Employment Law This Week
For employers navigating risk, workforce, and the bottom line. Employment Law This Week® delivers the employment and labor developments that matter—without the noise. Part of the Epstein Becker Green Insights Network.
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Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers
08/12/2026
Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers
What employers should know about key developments this week: DOL Opinion Letter FLSA2026-9: The U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) evaluated several real-world scenarios—such as an employee working from home in the morning to avoid traffic before commuting in later—and concluded that voluntary midday travel between home and the office qualifies as “normal” or “ordinary” commuting, and need not be compensated, even where the employee performs work at both locations. DOL Opinion Letter FLSA2026-10: In a second letter, the WHD distinguished between commute-related tasks that are merely incidental to travel and those that are integral to job duties. Specifically, the WHD found that time spent by the employee in question receiving pages or assignments was not compensable, while time spent calling clients or scheduling appointments was compensable. Why These Letters Matter: Work increasingly happens in noncontinuous blocks across different locations, raising new questions about when travel time is compensable. While WHD opinion letters aren't binding on courts, they provide guidance for employers; the agency has issued 12 so far in 2026, with more expected. In this episode of Employment Law This Week®, Epstein Becker Green attorneys and discuss the two opinion letters and their implications for compensable travel time. - Visit our site for this week’s video edition and more news: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Change Is Coming from the EEOC—but When?
08/05/2026
Change Is Coming from the EEOC—but When?
What employers should know about key developments this week: U.S. Equal Employment Opportunity Commission (EEOC) Regulatory Agenda: The EEOC is pursuing sweeping changes aligned with the current administration’s deregulatory priorities, including rescission of decades-old guidance on discrimination. EEO-1 Reporting Changes: A proposed rule to eliminate EEO-1 and companion reporting requirements is in the public comment stage (comments are due August 24), but employers should maintain current data collection practices pending final action. Revisions to Pregnant Workers Fairness Act (PWFA) Regulations: The EEOC’s regulatory agenda includes plans to revise the PWFA regulations, although it offers little detail beyond reinterpreting the words “pregnancy, childbirth, or related medical conditions.” The EEOC expects to issue its proposed revisions in November. In this episode of Employment Law This Week®, Epstein Becker Green attorney breaks down the EEOC’s stated regulatory priorities and what employers should do while changes move through the regulatory pipeline. - Visit our site for this week’s video edition and more news: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time
07/29/2026
New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time
What employers should know about key developments this week: Severance Agreement Overhaul: The No Severance Ultimatums Act, awaiting Governor Kathy Hochul’s signature, would extend a 21-day review period plus a seven-day revocation period to all employees and require severance agreements to explicitly state that the employee has the right to consult counsel. The legislation would take effect immediately upon signature. Trapped at Work Act Amendments: On December 19, 2026, New York’s ban on “stay or pay” promissory notes takes effect. The Trapped at Work Act carves out financial bonuses and wage advances and adds new conditions for tuition repayment agreements. New York joins California and Connecticut in banning certain promissory notes. Earned Safe and Sick Time Act Update: Amended Earned Safe and Sick Time Act rules, now in effect for New York City employers, require 32 hours of unpaid protected time off immediately upon hire and set new obligations for employers that use electronic systems to track sick leave balances for departing employees. In this episode of Employment Law This Week®, Epstein Becker Green attorney discusses the No Severance Ultimatums Act and what employers should be doing now to prepare their severance agreements ahead of the governor’s signature. - Visit our site for this week’s video edition and more news: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Beyond the EEOC: The Widening Divide in Disparate Impact Enforcement
07/15/2026
Beyond the EEOC: The Widening Divide in Disparate Impact Enforcement
What employers should know about key developments this week: EEOC’s New Direction: The Equal Employment Opportunity Commission (EEOC) has scrapped its two-year-old enforcement priorities and rescinded 40-year-old affirmative action guidance in favor of a federal strategy that deprioritizes disparate impact liability and focuses enforcement on disparate treatment claims. State-Level Backlash: Multiple states—including California, Colorado, Connecticut, Illinois, Massachusetts, Minnesota, New Jersey, and New York—have expanded or maintained disparate impact liability in their civil rights laws, creating direct conflict with federal EEOC priorities. AI and Automated Hiring at Risk: The divergence between federal and state regulators leaves employers uncertain about compliance when using facially neutral employment technologies, including artificial intelligence (AI)-driven hiring tools and standardized testing validation. In this episode of Employment Law This Week®, Epstein Becker Green attorney discusses the EEOC’s shift in focus from disparate impact to disparate treatment enforcement and what it means for multistate employers navigating a regulatory patchwork. - Visit our site for this week’s video edition and more news: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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The NLRB Is No Longer Independent—What Employers Need to Know
