DOL has launched a new opinion letter program, expanding access beyond the Wage and Hour Division. Employers mu…
- #WorkforceWednesday: Abortion Protections Struck Down, LGBTQ Harassment Guidance Vacated, EEO-1 Reporting Opens
This week, we cover the striking down of abortion protections for workers and LGBTQ harassment guidance, as well as the beginning of a brief EEO-1 reporting season (concluding on June 24). Abortion Protections for Workers Struck Down A Lou…
- #WorkforceWednesday: New Executive Order Targets Disparate Impact Claims Nationwide
EO 14281 poses significant challenges for employers because it seeks to limit disparate impact liability but clashes with established state and local regulations and laws, such as New York City's law regarding the use of automated employme…
- #WorkforceWednesday: Independent Contractor Rule, EEO-1 Reporting, and New York Labor Law Amendment
This week, we're covering the U.S. Department of Labor's (DOL's) decision to halt enforcement of the Biden-era independent contractor rule, the upcoming EEO-1 reporting season (starting on May 20), and New York State's new labor law amendm…
- Spilling Secrets: Trade Secrets on Trial: Strategic Decisions for the Courtroom
What's the secret to winning a trade secret trial? Find out in this compelling episode of Spilling Secrets , where Epstein Becker Green attorneys Katherine G. Rigby , James P. Flynn , and Adam Paine break down the art of navigating these h…
- #WorkforceWednesday: 100 Days In: What Employers Need to Know
The current administration has reached the 100-day mark, and employers have faced sweeping changes and major policy shifts—but not everything has moved at the same pace. While DEI programs and workplace AI have faced significant revisions,…
- #WorkforceWednesday: Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo
This week, we're covering the relaxation of state-level non-compete rules, the recent block of Executive Order 14173's diversity, equity, and inclusion (DEI)-related certification requirement, and a federal appeals court's decision to paus…
- #WorkforceWednesday: Can the President Fire NLRB Members Without Cause? SCOTUS May Decide
With presidential power over independent federal agencies entering uncharted territory, SCOTUS may soon revisit its 1935 Humphrey's Executor decision , which limits a president's ability to fire members of independent federal agencies—such…
- #WorkforceWednesday: Artificial Intelligence Regulations for Employers
State laws are rapidly stepping in to regulate AI in the absence of federal legislation, with at least 45 states introducing AI-related bills this year. Hear from Epstein Becker Green attorney Frances M. Green as she outlines how employers…