Employment Law This Week

This week, we're examining the final mental health parity rules, a National Labor Relations Board (NLRB) memo on restrictive covenant limitations, and New York State's recently enacted workplace violence prevention law. Final Mental Health Parity Rules Released The U.S. Departments of Health and Human Services, Labor, and the Treasury recently issued final rules implementing new requirements and a...

The NLRB is facing significant legal challenges from employers after a series of controversial rulings. Could the NLRB's structure be at risk? Epstein Becker Green attorneys Stuart M. Gerson and Laura H. Schuman discuss how the NLRB's broad interpretation of their enforcement authority under the National Labor Relations Act has invited legal challenges. Additionally, they examine how the U.S. Supr...

This week, we're spotlighting the Federal Trade Commission's (FTC's) decision to withdraw from a federal labor pact; the Equal Employment Opportunity Commission's (EEOC's) report on alleged underrepresentation in science, technology, engineering, and mathematics (STEM)-related jobs; and an appellate court's affirmation of the National Labor Relations Board's (NLRB's)  McLaren Macomb decision.   FT...

The DOL recently clarified that its 2021 cybersecurity guidance applies to all ERISA-covered employee benefit plans, including health and welfare plans. This clarification raises important questions for employers regarding compliance and security. Epstein Becker Green attorneys  Brian G. Cesaratto and Samuel C. Nolan provide their analysis of the key cybersecurity considerations and best practices...

The Fifth Circuit  recently struck down the DOL's tip credit rule , finding that the agency had exceeded its authority under the Fair Labor Standards Act. However, that same court later upheld the DOL's authority to set a minimum salary threshold for overtime exemption. Epstein Becker Green attorney  Paul DeCamp , who represented the restaurant plaintiffs in the tip credit case alongside Kathleen...

On August 20, 2024, the U.S. District Court for the Northern District of Texas invalidated the FTC's non-compete ban , deeming it arbitrary and capricious and beyond the scope of the agency's statutory authority. In this episode of Spilling Secrets , Epstein Becker Green attorneys Peter A. Steinmeyer , Erik W. Weibust , and Paul DeCamp tell us more about the court's decision to block the ban, what...

This week, we're highlighting a few state-level employment issues, including the legal challenges faced by Staples, Inc., regarding the Massachusetts lie detector ban; New Jersey's implementation of a gender-neutral dress code for businesses; and the varying voting leave policies across states in preparation for the November election. Staples Sued Over Massachusetts's Lie Detector Notice In Massac...

On August 20, 2024, the U.S. District Court for the Northern District of Texas  blocked the FTC's ban on non-compete agreements nationwide. What does this mean for employers? Epstein Becker Green attorney Peter A. Steinmeyer tells us what employers should be doing now and outlines the implications of this decision on existing and future non-compete agreements. Download Our Free Survey on Non-Compe...

The DOJ's new Corporate Whistleblower Awards Pilot Program introduces significant changes for employers , particularly those in private health care and financial institutions. So, what details do employers need to be aware of? Epstein Becker Green attorney Gregory Keating describes how employers can protect their businesses and stay ahead of potential legal challenges. Visit our site for this week...

This week, we're looking at recent state-level changes and legal trends that have varying degrees of impact on employers. Massachusetts Pay Equity Law Massachusetts is the most recent state to enact a pay equity law. The law establishes new pay range disclosure requirements for employers that employ 25 or more employees in Massachusetts. Illinois Amends BIPA Illinois' new law limits penalties unde...

On July 23, 2024, a federal judge in Pennsylvania denied a motion to enjoin the FTC's non-compete ban. This ruling is in direct opposition to one by a district court in Texas that enjoined the ban in early July. In this episode of Spilling Secrets , Epstein Becker Green attorneys Peter A. Steinmeyer , A. Millie Warner, and Paul DeCamp look into their crystal ball and make their own predictions for...

Last week, a Texas district judge challenged the constitutionality of the NLRB's structure. Judge Albright of the U.S. District Court for the Western District of Texas  issued a preliminary injunction in favor of SpaceX, suggesting that the president's inability to dismiss NLRB administrative law judges and board members could be unconstitutional. Epstein Becker Green attorneys Steve Swirsky and E...