07/08/2026
The NLRB Is No Longer Independent—What Employers Need to Know
What employers should know about key developments this week: Agencies Lose Their Independence: In Trump v. Slaughter, the U.S. Supreme Court held that federal agencies such as the National Labor Relations Board (NLRB) are not “independent.” The NLRB’s Board members and General Counsel serve at the President’s pleasure and can be removed at any time, for any reason—or for no reason. The Ripple Effect on the NLRB: Although the Slaughter ruling doesn’t affect other positions at the NLRB, it has the potential to have a significant trickle-down effect on those who report to the NLRB’s Board members or General Counsel. This will likely be compounded by the administration’s efforts to remove civil service protections for many positions at the NLRB as well as other agencies. A New Circuit Split on the Standard for Section 10(j) Injunctions: Applying the traditional four-part test for the first time since the Supreme Court’s decision in Starbucks v. McKinney, the U.S. Court of Appeals for the Sixth Circuit declined to accept an NLRB Regional Director’s contention that irreparable harm would result from an employer’s refusal to bargain, splitting with the Ninth and Fourth Circuits over the standard for granting injunctive relief under Section 10(j) of the National Labor Relations Act. In this episode of Employment Law This Week®, Epstein Becker Green attorneys and break down how the Supreme Court’s latest term is reshaping the NLRB and the standards courts use when reviewing its actions. - Visit our site for this week’s video edition and more news: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Fertility Benefits, Medical Marijuana, and Whistleblower Protections
07/01/2026
Fertility Benefits, Medical Marijuana, and Whistleblower Protections
What employers should know about key developments this week: Federal Agencies Propose Fertility Benefit Expansion: The U.S. Departments of Labor, Health and Human Services, and the Treasury have issued a proposed rule to allow employers to provide fertility coverage as a limited excepted benefit, exempt from the Affordable Care Act and the Health Insurance Portability and Accountability Act’s portability requirements. DOT Clarifies Medical Marijuana in Drug Tests: The U.S. Department of Transportation (DOT) has confirmed that a positive drug test for marijuana is disqualifying, regardless of whether the employee has a state medical marijuana license. Massachusetts Court Upholds Whistleblower Protections: According to the Massachusetts Supreme Judicial Court, whistleblowers in the state are protected, even if they’re complicit in the violation. - Visit our site for this week’s video edition and more news: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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States Are Now Writing the Workplace AI Rules
06/17/2026
States Are Now Writing the Workplace AI Rules
What employers should know about key developments this week: States Lead on Workplace AI: With federal regulators slowing new rules, individual states are setting their own requirements for employers that use artificial intelligence (AI), creating a patchwork for multistate workforces. California’s Executive Order: Governor Gavin Newsom issued an executive order (EO) targeting AI-driven labor market disruption and directing state agencies to recommend updates to California’s Worker Adjustment and Retraining Notification (WARN) Act for AI-related mass layoffs. Connecticut’s New AI Law: Beginning October 1, 2027, employers must give written notice to applicants and employees when AI substantially influences a hiring, promotion, discipline, or termination decision. In this episode of Employment Law This Week®, Epstein Becker Green attorneys and break down two state actions shaping AI in the workplace: California Governor Newsom’s EO on labor protections in the age of AI, and Connecticut’s new transparency and nondiscrimination requirements for employers. - Visit our site for this week’s video edition and more news: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims
06/10/2026
Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims
What employers should know about key developments this week: Two Federal Agencies Target DEI: The U.S. Department of Labor (DOL) is urging its employees to file whistleblower complaints and report diversity, equity, and inclusion (DEI) activities that violate the administration’s ban. Additionally, the Equal Employment Opportunity Commission released a 2025-2029 National Enforcement Plan that prioritizes enforcement against DEI-related discrimination. DOL Opinion Letters: The DOL’s Wage and Hour Division published four opinion letters addressing overtime exemptions, bonuses, meal breaks, and compensable work. While these letters do not signal dramatic shifts in the DOL’s position, they provide greater clarity, consistency, and transparency. PAGA Standing: A California appeals court held that an employee who loses in individual arbitration may also lose standing to bring a representative claim under the Private Attorneys General Act (PAGA). - Visit our site for this week’s video edition and more news: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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EEO-1 Reports, Remote Work, and Non-Compete Restrictions in Tennessee
