Employment Law This Week

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 Tr...

This week, we're covering new Internal Revenue Service (IRS) guidance on reporting tips and overtime, a widened circuit split on National Labor Relations Board (NLRB) authority, and a delayed Senate Health, Education, Labor, and Pensions (HELP) committee vote on an NLRB nominee. No Fines for Incorrect Reporting of Tips and Overtime in 2025 New guidance from the U.S. Treasury Department and the IRS...

The EEOC, now under the leadership of Chair Andrea Lucas and with a quorum for the first time in months, is signaling shifts in enforcement priorities that could have significant implications for employers. What Employers Should Know: New Leadership:  Chair Lucas has emphasized a commitment to "upholding merit-based, colorblind equality" in workplace policies. Key Priorities:  Among the EEOC's key...

This week, we examine what employers should anticipate as the National Labor Relations Board (NLRB)—which currently has only one active member, a Democrat, and four vacancies—moves closer to regaining a quorum and resuming full operations. What Restoring a Quorum at the NLRB Could Mean for Employers For the first time in more than 10 months, the NLRB may soon have three members, reestablishing a q...

This week, we're covering the U.S. Department of Labor's (DOL's) launch of Project Firewall to enforce H-1B visa compliance and new guidance on stand-alone fertility benefits, as well as a federal court ruling voiding gender identity protections.  Project Firewall: An H-1B Enforcement Initiative The DOL has introduced Project Firewall, an initiative to enforce compliance with H-1B visa regulations...

This week, we discuss highlights from Epstein Becker Green's 44th Annual Workforce Management Briefing, which covered some of the most pressing issues for employers today. Top Employment Insights: 44th Annual Workforce Management Briefing Epstein Becker Green attorneys and clients from across the nation gathered in New York City this past week to share their insights on the latest developments in...

This week, we're covering an uptick in state-level employment law activity, federal court decisions on "captive audience" bans, and Rhode Island's new menopause accommodation requirements. State Legislative Activity Increases California has introduced new laws on paid sick leave, artificial intelligence, pay equity, and protections for tipped workers. Meanwhile, other states are also rolling out n...

This week, we explore the latest changes in state-level family and medical leave laws and how employers can stay compliant. How to Stay Compliant with 2026 State Family and Medical Leave Laws A wave of changes to state-level family and medical leave laws, set to take effect in 2026 and beyond—along with recent expansions—is adding to the already-complex patchwork of family and medical leave regula...

This week, we're covering the new H-1B visa fee, the Equal Employment Opportunity Commission's (EEOC's) closure of disparate impact cases, and recent key labor appointments. New Fee for H-1B Visas Employers must now pay $100,000 for each first-time H-1B petition filed on or after September 21, 2025. Current visa holders are not affected. Exceptions may apply, but details are limited. EEOC Shuts Do...

This week, we examine the Federal Trade Commission's (FTC's) decisions to drop its appeal of a federal court ruling striking down its proposed non-compete ban and to issue warnings to health care employers about using unreasonable restrictive covenants in employment agreements. FTC Backs Off Non-Compete Ban, Warns Health Care Employers   Although the FTC's decision to abandon its non-compete ban a...

This week, we examine how employers should address controversial employee social media activity, especially amid widespread social tension such as that seen after the murder of Charlie Kirk. Social Media and Employee Firings An employee's off-duty conduct can be grounds for termination, but disciplining employees always carries some risk . Recent online discussions surrounding the public murder of...

This week, we examine new artificial intelligence (AI) regulations in California impacting employers. AI in the Workplace: California Sets a New Compliance Standard   Starting October 1, 2025, new AI rules in California will change how businesses in the state use automated tools in hiring, promotions, and other workplace decisions. Key Takeaways for Employers Anti-Discrimination Measures: The new...

As religious rights in the workplace gain new attention, a recent OPM memo broadening religious accommodations for federal employees could impact employers everywhere—at home and in the office. Essential Impacts for Employers: The federal memo expands religious accommodations, including remote work. The Supreme Court's 2023 Groff v. DeJoy ruling raised the "undue hardship" standard, making it more...

This week, we're covering four key employer-focused developments: a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board's (NLRB's) authority, another Fifth Circuit decision restoring pregnant worker protections, the White House's reversal of a key non-compete executive order, and a court ruling against the Equal Employment Opportunity Commissi...

This week, we dig into the U.S. Court of Appeals for the Seventh Circuit's new Fair Labor Standards Act (FLSA) collective action notice standard, the U.S. Department of Labor's (DOL's) relaunched Payroll Audit Independent Determination (PAID) program, and the DOL's scaled-back approach to wage and hour investigation penalties. Seventh Circuit's New Standard for FLSA Notice  The Seventh Circuit has...

New guidance from Attorney General Bondi urges federal funding recipients to reassess DEI programs to ensure compliance with anti-discrimination laws. This memo highlights actions deemed "unlawful DEI," including race-based scholarships, preferential hiring, and misapplied "neutral" criteria. What This Means for Employers: Federal consequences : Noncompliance risks include funding revocation or Fa...

In  Harrington v. Cracker Barrel Old Country Store, Inc. , the Ninth Circuit ruled that, in FLSA collective actions, federal courts must evaluate personal jurisdiction before allowing notices to out-of-state employees in nationwide claims—a move that strengthens employers' ability to challenge these cases. Key Takeaways for Employers Jurisdiction matters: Courts must confirm jurisdiction before no...

This week, we look at the potential restoration of a quorum at the National Labor Relations Board ("NLRB" or "Board"), the U.S. Department of Labor's (DOL's) deregulatory initiatives, and lessons from a high-profile workplace incident at a Coldplay concert. NLRB May Regain Quorum Lacking a quorum, the NLRB is currently unable to issue decisions affecting workplace policies and disputes. On July 17...

This week, we're examining the Federal Trade Commission's (FTC's) stance on a federal non-compete ban, the expansive changes introduced by Florida's Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, and a pivotal ruling by the Supreme Court of the United States (SCOTUS) on pension withdrawal liabilities. FTC Delays Decision on Non-Compete Rule         T...

The OBBBA introduces major shifts for employers, transforming employee benefits, executive compensation, and workforce compliance. Are you prepared to adapt? Essential Impacts for Employers Dependent care and education benefits —higher flexible spending account limits and tax-favored student loan repayment programs Health savings accounts —expanded eligibility and coverage options for employees Ex...

Non-compete legislation is evolving rapidly at the state level, with new laws taking effect soon in Arkansas, Kansas, Virginia, and Wyoming. Looking ahead, pending bills in over a dozen states could reshape how employers approach restrictive covenants. In this episode, Epstein Becker Green attorneys Peter A. Steinmeyer , Daniel R. Levy , David J. Clark , and Carolyn O. Boucek discuss the new and p...

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, an...

On May 30, 2025, the DOL moved to eliminate the OFCCP, shifting key enforcement duties to other agencies. At the same time, the DOL has launched a new opinion letter program, expanding access beyond the Wage and Hour Division. Employers must navigate these changes while maintaining compliance with federal, state, and local anti-discrimination laws. Epstein Becker Green attorneys Kim Carter and Pau...

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 accommod...

EO 14281 poses significant challenges for employers because it seeks to limit disparate impact liability 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 shift...