The FTC's ban on non-competes will go into effect on September 4, 2024, but legal challenges remain. So, how can employers prepare? In this episode of Spilling Secrets , Epstein Becker Green attorneys Peter A. Steinmeyer , Erik W. Weibust , and Paul DeCamp tell us more about how the U.S. Supreme Court's overruling of the Chevron doctrine might affect the FTC's ability to regulate non-competes. The...

This week, we're delving into the U.S. Supreme Court's recent overturning of the  Chevron doctrine and how this landmark decision is opening the floodgates for challenges against federal agencies. Visit our site for this week's Other Highlights and links:  https://www.ebglaw.com/eltw352 Subscribe to #WorkforceWednesday:  https://www.ebglaw.com/subscribe/ Visit  http://www. EmploymentLawThisWeek.co...

This week, we're examining California Governor Gavin Newsom's new deal that was brokered to amend the Private Attorneys General Act of 2004 (PAGA).    Last week, Governor Newsom announced that California's business and labor groups had come to an agreement to reform PAGA. Two legislative bills encompassing the agreed-upon PAGA reforms (AB 2288 and SB 92) were signed into law by Governor Newsom on...

There's a common misperception that ESI just means emails, but it's much more than that. ESI encompasses anything in digital or electronic form. The departure of an employee is at the root of most trade secret and restrictive covenant litigation. Therefore, when an employee departs, the timely preservation of ESI must be a standard operating procedure.   In this episode of Spilling Secrets , Epste...

This week, we're recapping recent U.S. Supreme Court (SCOTUS) decisions and their impact on employers across the country. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw349 Subscribe to #WorkforceWednesday®:  https://www.ebglaw.com/subscribe/ Visit  http://www. EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are...

This week, we're focused on the Equal Employment Opportunity Commission's (EEOC's) filing requirements for the EEO-1 Component 1 data. The EEOC requires private employers with 100 or more employees, as well as certain federal contractors, to submit EEO-1 reports annually. Yesterday, June 4, 2024, was the deadline for employers to file EEO-1 Component 1 data. Epstein Becker Green attorneys  Dean R....

This week, we're highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court's non-disparagement ruling, the U.S. Department of Labor's (DOL's) new artificial intelligence (AI) guidelines, and the DOL's restructuring of Occupational Safety and Health Administration's (OSHA's) regional operations. Visit our site for this week's Other Highli...

This week, we're detailing for employers the U.S. Department of Labor's (DOL's) expansion of overtime salary limits, the U.S. Equal Employment Opportunity Commission's (EEOC's) recently released sexual harassment guidance, and New York State's unprecedented mandatory paid prenatal leave. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw346 Subscribe to #Workfor...

On April 23, 2024, the Federal Trade Commission (FTC) announced its final rule banning virtually all non-compete agreements nationwide. Employers across the nation are looking for answers. In this episode of Spilling Secrets , Epstein Becker Green attorneys Peter A. Steinmeyer and Erik W. Weibust lay out the details of the ban, the legal challenges already underway,* and the actions employers shou...

This week, we're diving into arbitration agreements and learning some best practices for employers when crafting these agreements. Employers often include arbitration agreements in their onboarding and other employee materials. Arbitration agreements are an important tool for employers due to the relative speed and lower costs associated with arbitration compared to litigation. However, these agre...

This week, we're breaking down the U.S. Supreme Court's (SCOTUS's) new workplace discrimination decision, the Equal Employment Opportunity Commission's (EEOC's) final rule on the Pregnant Workers Fairness Act (PWFA), and whether the creator of artificial intelligence (AI) hiring tools should be liable for alleged bias by the tools.   Visit our site for this week's Other Highlights and links:  http...

Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to court is not always clear. In this episode of Spilling Secrets , Epstein Becker Green attorneys Katherine G. Rigby , Erik W. Weibust , Daniel L. Fahey , and Jill K. Bigler di...

This week, we're learning more about the Occupational Safety and Health Administration's (OSHA's) final rule on safety inspections, new COVID-19 guidance from the Centers for Disease Control and Prevention (CDC), and minimum wage updates from California (CA), New York City (NYC), and Virginia (VA). Visit our site for this week's Other Highlights and links:  https://www.ebglaw.com/eltw341 Subscribe...