06/03/2026
EEO-1 Reports, Remote Work, and Non-Compete Restrictions in Tennessee
What employers should know about key developments this week: EEOC Proposes Eliminating EEO-1 Reports: The Equal Employment Opportunity Commission (EEOC) is proposing the complete elimination of EEO-1 reports (which include employee demographic data, such as race and gender), along with the rescission of EEO-2, EEO-3, EEO-4, and EEO-5 reports. Fifth Circuit Rules on Remote Work Accommodations: The U.S. Court of Appeals for the Fifth Circuit found that in-person attendance is an essential job function and that COVID-era accommodations do not define that standard today—a ruling that could prove informative as more employers implement return-to-office policies. New Non-Compete Restrictions in Tennessee: Beginning July 1, 2026, non-compete agreements will be unenforceable in Tennessee for employees who earn less than $70,000 a year (inclusive of wages, salary, commissions, nondiscretionary bonuses, and other forms of remuneration). - Visit our site for this week’s Other Highlights and links: Sign up for notifications: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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State Pay Transparency Laws in 2026: Maine and Virginia Join the Ranks
05/20/2026
State Pay Transparency Laws in 2026: Maine and Virginia Join the Ranks
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. Evolving Pay Equity Landscape: From salary history bans to pay transparency mandates, states continue to layer on new pay equity requirements, making proactive human resources (HR) training and policy audits more critical than ever. In this episode of Employment Law This Week®, Epstein Becker Green attorneys and discuss Virginia’s and Maine’s new pay transparency laws, how they differ from other state laws, what the growing patchwork of pay equity requirements means for employers, and the steps organizations should take now to prepare their recruiters, HR teams, and job posting practices. - Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Words Matter: How to Draft Arbitration Agreements That Hold Up in Court
05/13/2026
Words Matter: How to Draft Arbitration Agreements That Hold Up in Court
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 Programs: Employers should clearly identify their primary goals for an arbitration program, familiarize themselves with the chosen forum's rules, and ensure consistency across all arbitration provisions company-wide. In this episode of Employment Law This Week®, Epstein Becker Green attorneys and discuss how imprecise drafting can leave arbitration agreements vulnerable to court challenges, why AI-assisted drafting requires careful attorney oversight, and how employers can build a more defensible and strategically sound arbitration program. - Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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DOL's New Joint Employer Rule, Fifth Circuit FLSA Twist, and I-9 Irreversible Errors
05/06/2026
DOL's New Joint Employer Rule, Fifth Circuit FLSA Twist, and I-9 Irreversible Errors
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 a verdict denying overtime pay to a misclassified worker, finding that, under the FLSA, an employer cannot be liable for overtime of which it had no knowledge. I-9 and Accessibility Rules Tighten: Immigration and Customs Enforcement has reclassified nearly all Form I-9 errors as uncorrectable "substantive" violations subject to significant fines. Separately, health care organizations receiving Department of Health and Human Services funding face a May 11 web accessibility deadline that is not covered by the Department of Justice's recent Americans with Disabilities Act Title II extension. Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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NLRB Could Soon Have a Three-Person Republican Majority
04/29/2026
NLRB Could Soon Have a Three-Person Republican Majority
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. Key Precedents on the Chopping Block: With a third Republican vote, the Board is expected to revisit the captive audience meeting rule, the Cemex bargaining order decision, Thryv’s expanded remedies, and standards for evaluating employer work rules. In this episode of Employment Law This Week®, Epstein Becker Green attorney discusses what a three-person Republican majority on the NLRB would mean for employers and which Biden-era precedents are most likely to be reconsidered. Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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The Administration’s Focus on DEI Moves from Words to Action
04/22/2026
The Administration’s Focus on DEI Moves from Words to Action
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 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 and unpack the administration's escalating DEI enforcement actions. Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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401(k) Alternative Assets, NLRB Removal Protections, and Military Leave Requests
04/15/2026
401(k) Alternative Assets, NLRB Removal Protections, and Military Leave Requests
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. president's ability to remove members of the NLRB and administrative law judges—marking the first time the Board itself has taken this position. Compliance with Military Leave Requests: Amid ongoing global conflicts, employers should prepare for an influx of military leave requests and review their obligations under the federal Uniformed Services Employment and Reemployment Rights Act, as well as any applicable state law. Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Employer AI Headaches: Job Postings, Client Privilege, and Microchip Bans
