#WorkforceWednesday: FTC Backs Off Non-Compete Ban, Warns Health Care Employers
Employment Law This Week Podcast
Release Date: 10/01/2025
Spilling Secrets: Non-Competes in 2026: FTC Signals Major Policy Shift
Employment Law This Week Podcast
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 rulemaking. Key Enforcement Priorities: The FTC is prioritizing non-competes in industries with limited access to confidential information and for low-wage, hourly, or entry-level workers. Health Care Industry Scrutiny: The composition of panelists at the FTC’s recent workshop—including physicians and veterinarians—suggests the agency will...
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#WorkforceWednesday: NLRB Shifts Enforcement, DOL’s Non-Union Focus, and EEOC’s DEI Crackdown
Employment Law This Week Podcast
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 cases over initiating new enforcement actions. • Department of Labor (DOL) Targets Non-Union Workplaces: In an internal memo, DOL Solicitor of Labor Jonathan Berry emphasized that enforcement would focus on non-unionized environments, noting that unions were better equipped...
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#WorkforceWednesday: NLRB and DOL Take Action on Joint Employer and Independent Contractor Rules
Employment Law This Week Podcast
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 immediate control over at least one of an employee’s key employment terms. Employer Liability Outlook: The risk of joint-employer liability is lower without direct involvement in core employment decisions. DOL Proposes New Independent Contractor Rule: The U.S. Department of Labor’s (DOL’s) new proposal revives the 2021 standard, emphasizing...
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#WorkforceWednesday: NYC Enforcement Blitz, CA Surveillance Pricing, and PA Criminal History Rule Update
Employment Law This Week Podcast
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 of the Protected Time Off Law, issuing warnings to 56,000 employers. Non-compliance risks hefty penalties for employers. · California Investigates Price Manipulation: California is probing “surveillance pricing,” in which companies use prospective customers’ personal data to adjust prices, potentially violating the Consumer Privacy Act. The...
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#WorkforceWednesday: How to Respond to Employee Concerns About ICE Investigations
Employment Law This Week Podcast
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 Employment Law This Week. What employers should know about recent developments: Proactive Response Planning: Establish a written response plan, seek guidance from legal counsel, and ensure employees are thoroughly trained on protocols in case U.S. Immigration and Customs Enforcement (ICE) arrives at the workplace. Consequences of Being...
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#WorkforceWednesday: What Do Federal DEI Crackdowns Mean for Employers?
Employment Law This Week Podcast
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 companies, alleging that certain DEI practices may amount to systemic race discrimination against white employees. FTC Involvement: The FTC is expanding its oversight into employment, issuing warning letters to law firms about their hiring practices and signaling broader scrutiny. Novel DOJ Liability: The DOJ is applying a new False Claims Act theory,...
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#WorkforceWednesday: DOL Compliance Tools & PBM Regulation, NLRB Intake Updates
Employment Law This Week Podcast
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. We also cover the National Labor Relations Board’s (NLRB’s) revamped case intake process. DOL Releases Compliance Tools The DOL has introduced new resources—including interactive toolkits, industry-specific guidance, updated fact sheets, and self-audit checklists—to help employers avoid wage-and-hour violations. DOL Issues Proposed Regulation...
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#WorkforceWednesday: Remote Work and Disability Discrimination: What Employers Need to Know
Employment Law This Week Podcast
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 Takeaways for Employers Interactive Process: Employers must engage in a documented, good-faith interactive process and consider reasonable alternative accommodations when evaluating remote-work requests. Essential Functions: Employers may require in-person attendance where it is essential to job performance, even in a post-pandemic workplace....
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#WorkforceWednesday: “Stay or Pay” Agreements, Developing Immigration News, EEOC Power Shift
Employment Law This Week Podcast
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 “Stay or Pay” bans are now in effect in California and New York. These laws largely ban employers from requiring workers to reimburse training and other similar costs if they leave before a specified period, effectively forcing an individual to remain in their job. New York Employers: Check out our webinar on New York City Mayor Zohran...
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#WorkforceWednesday: FMLA and FLSA Compliance in 2026—New DOL Opinion Letters and Emerging Risks
Employment Law This Week Podcast
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: Whether a partial-week business closure can be counted as FMLA leave depends on whether the employee was on FMLA leave for the entire workweek. Travel Time: FMLA leave may be used for travel time to and from medical appointments, even if the time is not specified on the medical certification. State-Level Leave: Thirteen states and the District of Columbia...
info_outlineThis 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 restrictive covenants in employment agreements.
FTC Backs Off Non-Compete Ban, Warns Health Care Employers
Although the FTC’s decision to abandon its non-compete ban appeal may appear to favor employers, its recent warning letters to health care organizations make clear that regulatory scrutiny is far from over.
Key Takeaways for Employers:
- Regulatory Spotlight on Health Care: The FTC has urged health care employers to review restrictive covenants for fairness and compliance.
- Patient Choice Concerns: Health care non-competes may limit patient access to providers, particularly in rural areas.
- Protection of Business Interests: Non-competes should be narrowly tailored to safeguard trade secrets, customer relationships, and other legitimate interests.
In this episode, Epstein Becker Green attorneys E. John Steren and David J. Clark discuss the FTC’s concerns for health care employers, offer guidance on revising non-compete agreements to withstand legal challenges, and explore alternative strategies to protect business interests.
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