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: Legal Shifts in 2025 Put Employer Non-Compete Strategies at Risk 06/25/2025

#WorkforceWednesday: Workplace ICE Raids Are Surging—Here’s How Employers Can Prepare 06/18/2025

#WorkforceWednesday: Workplace ICE Raids Are Surging—Here’s How Employers Can Prepare U.S. Immigration and Customs Enforcement (ICE) is ramping up worksite inspections and I-9 audits, presenting new challenges for employers nationwide. With no warning before an ICE visit, preparation is critical to minimizing risks and staying compliant. This week’s key topics include: · maintaining current I-9 forms for employees, · developing a written playbook for ICE raids, and · establishing post-raid protocols to protect and stabilize operations. Epstein Becker Green attorneys and join the show to provide practical guidance. From creating a proactive plan to knowing your rights during a raid, they break down the steps employers should take before, during, and after an ICE inspection to safeguard their operations. 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/37056255

#WorkforceWednesday: DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand 06/11/2025

#WorkforceWednesday: Abortion Protections Struck Down, LGBTQ Harassment Guidance Vacated, EEO-1 Reporting Opens 06/04/2025

#WorkforceWednesday: Abortion Protections Struck Down, LGBTQ Harassment Guidance Vacated, EEO-1 Reporting Opens This week, we cover the striking down of abortion protections for workers and LGBTQ harassment guidance, as well as the beginning of a brief EEO-1 reporting season (concluding on June 24). Abortion Protections for Workers Struck Down A Louisiana federal judge vacated portions of a rule implementing the Pregnant Workers Fairness Act that defined abortion as a medical condition and required accommodations. Federal Court Vacates LGBTQ Harassment Guidance The U.S. District Court for the Northern District of Texas has moved to strike portions of the Equal Employment Opportunity Commission’s (EEOC’s) guidance on workplace harassment against LGBTQ employees. The court ruled that the Biden-era EEOC guidance expanded “the scope of sex beyond the biological binary.” EEO-1 Reporting Opens with a Tight Deadline The EEO-1 reporting period is now open. All private employers in the United States with 100 or more employees are required to file, as are federal contractors with 50 or more employees that meet certain criteria. The deadline to file is just weeks away—June 24—so employers are moving quickly. — Download our Wage & Hour Guide for Employers app: . 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/36848075

#WorkforceWednesday: New Executive Order Targets Disparate Impact Claims Nationwide 05/21/2025

#WorkforceWednesday: New Executive Order Targets Disparate Impact Claims Nationwide EO 14281 poses significant challenges for employers because it but clashes with established state and local regulations and laws, such as New York City’s law regarding the use of automated employment decision tools. This tension underscores the increasing complexity of managing artificial intelligence (AI)-driven decision-making in the workplace amid shifting legal standards. This week’s key topics include: the scope of EO 14281; conflicts between EO 14281 and existing federal, state, and local laws; and best practices to mitigate risks in AI employment decisions. Epstein Becker Green attorneys and unpack these developments and provide employers with practical strategies to stay compliant and address critical workforce challenges. 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/36656215

#WorkforceWednesday: Independent Contractor Rule, EEO-1 Reporting, and New York Labor Law Amendment 05/14/2025

#WorkforceWednesday: Independent Contractor Rule, EEO-1 Reporting, and New York Labor Law Amendment This week, we're covering the U.S. Department of Labor's (DOL’s) decision to halt enforcement of the Biden-era independent contractor rule, the upcoming EEO-1 reporting season (starting on May 20), and New York State’s new labor law amendment, reducing damages for first-time frequency-of-pay violations. DOL Halts Enforcement of Independent Contractor Rule The DOL will no longer enforce the Biden-era independent contractor rule, which sought to tighten the criteria under which a hired worker can be considered an independent contractor for purposes of the Fair Labor Standards Act. The agency will now revert to the less stringent "economic realities" test. EEO-1 Reporting Begins Soon The proposed 2024 EEO-1 Component 1 data collection season is scheduled to begin on May 20, with a deadline to file by June 24. As expected, Component 2 pay data collection will not be required this year or in the coming years. New York Amends Labor Law to Limit Damages in Frequency-of-Pay Lawsuits New York Governor Kathy Hochul signed into law a budget bill that includes to the New York Labor Law that dramatically limits the relief employees can seek for first-time violations of frequency-of-pay provisions. 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/36563470