04/08/2026
Employer AI Headaches: Job Postings, Client Privilege, and Microchip Bans
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 U.S. citizens—highlighting the need for employers to keep a human in the loop when using AI in hiring. Washington Bars Mandatory Employee Microchipping: Starting in mid-June 2026, Washington State will prohibit mandatory employee microchip implants, joining more than a dozen states that have banned the practice. Colorado Works to Repeal 2024 AI Law: A working group has proposed repealing and replacing Colorado's comprehensive AI law before its June 30, 2026, effective date, which would remove onerous compliance and reporting obligations on employers, including small businesses. Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Is Cemex Still Valid? Sixth Circuit Creates Uncertainty
04/01/2026
Is Cemex Still Valid? Sixth Circuit Creates Uncertainty
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 widely expected to reject Cemex outright when the appropriate case arises—thereby restoring the long-standing framework requiring unions to win a representation election before gaining recognition. In this episode of Employment Law This Week®, Epstein Becker Green attorney provides insights on the Sixth Circuit's decision and what it means for employers navigating union recognition demands. - Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Spilling Secrets: Non-Competes in 2026: FTC Signals Major Policy Shift
03/25/2026
Spilling Secrets: Non-Competes in 2026: FTC Signals Major Policy Shift
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 continue focusing on non-competes involving health care professionals. In this episode of Spilling Secrets, Epstein Becker Green attorneys and break down what the FTC’s new approach means for employers, including key enforcement priorities and compliance tips. - Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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NLRB Shifts Enforcement, DOL’s Non-Union Focus, and EEOC’s DEI Crackdown
03/18/2026
NLRB Shifts Enforcement, DOL’s Non-Union Focus, and EEOC’s DEI Crackdown
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 to address issues in unionized workplaces. • Equal Employment Opportunity Commission (EEOC) Cracks Down on Diversity, Equity, and Inclusion (DEI) Policies: EEOC Chair Andrea Lucas issued a warning that preference-based diversity policies may violate Title VII of the Civil Rights Act of 1964 and signaled a return to systemic investigations and large-scale litigation. Download our DEI Compliance Audit Checklist: Review DEI-related employment practices. Ensure compliance with applicable federal laws. Align organizational policies with established best practices. Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. Our attorneys advise clients at every stage of their business lifecycle, delivering practical, results-driven counsel that shapes strategy, accelerates growth, and safeguards what matters most. We serve organizations of every size, from emerging startups to Fortune 100 companies, across the health care, life sciences, financial services, retail, hospitality, and technology industries, with sound legal solutions they can depend on when it counts. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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NLRB and DOL Take Action on Joint Employer and Independent Contractor Rules
03/11/2026
NLRB and DOL Take Action on Joint Employer and Independent Contractor Rules
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 economic realities and the actual practices of the parties rather than just the contractual agreements. In this episode of Employment Law This Week®, Epstein Becker Green attorneys and provide insights on the NLRB and DOL regulations, examining what these developments mean for employers. Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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NYC Enforcement Blitz, CA Surveillance Pricing, and PA Criminal History Rule Update
03/04/2026
NYC Enforcement Blitz, CA Surveillance Pricing, and PA Criminal History Rule Update
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 state is focusing on the retail, grocery, and hotel industries. · Pennsylvania Expands Background Check Law: A U.S. Court of Appeals for the Third Circuit ruling broadens Pennsylvania’s Criminal History Record Information Act to include restrictions and notice requirements, even for voluntarily disclosed criminal history. - Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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How to Respond to Employee Concerns About ICE Investigations
02/25/2026
How to Respond to Employee Concerns About ICE Investigations
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 Unprepared: Failing to plan can prolong ICE visits, harm your organization’s reputation, and negatively impact employee morale and retention. Action Steps for Employers: Implement clear, actionable policies and procedures, develop checklists for staff response, and conduct I-9 audits in advance to ensure documentation is current. In this episode of Employment Law This Week®, Epstein Becker Green attorneys and provide practical steps for employers to strengthen compliance with federal regulations, communicate confidently with staff, and mitigate risk in a rapidly evolving enforcement landscape. - Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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What Do Federal DEI Crackdowns Mean for Employers?
02/18/2026
What Do Federal DEI Crackdowns Mean for Employers?
