#WorkforceWednesday: Nationwide FLSA Lawsuits Just Got Harder—Here’s Why
Employment Law This Week Podcast
Release Date: 08/06/2025
#WorkforceWednesday: Employment Law in 2026: What to Expect
Employment Law This Week Podcast
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 in the year ahead. Key Takeaways for Employers: AI Workforce Changes: Expect more laws addressing reduction-in-force notifications and employee protections as artificial intelligence (AI) continues to reshape the workplace. Talent Retention Strategies: Group lift-outs are likely to increase, prompting a need for strategies to retain and protect talent....
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#WorkforceWednesday: Top Employment Law Changes of 2025
Employment Law This Week Podcast
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 Issues for Employers: DEI rollbacks: Companies are scaling back diversity, equity, and inclusion (DEI) programs, with reverse discrimination suits on the rise. AI governance: Federal deregulation has spurred state-level action, with AI now influencing workforce management at every level. Non-compete regulations: The Federal Trade Commission...
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Spilling Secrets: 2025 Non-Compete Year in Review
Employment Law This Week Podcast
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 bans have stalled, but state-specific regulations—and opportunities—are rapidly evolving. Key Takeaways for Employers: Federal Enforcement Continues: The Federal Trade Commission (FTC) is still challenging unreasonable non-compete agreements despite withdrawing its nationwide ban appeal. Florida Favors Employers: Florida solidified its position as an...
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#WorkforceWednesday: New Tips and Overtime Guidance, NLRB Circuit Split, and Stalled Nomination
Employment Law This Week Podcast
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 (HELP) committee vote on an NLRB nominee. No Fines for Incorrect Reporting of Tips and Overtime in 2025 New guidance from the U.S. Treasury Department and the IRS states that penalties will not be assessed for employers who fail to meet the new reporting requirements for cash tips and overtime compensation in 2025. Sixth Circuit Widens Circuit Split on NLRB...
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#WorkforceWednesday: New Leadership and Priorities for the EEOC
Employment Law This Week Podcast
The EEOC, now under the leadership of Chair Andrea Lucas and with a full quorum for the first time in years, is signaling shifts in enforcement priorities that could have significant implications for employers. What Employers Should Know: New Leadership: Chair Lucas has emphasized a commitment to “upholding merit-based, colorblind equality” in workplace policies. Key Priorities: Among the EEOC’s key priorities are protecting pregnant workers, addressing religious bias, and scrutinizing diversity, equity, and inclusion programs for potential reverse discrimination. Religious...
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#WorkforceWednesday: What Restoring a Quorum at the NLRB Could Mean for Employers
Employment Law This Week Podcast
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. What Restoring a Quorum at the NLRB Could Mean for Employers For the first time in more than 10 months, the NLRB may soon have three members, reestablishing a quorum and potentially impacting employers significantly. What Employers Should Know: Nominees Pending: Two Republican nominees to the NLRB, as well as the NLRB’s General Counsel nominee, are...
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#WorkforceWednesday: H-1B Enforcement Tightened, Fertility Benefits Expanded, Gender Identity Protection Setback
Employment Law This Week Podcast
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 protections. Project Firewall: An H-1B Enforcement Initiative The DOL has introduced Project Firewall, an initiative to enforce compliance with H-1B visa regulations. The program aims to ensure employers follow federal guidelines while balancing U.S. workers’ rights and businesses’ needs for skilled foreign labor. DOL Issues Guidance for Fertility...
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#WorkforceWednesday: Top Employment Insights: 44th Annual Workforce Management Briefing
Employment Law This Week Podcast
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 Epstein Becker Green attorneys and clients from across the nation gathered in New York City this past week to share their insights on the latest developments in labor and employment law. In this episode of Employment Law This Week, we hear from a few of the briefing’s panelists about the critical issues their clients are currently facing. Key Topics of...
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#WorkforceWednesday: State Law Trends, “Captive Audience” Ban Clash, Rhode Island Menopause Law
Employment Law This Week Podcast
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 has introduced new laws on paid sick leave, artificial intelligence, pay equity, and protections for tipped workers. Meanwhile, other states are also rolling out new laws impacting employment practices. Courts Clash Over “Captive Audience” Bans Federal courts have issued conflicting rulings on state restrictions regarding employer-mandated meetings...
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#WorkforceWednesday: How to Stay Compliant with 2026 State Family and Medical Leave Laws
Employment Law This Week Podcast
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 medical leave laws, set to take effect in 2026 and beyond—along with recent expansions—is adding to the already-complex patchwork of family and medical leave regulations across the country. In this episode of Employment Law This Week®, Epstein Becker Green attorney breaks down what’s changing and how employers can prepare. What Employers Need to Know: ...
info_outlineIn 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 move that strengthens employers’ ability to challenge these cases.
Key Takeaways for Employers
- Jurisdiction matters: Courts must confirm jurisdiction before notifying out-of-state employees.
- Limited forum shopping: Plaintiffs face limits to filing in unrelated jurisdictions.
- Stronger grounds for employers: Employers can challenge out-of-state claims with no forum ties.
- Arbitration implications: Courts may notify employees under arbitration agreements.
In this episode of Employment Law This Week®, Epstein Becker Green attorney Courtney McFate describes the Harrington ruling and shares insights to help employers adapt and minimize costly lawsuits.
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