Employment Law This Week

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 E...

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 port...

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 mark...

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 prio...

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...

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 employ...

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 bas...

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, fr...

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 Confirmati...

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...

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 P...

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 Comp...

What employers should know about key developments this week: Sixth Circuit Rejects C emex 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 jurisdict...

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, o...

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...

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 direc...

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 "surveilla...

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 leg...

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 oversig...

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—in...

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 accommoda...

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 cost...

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 leav...

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 a...

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 g...