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, framing some DEI practices by federal contractors as potential fraud against the government. Epstein Becker Green attorneys and detail these developments in this episode of Employment Law This Week®. Gain the practical guidance needed to assess risk, review external communications, and remain compliant in this evolving landscape. - Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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#WorkforceWednesday: DOL Compliance Tools & PBM Regulation, NLRB Intake Updates
02/11/2026
#WorkforceWednesday: DOL Compliance Tools & PBM Regulation, NLRB Intake Updates
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 for PBMs The DOL has issued a proposed regulation, now open for comment, aimed at increasing transparency from PBMs. The proposal would mandate PBMs to disclose the full scope of fees, rebates, and compensation. Additionally, the DOL’s Employee Benefits Security Administration has unveiled a significant overhaul of its enforcement priorities for 2026. NLRB Adjusts Intake Procedure Faced with a significant number of pending cases due to the government shutdown and staffing issues, the NLRB has instituted a new intake procedure for unfair labor practice charges. - Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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#WorkforceWednesday: Remote Work and Disability Discrimination: What Employers Need to Know
02/04/2026
#WorkforceWednesday: Remote Work and Disability Discrimination: What Employers Need to Know
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. Retaliation Risk: Even where denying remote work is lawful, retaliation claims may still arise based on the timing or circumstances of the denial. In this episode of Employment Law This Week®, Epstein Becker Green attorney , discusses what the ruling means for employers navigating remote work requests and disability accommodations. - Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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#WorkforceWednesday: “Stay or Pay” Agreements, Developing Immigration News, EEOC Power Shift
01/28/2026
#WorkforceWednesday: “Stay or Pay” Agreements, Developing Immigration News, EEOC Power Shift
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 Mamdani’s employment priorities, including newly enacted laws on sick leave and “Stay-or-Pay” agreements. Administration Pauses H-1B Fee and Immigrant Visas A federal judge ruled that the Trump administration may impose a new $100,000 fee on H-1B visa petitions filed after September 21, 2025, though the U.S. Chamber of Commerce has appealed. Separately, the U.S. Department of State announced an indefinite pause on immigrant visa issuance for residents of 75 countries. EEOC Clears Path for Faster Policy Changes The Equal Employment Opportunity Commission (EEOC) has scrapped its internal voting procedures, giving Chair Andrea Lucas the power to set agendas and decide when and how votes proceed without public input. - Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.
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#WorkforceWednesday: FMLA and FLSA Compliance in 2026—New DOL Opinion Letters and Emerging Risks
01/14/2026
#WorkforceWednesday: FMLA and FLSA Compliance in 2026—New DOL Opinion Letters and Emerging Risks
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 now have paid leave laws that interact with the FMLA, creating a complex compliance landscape. In this episode of Employment Law This Week®, Epstein Becker Green attorney discusses what these FMLA clarifications and the patchwork of state laws mean for employers. Mini-Family and Medical Leave Laws: Are You Up to Speed? - Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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#WorkforceWednesday: Employment Law in 2026: What to Expect
01/07/2026
#WorkforceWednesday: Employment Law in 2026: What to Expect
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. Real-Time Compliance: Employers should adopt real-time compliance monitoring to address wage violations and retaliation risks early. Discover more predictions and practical guidance—watch the full episode now. - Visit our site for this week’s Other Highlights and links: Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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#WorkforceWednesday: Top Employment Law Changes of 2025
12/17/2025
#WorkforceWednesday: Top Employment Law Changes of 2025
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 abandoned its proposed nationwide ban on non-compete agreements, while states such as Florida and Kansas enacted employer-friendly laws. Employers face a rapidly evolving legal landscape, and understanding the nuances of 2025’s changes is essential for effective planning and compliance in 2026. - Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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Spilling Secrets: 2025 Non-Compete Year in Review
12/10/2025
Spilling Secrets: 2025 Non-Compete Year in Review
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 employer-friendly jurisdiction with the new Contracts Honoring Opportunity Investment Confidentiality and Economic Growth Act, which explicitly permits restrictive covenants lasting up to four years. State Laws Evolve: Key state-level non-compete bills are pending in Illinois, Washington, and New York—employers should stay updated. Epstein Becker Green attorneys , , and break down these critical developments in this episode of Spilling Secrets. Visit our site for this week’s Other Highlights and links: Download our Wage & Hour Guide for Employers app: . Subscribe to #WorkforceWednesday: Visit - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
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