Spilling Secrets: Trade Secrets on Trial: Strategic Decisions for the Courtroom 05/07/2025

#WorkforceWednesday: 100 Days In: What Employers Need to Know 04/30/2025

#WorkforceWednesday: 100 Days In: What Employers Need to Know The current administration has reached the 100-day mark, and employers have faced sweeping changes and major policy shifts—but not everything has moved at the same pace. While DEI programs and workplace AI have faced significant revisions, other areas, such as the NLRB, have been marked by and ongoing court battles, adding layers of uncertainty. This week’s key topics include: DEI program scrutiny, independent agency challenges, rescinded policies from past administrations, and AI workplace guidance. In this special episode, Epstein Becker Green attorneys unpack these significant changes and provide actionable insights for navigating the regulatory and compliance chaos. 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/36372545

#WorkforceWednesday: Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo 04/23/2025

#WorkforceWednesday: Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo This week, we’re covering the relaxation of state-level non-compete rules, the recent block of Executive Order 14173’s diversity, equity, and inclusion (DEI)-related certification requirement, and a federal appeals court’s decision to pause a challenge to the Biden-era independent contractor rule. Non-Competes Eased in Kansas and Virginia Kansas has permitting non-competes while setting requirements for non-solicit provisions. Additionally, effective July 1, 2025, Virginia will for non-exempt employees. Federal Contractor DEI Rule Blocked In a lawsuit brought by Chicago Women in Trades, a federal judge paused a rule from Executive Order 14173 requiring federal contractors to certify that they don’t operate DEI programs that violate anti-discrimination laws, citing unclear definitions of “illegal” DEI programs Independent Contractor Rule in Limbo The U.S. Court of Appeals for the Fifth Circuit paused a challenge to the 2024 independent contractor rule, allowing the U.S. Department of Labor time to consider revising or replacing it. For now, the Biden-era rule remains in effect. 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/36277745

#WorkforceWednesday: Can the President Fire NLRB Members Without Cause? SCOTUS May Decide 04/16/2025

#WorkforceWednesday: Can the President Fire NLRB Members Without Cause? SCOTUS May Decide With presidential power over independent federal agencies entering uncharted territory, SCOTUS may soon revisit its 1935 Humphrey’s Executor decision, which limits a president’s ability to fire members of independent federal agencies—such as the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission—without cause. SCOTUS could choose to: reaffirm Humphrey’s Executor, overturn the case entirely (potentially politicizing agency functions), or define “for cause” and allow terminations only under stringent circumstances. Former Acting Attorney General of the United States and Epstein Becker Green attorney explores how a shift in this precedent could impact employers, industries, and the balance of federal power. 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/36187060

#WorkforceWednesday: Artificial Intelligence Regulations for Employers 04/09/2025

#WorkforceWednesday: EEOC/DOJ Joint DEI Guidance, EEOC Letters to Law Firms, OFCCP Retroactive DEI Enforcement 04/02/2025

#WorkforceWednesday: EEOC/DOJ Joint DEI Guidance, EEOC Letters to Law Firms, OFCCP Retroactive DEI Enforcement This week, we highlight new guidance from the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) on diversity, equity, and inclusion (DEI)-related discrimination. We also examine the Acting EEOC Chair’s letters to 20 law firms regarding their DEI practices, as well as the Office of Federal Contract Compliance Programs (OFCCP) Director’s orders to retroactively investigate affirmative action plans. EEOC and DOJ Warn DEI Policies Could Violate Title VII The EEOC and the DOJ on discrimination in DEI policies at work, warning that these policies could violate Title VII of the Civil Rights Act of 1964. Although the guidance does not define DEI, it provides clarity on the EEOC’s focus moving forward. Acting EEOC Chair Targets Law Firms Acting Chair Andrea Lucas sent letters to 20 law firms warning that their employment policies intended to boost DEI may be illegal. OFCCP Plans Retroactive DEI Enforcement A leaked internal email obtained by The Wall Street Journal reveals that newly appointed OFCCP Director Catherine Eschbach has ordered a review of affirmative action plans submitted by federal contractors during the prior administration. These reviews will be used to help determine whether a federal contractor should be investigated for discriminatory DEI practices. - 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/35974380

