Advertise on podcast: Employment Law This Week

What employers should know about key developments this week: ·       False Claims Act Exposure: The Department of Justice's (DOJ's) Civil Rights Fraud Initiative is scrutinizing any entity that contracts with or receives funding from the federal government whose diversity, equity, and inclusion (DEI) practices may violate the False Claims Act. ·       April 25 Deadline for Federal Contractors: A new executive order requires federal contractors and their subcontractors to certify that they will not engage in discriminatory DEI programs. Federal contractors must act now to meet the looming compliance deadline. ·       Multifront Enforcement Risk for All Employers: Private employers should also take note—investigations, subpoenas, and contract obligations are hitting from multiple directions, often before litigation even begins, as the DOJ and the Equal Employment Opportunity Commission signal aggressive enforcement of anti-discrimination laws. In this episode of Employment Law This Week®, Epstein Becker Green attorneys Leah Brownlee Taylor and Lauri F. Rasnick unpack the administration's escalating DEI enforcement actions. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw431 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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.  EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.  

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: https://www.ebglaw.com/eltw430 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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.  EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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: https://www.ebglaw.com/eltw429 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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.  EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.    

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 Steven M. Swirsky 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: https://www.ebglaw.com/eltw428 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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.  EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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 Daniel R. Levy and Gianna Dano 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: https://www.ebglaw.com/eltw427 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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.  EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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. Download Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw426 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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. www.ebglaw.com  This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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 Erin E. Schaefer and Jeffrey H. Ruzal 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: https://www.ebglaw.com/eltw425 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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 cracking down on violations 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: https://www.ebglaw.com/eltw424 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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 Melissa L. Jampol and Thomas J. Jaworski 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: https://www.ebglaw.com/eltw423 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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 Susan Gross Sholinsky and Daniella Lee 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: https://www.ebglaw.com/eltw422 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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: https://www.ebglaw.com/eltw421 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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.

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 Eric I. Emanuelson, Jr., 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: https://www.ebglaw.com/eltw420 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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. Register here. 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: https://www.ebglaw.com/eltw419 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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.

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 Genevieve Murphy-Bradacs 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?  VIEW MAP - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw418 Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

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: https://www.ebglaw.com/eltw417 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - 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. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.