Employment Law This Week Podcast

Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. This is the audio podcast version of the video series launched in October 2015 by law firm Epstein Becker Green.

Spilling Secrets: Beyond Non-Competes: IP and Trade Secret Assessment Strategies for Employers 11/20/2024

#WorkforceWednesday: What a Trump Win Means for Unions 11/13/2024

#WorkforceWednesday: What a Trump Win Means for Unions This week, we're analyzing how the upcoming Trump administration may affect National Labor Relations Board (NLRB) policies and enforcement priorities promoting union activity, recent court decisions on union protections, and high-profile strikes and evolving worker demands. NLRB Limits Employer Statements on Union Impact The Biden administration and the NLRB have been aggressive in pursuing policies and enforcement priorities that promote activity. Just last week, in a case involving Starbucks, the NLRB overturned a 40-year precedent to restrict employers’ ability to describe the consequences of unionization to employees. The incoming administration can make some immediate changes here, such as replacing the NLRB General Counsel, but replacing board members takes more time, and other factors beyond executive policy impact the organizing environment. Courts Limit and Expand Protections The courts have both limited and expanded protections for union organizing. For example, the U.S. Court of Appeals for the Fifth Circuit revived a pilot union lawsuit for retaliation against union activity based on recent U.S. Supreme Court precedent. On the other hand, cases challenging the way NLRB members are appointed are working their way through the courts, setting up the possibility that President Trump could have a more immediate policy impact. Boeing Strike Highlights New Union Demands High-profile strikes and work stoppages could also impact future union activity, such as the . These labor actions could continue during the new administration as workers push for more benefits and protections. Visit our site for this week's Other Highlights and links: Subscribe to #WorkforceWednesday: Visit This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. /episode/index/show/eltw/id/33915262

#WorkforceWednesday: How to Navigate Employee Stress After Election Day 11/06/2024

Spilling Secrets: Wizarding and the World of Trade Secrets 10/30/2024

#WorkforceWednesday: Mental Health Parity Rules, NLRB Restrictions, New York's Workplace Violence Prevention Law 10/23/2024

#WorkforceWednesday: Mental Health Parity Rules, NLRB Restrictions, New York's Workplace Violence Prevention Law This week, we’re examining the final mental health parity rules, a National Labor Relations Board (NLRB) memo on restrictive covenant limitations, and New York State’s recently enacted workplace violence prevention law. Final Mental Health Parity Rules Released The U.S. Departments of Health and Human Services, Labor, and the Treasury recently issued final rules implementing new requirements and amending existing regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA). The further MHPAEA’s goal of ensuring equal benefits for mental and physical treatment. NLRB General Counsel Seeks to Expand Limits on Restrictive Covenants NLRB General Counsel Jennifer Abruzzo focused on further limits to restrictive covenants. According to the memo, the NLRB will seek expanded make-whole remedies for workers who allegedly miss job opportunities due to noncompete agreements they were required to sign. Abruzzo also condemned so-called “stay-or-pay” agreements. New York Enacts Workplace Violence Prevention Law New York State recently enacted the Retail Worker Safety Act, requiring retail employers to adopt a workplace violence prevention policy, implement workplace violence training for employees, and more. Visit our site for this week's Other Highlights and links: Subscribe to #WorkforceWednesday: Visit This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. /episode/index/show/eltw/id/33582802

#WorkforceWednesday: NLRB’s Expanding Power—Pushback and Legal Challenges Ahead 10/16/2024

#WorkforceWednesday: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB Ruling 10/09/2024

#WorkforceWednesday: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB Ruling This week, we’re spotlighting the Federal Trade Commission’s (FTC’s) decision to withdraw from a federal labor pact; the Equal Employment Opportunity Commission’s (EEOC’s) report on alleged underrepresentation in science, technology, engineering, and mathematics (STEM)-related jobs; and an appellate court’s affirmation of the National Labor Relations Board’s (NLRB’s) McLaren Macomb decision. FTC Exits Federal Labor Pact On September 27, 2024, the FTC announced its decision to withdraw from the antitrust merger agreement with three other federal agencies that it had signed in August. EEOC Alleges Significant Underrepresentation in High-Tech Sector The EEOC recently issued a that purports to show substantial underrepresentation of Black, Hispanic, and female workers across 56 STEM-related jobs. Sixth Circuit Enforces NLRB Ruling on Severance Agreements In a per curiam ruling, the U.S. Court of Appeals for the Sixth Circuit has affirmed the NLRB’s controversial McLaren Macomb decision. Visit our site for this week's Other Highlights and links: Subscribe to #WorkforceWednesday: Visit This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. /episode/index/show/eltw/id/33390347

#WorkforceWednesday: New DOL Guidance: ERISA Plan Cybersecurity Update 10/02/2024

#WorkforceWednesday: DOL Authority Challenged: Key Rulings on Overtime and Tip Credit 09/25/2024

Spilling Secrets: After the Block: What’s Next for Employers and Non-Competes? 09/18/2024

#WorkforceWednesday: Staples Sued Over MA’s Lie Detector Notice, NJ’s Gender-Neutral Dress Code, 2024 Voting Leave Policies 09/11/2024

