The Administration’s Focus on DEI Moves from Words to Action
Release Date: 04/22/2026
State Pay Transparency Laws in 2026: Maine and Virginia Join the Ranks
Employment Law This Week
What employers should know about key developments this week: Virginia and Maine Pay Transparency Laws: Both states require employers to disclose compensation ranges in job postings starting this summer (Virginia on July 1 and Maine on July 29), with key distinctions that will affect compliance strategies across industries. Remote Work Compliance Risks: Pay transparency laws can apply to any employer with even a single remote employee working in a covered state, which means that multistate and remote-first employers face heightened exposure regardless of where they are headquartered....
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Words Matter: How to Draft Arbitration Agreements That Hold Up in Court
Employment Law This Week
What employers should know about key developments this week: Arbitration Agreement Drafting Pitfalls: Vague or imprecise language regarding discovery, confidentiality, neutrality, and mutuality can hand employees a roadmap for challenging—or defeating—your arbitration agreements in court. AI-Assisted Drafting Risks: Artificial intelligence (AI) tools may generate arbitration agreement language based on existing law but can miss evolving legal arguments in pending cases, making attorney review essential before finalizing any agreement. Strategic Decision-Making for Arbitration...
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DOL's New Joint Employer Rule, Fifth Circuit FLSA Twist, and I-9 Irreversible Errors
Employment Law This Week
What employers should know about key developments this week: DOL Proposes Joint Employer Rule: The Department of Labor (DOL) has proposed a rule reinstating the economic realities test for joint employer liability under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act, prompting employers with subcontractors, franchises, or subsidiaries to assess their exposure before the June 22 comment deadline. Fifth Circuit: Misclassification Alone Isn't Enough: The U.S. Court of Appeals for the Fifth Circuit upheld...
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NLRB Could Soon Have a Three-Person Republican Majority
Employment Law This Week
What employers should know about key developments this week: NLRB Nomination Signals Shifting Board Majority: The nomination of James Macy—packaged with the renomination of Democratic Member David Prouty—could give the National Labor Relations Board (“NLRB” or “Board”) a three-person Republican majority, providing the votes needed to overturn Biden-era precedents. Quorum Pressure Drives Confirmation Timeline: The Senate must confirm at least one nominee before Member Prouty’s term expires in August to preserve the Board’s quorum, making a swift confirmation process likely. ...
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The Administration’s Focus on DEI Moves from Words to Action
Employment Law This Week
What employers should know about key developments this week: · False Claims Act Exposure: The Department of Justice's (DOJ's) Civil Rights Fraud Initiative is scrutinizing any entity that contracts with or receives funding from the federal government whose diversity, equity, and inclusion (DEI) practices may violate the False Claims Act. · April 25 Deadline for Federal Contractors: A new executive order requires federal contractors and their subcontractors to certify that they will not engage in discriminatory DEI...
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401(k) Alternative Assets, NLRB Removal Protections, and Military Leave Requests
Employment Law This Week
What employers should know about key developments this week: DOL Proposes Opening 401(k) Investments: The U.S. Department of Labor (DOL) proposed a rule establishing a process-based safe harbor for fiduciaries under the Employee Retirement Income Security Act, opening the door to alternative assets—including cryptocurrency, private equity, and real estate—in 401(k) plans. NLRB Wants Its Removal Protections Stripped: The National Labor Relations Board (“NLRB” or “Board”) asked a federal court to declare unconstitutional the statutory provisions limiting the U.S....
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Employer AI Headaches: Job Postings, Client Privilege, and Microchip Bans
Employment Law This Week
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 the tool's terms of service and privacy policy—a stark reminder that employers should not discuss active cases or employment matters with public AI tools. IT Company Fined for AI-Generated Job Postings: The U.S. Department of Justice imposed a nearly $10,000 fine on an IT company for posting AI-generated job advertisements that unlawfully excluded...
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Is Cemex Still Valid? Sixth Circuit Creates Uncertainty
Employment Law This Week
What employers should know about key developments this week: Sixth Circuit Rejects Cemex Bargaining Order: The U.S. Court of Appeals for the Sixth Circuit refused to enforce a bargaining order issued under the National Labor Relations Board’s (NLRB’s) 2023 Cemex standard. Cemex Remains in Effect Outside the Sixth Circuit: The NLRB continues to treat Cemex as binding policy in all other jurisdictions, leaving employers outside the Sixth Circuit’s reach exposed to bargaining orders under the standard. A Formal Reversal May Be Coming: With its current composition, the NLRB is...
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Spilling Secrets: Non-Competes in 2026: FTC Signals Major Policy Shift
Employment Law This Week
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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NLRB Shifts Enforcement, DOL’s Non-Union Focus, and EEOC’s DEI Crackdown
Employment Law This Week
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...
info_outlineWhat employers should know about key developments this week:
· False Claims Act Exposure: The Department of Justice's (DOJ's) Civil Rights Fraud Initiative is scrutinizing any entity that contracts with or receives funding from the federal government whose diversity, equity, and inclusion (DEI) practices may violate the False Claims Act.
· April 25 Deadline for Federal Contractors: A new executive order requires federal contractors and their subcontractors to certify that they will not engage in discriminatory DEI programs. Federal contractors must act now to meet the looming compliance deadline.
· Multifront Enforcement Risk for All Employers: Private employers should also take note—investigations, subpoenas, and contract obligations are hitting from multiple directions, often before litigation even begins, as the DOJ and the Equal Employment Opportunity Commission signal aggressive enforcement of anti-discrimination laws.
In this episode of Employment Law This Week®, Epstein Becker Green attorneys Leah Brownlee Taylor and Lauri F. Rasnick unpack the administration's escalating DEI enforcement actions.
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