Employment Law This Week

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-...

What's the secret to winning a trade secret trial? Find out in this compelling episode of  Spilling Secrets , where Epstein Becker Green attorneys Katherine G. Rigby , James P. Flynn , and Adam Paine break down the art of navigating these high-stakes cases. From designing winning courtroom tactics and leveraging key witnesses to using storytelling as a tool to clarify complex trade secret claims,...

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 board member disputes and ongoing court battles, adding layers of uncertainty. This week's key topics include...

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 enacted a law permitting non-competes while sett...

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'...

State laws are rapidly stepping in to regulate AI in the absence of federal legislation, with at least 45 states introducing AI-related bills this year. Hear from Epstein Becker Green attorney Frances M. Green as she outlines how employers can navigate this evolving landscape by developing governance policies and providing clear training and guidelines to ensure the safe, transparent, and accounta...

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 investiga...

President Trump's executive orders against diversity, equity, and inclusion (DEI) are back in effect after the U.S. Court of Appeals for the Fourth Circuit stayed a nationwide injunction, posing new compliance challenges for federal contractors. In this week's episode, Epstein Becker Green attorneys Nathaniel M. Glasser and Frank C. Morris, Jr. , outline the implications for employers, focusing on...

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...

President Trump's two anti-DEI executive orders are  temporarily blocked , but some employers are adjusting policies and shifting the way they collect workforce data. While critical obligations, such as EEO-1 reporting, remain in place, the EEOC's acting chair has indicated the agency will prioritize addressing race and gender discrimination and bias. In this week's episode, Epstein Becker Green a...

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 dist...

In this episode of Spilling Secrets, Epstein Becker Green attorneys Daniel R. Levy , Aime Dempsey , and George Carroll Whipple, III, explore trade secrets through the lens of Oscar-nominated films, offering insights into protecting sensitive information in today's competitive landscape. Whether looking at a magical spellbook from Wicked or groundbreaking architectural designs in The Brutalist , th...

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 answers to frequently asked qu...

The regulatory environment for employers is undergoing significant changes. President Trump's removal of an NLRB member, the NLRB's general counsel , and two EEOC commissioners has left those agencies without a quorum, delaying decisions and creating uncertainty for employers. Meanwhile, the repeal of Executive Order 11246 has ended affirmative action requirements for federal contractors and grant...

On January 20, 2025, President Trump began his second term. On his first day back, he signed a record-breaking number of executive orders, many of which have a direct impact on both public- and private-sector employers. In this week's episode, we turn to Epstein Becker Green attorney Paul DeCamp to help clients make sense of this flurry of activity. Tune in as Paul outlines what employers can anti...

Group lift-outs are among the most challenging circumstances to navigate in the trade secrets and non-compete space. While possible in virtually every industry, they have become increasingly common in industries such as financial services, insurance, technology, and even design and apparel. In this episode of Spilling Secrets , Epstein Becker Green attorneys Peter A. Steinmeyer , A. Millie Warner...

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 20...

Happy New Year! As we kick off 2025, we're exploring key legal trends for employers, with a focus on the implications of the incoming Trump administration. In this episode, attorneys from Epstein Becker Green's Employment, Labor & Workforce Management practice discuss their predictions on how these changes could shape the employment law landscape in the year ahead. Visit our site for this week's O...

It has been a pivotal year for employers, marked by challenges to federal agency authority, sweeping state-level regulatory changes, and the looming impact of a presidential election poised to reshape labor laws nationwide. In this episode, attorneys from Epstein Becker Green's Employment, Labor & Workforce Management practice reflect on these challenges, address key client pain points, and share...

This year has been a rollercoaster for trade secrets and non-compete law. We've seen major legal battles at both the federal and state levels impacting employers across the nation. In this episode of Spilling Secrets , Epstein Becker Green attorneys Peter A. Steinmeyer , Daniel R. Levy , Katherine G. Rigby , A. Millie Warner , and Erik W. Weibust recap 2024's most significant updates, including th...

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...

With non-compete agreements facing continual legal pressure, what are some other ways employers can protect their trade secrets and IP? In this episode of Spilling Secrets , Epstein Becker Green attorneys Daniel R. Levy , Gregory J. Krabacher , and Hemant Gupta describe how IP audits and trade secret assessments can offer a uniquely targeted approach to protecting sensitive information, ensuring a...

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 polici...

Both political parties have called this the most consequential election in recent history, which means that this morning in your workplace, some employees are celebrating, and others might be feeling hurt, disappointed, or maybe even fearful. What can employers do to help? Epstein Becker Green attorneys Susan Gross Sholinsky and Michael S. Ferrell outline proactive strategies employers can adopt t...

Prepare to be spellbound this Halloween as we cast a magical twist on the realm of trade secrets and restrictive covenants! Whether you're a Gryffindor at heart or more of a Slytherin, there's something for every magical mind seeking to safeguard their organization's trade secrets. In this episode of Spilling Secrets , Epstein Becker Green attorneys A. Millie Warner , Jill K. Bigler , and Aime Dem...