#WorkforceWednesday: Federal Contractors Alert: DEI Restrictions Reinstated by Appeals Court 03/26/2025

#WorkforceWednesday: New DOL Leadership, NLRB Quorum, EEOC Enforcement Priorities 03/19/2025

#WorkforceWednesday: New DOL Leadership, NLRB Quorum, EEOC Enforcement Priorities This week, we’re covering a change in leadership at the U.S. Department of Labor (DOL), the reinstatement of National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox (restoring a crucial quorum), and the Equal Employment Opportunity Commission’s (EEOC’s) focus on new enforcement priorities. New Leadership at the DOL Lori Chavez-DeRemer was sworn in as the U.S. Secretary of Labor on March 11, 2025, after receiving bipartisan support from the Senate. Secretary Chavez-DeRemer, a former congresswoman with strong backing from organized labor, is generally viewed as a centrist figure. NLRB Quorum Restored—for Now President Trump made waves when he fired NLRB member Gwynne Wilcox shortly after taking office. However, on March 6, a federal judge in the District of Columbia and instructed the NLRB Chair to restore Wilcox’s access to the Board and allow her to serve out the remainder of her five-year term. EEOC’s New Enforcement Priorities While many had anticipated a reduction in EEOC enforcement under the new administration, a series of announcements indicate that the agency is instead shifting its priorities and stepping up investigations in new areas, such as anti-American bias, antisemitism, and binary sex and related rights. Additionally, the EEOC has recently issued letters to 20 major law firms, raising concerns about their diversity and inclusion programs. The agency is investigating whether these programs may involve unlawful disparate treatment or classification based on race, sex, or other protected characteristics, in potential violation of Title VII of the Civil Rights Act of 1964. Employers should take note, as this development may signal a broader enforcement strategy. 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/35775480

#WorkforceWednesday: Should Employers Shift Workforce Data Collection Under President Trump? 03/12/2025

#WorkforceWednesday: Workplace Law Shake-Up: DEI Challenges, NLRB Reversals, and EEOC Actions 03/05/2025

#WorkforceWednesday: Workplace Law Shake-Up: DEI Challenges, NLRB Reversals, and EEOC Actions This week, we’re covering significant updates shaping workplace policies, including shifts in regulations and enforcement related to diversity, equity, and inclusion (DEI); evolving approaches to Equal Employment Opportunity Commission (EEOC) compliance; and recent changes in National Labor Relations Board (NLRB) guidance. Anti-DEI Executive Orders Blocked, but Employers Scale Back A Maryland district court significant portions of two anti-DEI executive orders signed in the early days of President Trump’s administration. This story is still developing, and last week, the Trump administration appealed the district court’s decision to the U.S. Court of Appeals for the Fourth Circuit. Regardless of whether the executive orders survive, many federal contractors and private businesses are assessing and adjusting DEI policies, programming, and public statements. EEOC Cracks Down on DEI and Gender Identity Policies Acting EEOC Chair Andrea Lucas said in a recent statement that the agency will seek to root out “unlawful DEI-motivated race and sex discrimination.” Lucas noted that the EEOC will also target the Biden administration's “gender identity agenda” as well as anti-American bias at private businesses. NLRB Rescinds Biden-Era Guidance Acting NLRB General Counsel William Cowan recently rescinded a group of Biden-era memos from former General Counsel Jennifer Abruzzo. With the firing of member Gwynne Wilcox in the first days of the Trump administration, the NLRB has no quorum and cannot currently issue decisions, but more reversals are likely coming. 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/35544200

Spilling Secrets: Trade Secrets in Hollywood: Lessons from Oscar-Nominated Films 02/26/2025

#WorkforceWednesday: Federal Agencies Begin Compliance Efforts Under Trump Administration 02/12/2025

