#WorkforceWednesday: New H-1B Visa Fee, EEOC Shutters Disparate Impact Cases, Key Labor Roles Confirmed
Employment Law This Week Podcast
Release Date: 10/08/2025
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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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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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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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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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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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: ...
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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 first-time H-1B petition filed on or after September 21, 2025. Current visa holders are not affected. Exceptions may apply, but details are limited. EEOC Shuts Down Disparate Impact Cases The EEOC has closed nearly all disparate impact cases following a recent executive order. These claims can still be pursued in court. The agency will also dissolve its...
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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 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 to health care organizations make clear that regulatory scrutiny is far from over. Key Takeaways for Employers: Regulatory Spotlight on...
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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 off-duty conduct can be grounds for termination, but disciplining employees . Recent online discussions surrounding the public murder of Charlie Kirk have spurred firings across the nation, leaving employers exposed to backlash for their action or inaction. What Employers Need to Know: · “At-Will” Employment: While most employment is...
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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 businesses in the state use automated tools in hiring, promotions, and other workplace decisions. Key Takeaways for Employers Anti-Discrimination Measures: The new regulations specifically target discriminatory practices in employers’ use of automated decision systems (ADS). Recordkeeping Requirements: Employers are now mandated to retain all ADS records...
info_outlineThis 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 first-time H-1B petition filed on or after September 21, 2025. Current visa holders are not affected. Exceptions may apply, but details are limited.
EEOC Shuts Down Disparate Impact Cases
The EEOC has closed nearly all disparate impact cases following a recent executive order. These claims can still be pursued in court. The agency will also dissolve its Office of Enterprise Data and Analytics, although EEO-1 reporting requirements appear unchanged.
Key Labor Roles Confirmed
The Senate has confirmed Daniel Aronowitz as Assistant Secretary of Labor for the Employee Benefits Security Administration. Additionally, the Senate has confirmed over 100 other labor-related appointments—including 11 top labor positions—restoring a quorum at both the EEOC and the Merit Systems Protection Board.
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