#WorkforceWednesday: New DOL Leadership, NLRB Quorum, EEOC Enforcement Priorities
Employment Law This Week Podcast
Release Date: 03/19/2025
Spilling Secrets: Legal Shifts in 2025 Put Employer Non-Compete Strategies at Risk
Employment Law This Week Podcast
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 restrictive covenants. In this episode, Epstein Becker Green attorneys , , , and discuss the new and proposed state non-compete laws and their implications for employers, as well as alternative tools that can be used to address these restrictions. From expanded protections for low-wage workers in Virginia to Kansas’s focus on non-solicit provisions, this episode...
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#WorkforceWednesday: Workplace ICE Raids Are Surging—Here’s How Employers Can Prepare
Employment Law This Week Podcast
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 staying compliant. This week’s key topics include: · maintaining current I-9 forms for employees, · developing a written playbook for ICE raids, and · establishing post-raid protocols to protect and stabilize...
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#WorkforceWednesday: DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand
Employment Law This Week Podcast
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 must navigate these changes while maintaining compliance with federal, state, and local anti-discrimination laws. Epstein Becker Green attorneys and provide their insights into these shifts and their likely future impact on employers. Visit our site for this week's Other Highlights and links: Subscribe to #WorkforceWednesday: Visit This...
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#WorkforceWednesday: Abortion Protections Struck Down, LGBTQ Harassment Guidance Vacated, EEO-1 Reporting Opens
Employment Law This Week Podcast
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 Louisiana federal judge vacated portions of a rule implementing the Pregnant Workers Fairness Act that defined abortion as a medical condition and required accommodations. Federal Court Vacates LGBTQ Harassment Guidance The U.S. District Court for the Northern District of Texas has moved to strike portions of the Equal Employment Opportunity Commission’s...
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#WorkforceWednesday: New Executive Order Targets Disparate Impact Claims Nationwide
Employment Law This Week Podcast
EO 14281 poses significant challenges for employers because it but clashes with established state and local regulations and laws, such as New York City’s law regarding the use of automated employment decision tools. This tension underscores the increasing complexity of managing artificial intelligence (AI)-driven decision-making in the workplace amid shifting legal standards. This week’s key topics include: the scope of EO 14281; conflicts between EO 14281 and existing federal, state, and local laws; and best practices to mitigate risks in AI employment decisions. Epstein Becker Green...
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#WorkforceWednesday: Independent Contractor Rule, EEO-1 Reporting, and New York Labor Law Amendment
Employment Law This Week Podcast
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 amendment, reducing damages for first-time frequency-of-pay violations. DOL Halts Enforcement of Independent Contractor Rule The DOL will no longer enforce the Biden-era independent contractor rule, which sought to tighten the criteria under which a hired worker can be considered an independent contractor for purposes of the Fair Labor Standards Act. The...
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Spilling Secrets: Trade Secrets on Trial: Strategic Decisions for the Courtroom
Employment Law This Week Podcast
What’s the secret to winning a trade secret trial? Find out in this compelling episode of Spilling Secrets, where Epstein Becker Green attorneys , , and break down the art of navigating these high-stakes cases. From designing winning courtroom tactics and leveraging key witnesses to using storytelling as a tool to clarify complex trade secret claims, our panelists offer actionable insights and essential tips for safeguarding confidentiality and determining the right trial format to secure the best outcomes for your business. Visit our site for this week’s other highlights and...
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#WorkforceWednesday: 100 Days In: What Employers Need to Know
Employment Law This Week Podcast
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, other areas, such as the NLRB, have been marked by and ongoing court battles, adding layers of uncertainty. This week’s key topics include: DEI program scrutiny, independent agency challenges, rescinded policies from past administrations, and AI workplace guidance. In this special episode, Epstein Becker Green attorneys unpack these significant...
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#WorkforceWednesday: Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo
Employment Law This Week Podcast
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 pause a challenge to the Biden-era independent contractor rule. Non-Competes Eased in Kansas and Virginia Kansas has permitting non-competes while setting requirements for non-solicit provisions. Additionally, effective July 1, 2025, Virginia will for non-exempt employees. Federal Contractor DEI Rule Blocked In a lawsuit brought by Chicago Women in...
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#WorkforceWednesday: Can the President Fire NLRB Members Without Cause? SCOTUS May Decide
Employment Law This Week Podcast
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 as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission—without cause. SCOTUS could choose to: reaffirm Humphrey’s Executor, overturn the case entirely (potentially politicizing agency functions), or define...
info_outlineThis week, we’re covering a change in leadership at the U.S. Department of Labor (DOL), the reinstatement of National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox (restoring a crucial quorum), and the Equal Employment Opportunity Commission’s (EEOC’s) focus on new enforcement priorities.
New Leadership at the DOL
Lori Chavez-DeRemer was sworn in as the U.S. Secretary of Labor on March 11, 2025, after receiving bipartisan support from the Senate. Secretary Chavez-DeRemer, a former congresswoman with strong backing from organized labor, is generally viewed as a centrist figure.
NLRB Quorum Restored—for Now
President Trump made waves when he fired NLRB member Gwynne Wilcox shortly after taking office. However, on March 6, a federal judge in the District of Columbia held that Wilcox was “illegally” fired and instructed the NLRB Chair to restore Wilcox’s access to the Board and allow her to serve out the remainder of her five-year term.
EEOC’s New Enforcement Priorities
While many had anticipated a reduction in EEOC enforcement under the new administration, a series of announcements indicate that the agency is instead shifting its priorities and stepping up investigations in new areas, such as anti-American bias, antisemitism, and binary sex and related rights.
Additionally, the EEOC has recently issued letters to 20 major law firms, raising concerns about their diversity and inclusion programs. The agency is investigating whether these programs may involve unlawful disparate treatment or classification based on race, sex, or other protected characteristics, in potential violation of Title VII of the Civil Rights Act of 1964. Employers should take note, as this development may signal a broader enforcement strategy.
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