#WorkforceWednesday: Federal Agencies Begin Compliance Efforts Under Trump Administration This week, we’re highlighting notable employment law updates from federal agencies and the courts, including the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the U.S. Court of Appeals for the Fifth Circuit. EEOC Releases FAQs on the State of the Agency The EEOC, under the leadership of Acting Chair Andrea Lucas, recently released (FAQs) following President Trump's series of executive orders affecting the agency. DOL Halts OFCCP Activity Under Rescinded Executive Order Acting Secretary of Labor Vince Micone recently issued an order directing the Office of Federal Contract Compliance Programs (OFCCP) to stop all enforcement activity under rescinded Executive Order 11246. DOL Independent Contractor Rule Paused The Fifth Circuit recently granted the DOL's request to delay oral arguments, and it seems likely that the independent contractor rule will be short-lived. 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/35255275

#WorkforceWednesday: How Will Trump’s Federal Changes Impact Employers? 02/05/2025

#WorkforceWednesday: How Will Trump’s Federal Changes Impact Employers? The regulatory environment for employers is undergoing significant changes. President Trump’s , and two EEOC commissioners has left those agencies without a quorum, delaying decisions and creating uncertainty for employers. Meanwhile, has ended affirmative action requirements for federal contractors and grantees. In this week’s episode, Epstein Becker Green attorneys and provide clarity amid these shifts. Employers should prepare for procedural delays from both agencies and reassess their compliance obligations under Title VII of the Civil Rights Act of 1964 and state or municipal contracts in light of reduced affirmative action requirements. 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/35161910

#WorkforceWednesday: Employment Law Changes Under President Trump 01/29/2025

Spilling Secrets: Trade Secret Litigation: Lessons from High-Stakes Group Exits 01/22/2025

#WorkforceWednesday: PAGA in California, NLRB Authority, New Employment Laws in 2025 01/15/2025

#WorkforceWednesday: PAGA in California, NLRB Authority, New Employment Laws in 2025 This week, while recognizing that it’s far from “business as usual” in California and keeping our friends and clients in mind, we look at a new ruling in California regarding Private Attorneys General Act (PAGA) arbitrations. We also examine a federal appeals court decision limiting the authority of the National Labor Relations Board (NLRB) and the flurry of new employment laws taking effect in 2025. PAGA Ruling in California In what’s seen as a win for California employers, the California Court of Appeal that every PAGA action necessarily includes an individual PAGA action. Third Circuit Limits NLRB’s Authority Over the last year, the NLRB expanded its enforcement priorities and tested the limits of its authority. But the U.S. Court of Appeals for the Third Circuit finished 2024 with a rebuke of those efforts, curbing the NLRB's authority to order legal relief. New Employment Laws in 2025 A new year brings , many of which took effect on January 1. Employers can stay up to date on local and state laws and regulations by downloading our , which is updated each February. 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/34866500

#WorkforceWednesday: Employment Law in 2025: A Look Ahead 01/08/2025

#WorkforceWednesday: 2024 Workforce Review: Top Labor and Employment Law Trends and Updates 12/18/2024

Spilling Secrets: 2024’s Biggest Trade Secrets and Non-Compete Developments 12/11/2024

#WorkforceWednesday: Biden’s Final Labor Moves 11/27/2024

#WorkforceWednesday: Biden’s Final Labor Moves This week, we're highlighting several last-minute changes from federal agencies before the Trump administration takes office. These include the National Labor Relations Board’s (NLRB’s) recent ban on captive audience meetings, a federal judge's decision to vacate the Department of Labor's (DOL’s) overtime rule, and the return of Wage and Hour Division opinion letters. NLRB Outlaws Captive Audience Meetings On November 13, 2024, the NLRB outlawed captive audience meetings, overturning nearly 80 years of precedent and removing a widely used tool for employers. Employers may still hold such meetings, but employee attendance cannot be mandatory. Federal Judge Strikes Down DOL Overtime Rule Earlier this year, the Biden administration's DOL released a raising the salary threshold for overtime pay. On November 15, 2024, a federal judge in Texas vacated this overtime rule nationwide, not only preventing future increases from taking effect but also retroactively nullifying the increases implemented in July. The Return of Wage and Hour Opinion Letters We saw more last-minute action this month with the sudden return of Wage and Hour Division opinion letters. One such letter addresses overtime calculations, and the other details the use of leave under the Family and Medical Leave Act. During his first term, President Trump issued about 80 letters, whereas President Biden, following President Obama's approach, has released only four, including the two this month. 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/34179695

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

Employment Law This Week Podcast

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