#WorkforceWednesday: Staples Sued Over MA’s Lie Detector Notice, NJ’s Gender-Neutral Dress Code, 2024 Voting Leave Policies This week, we’re highlighting a few state-level employment issues, including the legal challenges faced by Staples, Inc., regarding the Massachusetts lie detector ban; New Jersey’s implementation of a gender-neutral dress code for businesses; and the varying voting leave policies across states in preparation for the November election. Staples Sued Over Massachusetts’s Lie Detector Notice In Massachusetts, the Staples office supply chain has been sued for allegedly violating the state’s lie detector ban, which, among other things, requires employers to include information about the ban on job applications. New Jersey’s Gender-Neutral Dress Code Businesses in New Jersey are now required to adopt a gender-neutral dress code for both patrons and employees. The state attorney general announced this new mandate after a restaurant was found to have violated New Jersey’s Law Against Discrimination when it required a nonbinary customer to follow the men’s dress code. Employers Must Prepare Voting Leave Policies Ahead of 2024 Election With the U.S. presidential election little more than 50 days away, employees are beginning to make voting plans. Now is the time for employers to check relevant laws in their state and review their policies. Visit our site for this week's Other Highlights and links: Subscribe to #WorkforceWednesday: Visit This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. /episode/index/show/eltw/id/33007122

#WorkforceWednesday: What the FTC Non-Compete Ban Block Means for Employers 09/04/2024

#WorkforceWednesday: New DOJ Whistleblower Program: What Employers Must Know 08/21/2024

#WorkforceWednesday: State Legal Trends: Crucial Changes for Employers 08/14/2024

#WorkforceWednesday: State Legal Trends: Crucial Changes for Employers This week, we’re looking at recent state-level changes and legal trends that have varying degrees of impact on employers. Massachusetts Pay Equity Law Massachusetts is the most recent state to enact a pay equity law. The law establishes new pay range disclosure requirements for employers that employ 25 or more employees in Massachusetts. Illinois Amends BIPA Illinois’ new law limits penalties under the Biometric Information Privacy Act (BIPA) and clarifies consent procedures. Employers can now be held liable only for a single violation per person rather than for each alleged use of biometric data. Michigan Supreme Court Reinstates Wage and Leave Laws In Michigan, employers will have to reckon with a from the state’s Supreme Court that reinstated two laws that were created through a public initiative. One law provides for annual increases to the minimum wage and a gradual elimination of a wage differential for tipped workers, while the other expands paid sick leave obligations. Federal Courts Strike Down Controversial Florida Laws In Florida, a federal district court judge permanently blocked the state’s Stop WOKE Act, which restricted workplace diversity, equity, and inclusion training. And a different federal judge in Florida overturned the state’s ban on transgender health care. Visit our site for this week's Other Highlights and links: Subscribe to #WorkforceWednesday: Visit This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. /episode/index/show/eltw/id/32573312

Spilling Secrets: What Is the Future of Non-Compete Agreements for Employers? 08/07/2024

#WorkforceWednesday: SpaceX Victory: Court Questions NLRB's Constitutional Authority 07/31/2024

Spilling Secrets: Can FTC’s Non-Compete Ban Survive Without Chevron Deference? 07/24/2024

Spilling Secrets: Can FTC’s Non-Compete Ban Survive Without Chevron Deference? The FTC’s ban on non-competes will go into effect on September 4, 2024, but legal challenges remain. So, how can employers prepare? In this episode of Spilling Secrets, Epstein Becker Green attorneys , , and tell us more about how the U.S. Supreme Court’s overruling of the Chevron doctrine might affect the FTC’s ability to regulate non-competes. They also discuss a Texas court’s preliminary injunction against the FTC’s non-compete ban* and how various legal challenges have led to a somewhat anticlimactic atmosphere in the employment landscape related to the ban. *On Tuesday, July 23, after this episode was recorded, a federal judge in Pennsylvania reached the opposite conclusion and declined to temporarily halt the FTC’s non-compete ban. is a special monthly podcast series about the future of non-compete and trade secrets law. Visit our site for this week's Other Highlights and links: Subscribe - . Visit . This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. /episode/index/show/eltw/id/32274487

#WorkforceWednesday: Chevron Deference Overturned 07/17/2024

#WorkforceWednesday: California Governor’s PAGA Deal: What Employers Need to Know 07/03/2024

Spilling Secrets: Protecting Trade Secrets with E-Discovery 06/26/2024

Spilling Secrets: Protecting Trade Secrets with E-Discovery There’s a common misperception that ESI just means emails, but it’s much more than that. ESI encompasses anything in digital or electronic form. The departure of an employee is at the root of most trade secret and restrictive covenant litigation. Therefore, when an employee departs, the timely preservation of ESI must be a standard operating procedure. In this episode of Spilling Secrets, Epstein Becker Green attorneys and and special guest , Managing Director of iDiscovery Solutions, discuss the complicated field of digital forensics and how employers can effectively manage ESI. is a special monthly podcast series about the future of non-compete and trade secrets law. Visit our site for this week's Other Highlights and links: Subscribe - . Visit . This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. /episode/index/show/eltw/id/31897427