Employment Law This Week Podcast

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 states that penalties will not be assessed for employers who fail to meet the new reporting requirements for cash tips and overtime compensation in 2025. Sixth Circuit Widens Circuit Split on NLRB Authority The U.S. Court of Appeals for the Sixth Circuit has joined the Third and Fifth Circuits in ruling that the NLRB's expanded "make whole" remedies are inconsistent with the National Labor Relations Act. NLRB Nomination Stalls A Senate HELP committee vote on NLRB nominee Scott Mayer, which was scheduled for November 19, was canceled. Confirmation of the nominee would restore the Board's quorum. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw414 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.

The EEOC, now under the leadership of Chair Andrea Lucas and with a full quorum for the first time in years, 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 priorities are protecting pregnant workers, addressing religious bias, and scrutinizing diversity, equity, and inclusion programs for potential reverse discrimination. Religious Focus: The EEOC is expected to issue new guidance on religious discrimination and accommodations.  In this episode of Employment Law This Week®, Epstein Becker Green attorney James D. Mackinson discusses the latest updates from the EEOC and what they mean for employers. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw413 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 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 quorum and potentially impacting employers significantly. What Employers Should Know: Nominees Pending: Two Republican nominees to the NLRB, as well as the NLRB's General Counsel nominee, are awaiting U.S. Senate confirmation. Backlog: Restoring a quorum would allow the NLRB to address its backlog of cases and resume issuing decisions. Majority Requirement: Historically, a three-vote majority has been needed to overturn major precedents, which the NLRB may lack until it includes at least three Republican members. In this episode of Employment Law This Week®, Epstein Becker Green attorney Corey P. Argust discusses the implications as the NLRB moves toward full operations. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw412 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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. The program aims to ensure employers follow federal guidelines while balancing U.S. workers' rights and businesses' needs for skilled foreign labor. DOL Issues Guidance for Fertility Treatments Employers can now offer stand-alone fertility benefits, such as in-vitro fertilization (IVF) coverage, as "excepted benefits" separate from traditional health plans under new guidance from the DOL. Federal Judge Strikes Down Gender Identity Protections A federal judge in the Southern District of Mississippi has voided a Biden-era rule that extended sex discrimination protections under the Affordable Care Act to include gender identity, raising questions about the future of gender-affirming care protections. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw411 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 labor and employment law. In this episode of Employment Law This Week, we hear from a few of the briefing's panelists about the critical issues their clients are currently facing. Key Topics of Discussion: Navigating Workplace Compliance and Litigation Risks: Panelists spoke about handling accommodation requests, defending class and collective claims, and refining termination strategies across varied regulatory landscapes. Adapting to Evolving Workforce Dynamics: Speakers explored managing diversity, equity, and inclusion initiatives; return-to-office mandates; and the rise in union activity. Governing AI and Technology: Panelists talked about ensuring responsible artificial intelligence (AI) adoption while addressing data privacy, liability, and ethical considerations. Epstein Becker Green attorneys featured in this podcast: Haley Morrison, Rishi Puri, Dov Lutzker, Erin E. Schaefer, Courtney McFate, Jill K. Bigler - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw410 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 new laws impacting employment practices. Courts Clash Over "Captive Audience" Bans Federal courts have issued conflicting rulings on state restrictions regarding employer-mandated meetings related to union organizing. Rhode Island Enacts First-Ever Menopause Law Through a new amendment to its Fair Employment Practices Act, Rhode Island has become the first state in the country to require employers with four or more employees to accommodate menopause symptoms. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw409 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 regulations across the country. In this episode of Employment Law This Week®, Epstein Becker Green attorney Eric I. Emanuelson, Jr., breaks down what's changing and how employers can prepare. What Employers Need to Know: New Programs: Delaware, Minnesota, and Maine are rolling out benefits in 2026, while Maryland's program is delayed until 2028. Expanded Coverage: States such as Washington and Colorado are broadening definitions of "family member" and adding new qualifying reasons for leave. Employer To-Dos: Review policies, update notices, and coordinate with payroll teams to ensure compliance. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw408 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 Down Disparate Impact Cases The EEOC has closed nearly all disparate impact cases following a recent executive order. These claims can still be pursued in court. The agency will also dissolve its Office of Enterprise Data and Analytics, although EEO-1 reporting requirements appear unchanged. Key Labor Roles Confirmed The Senate has confirmed Daniel Aronowitz as Assistant Secretary of Labor for the Employee Benefits Security Administration. Additionally, the Senate has confirmed over 100 other labor-related appointments—including 11 top labor positions—restoring a quorum at both the EEOC and the Merit Systems Protection Board. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw407 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.    

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 appeal may appear to favor employers, its recent warning letters to health care organizations make clear that regulatory scrutiny is far from over. Key Takeaways for Employers: Regulatory Spotlight on Health Care: The FTC has urged health care employers to review restrictive covenants for fairness and compliance. Patient Choice Concerns: Health care non-competes may limit patient access to providers, particularly in rural areas. Protection of Business Interests: Non-competes should be narrowly tailored to safeguard trade secrets, customer relationships, and other legitimate interests. In this episode, Epstein Becker Green attorneys E. John Steren and David J. Clark discuss the FTC's concerns for health care employers, offer guidance on revising non-compete agreements to withstand legal challenges, and explore alternative strategies to protect business interests. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw406 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 Charlie Kirk have spurred firings across the nation, leaving employers exposed to backlash for their action or inaction.  What Employers Need to Know: · "At-Will" Employment: While most employment is "at-will," allowing termination for nearly any reason, collective bargaining agreements or individual employment contracts may limit an employer's ability to terminate based on off-duty conduct. · Employer Monitoring: Employers may monitor employee activity on company devices and networks and can act on publicly available social media posts. · Reputational Harm: Even where off-duty conduct is protected, actions that damage an employer's reputation can still be grounds for discipline. In this episode of Employment Law This Week®, Epstein Becker Green attorney Kimberly C. Carter offers guidance on addressing employee social media activity, emphasizing the importance of clear, proactive policies to set expectations and outline consequences. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw405 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 regulations specifically target discriminatory practices in employers' use of automated decision systems (ADS). Recordkeeping Requirements: Employers are now mandated to retain all ADS records and data for a minimum of four years. Regulatory Precedent: California's proactive stance on AI regulation is anticipated to influence similar regulatory frameworks nationwide, establishing a precedent for other states. In this episode of Employment Law This Week®, Epstein Becker Green attorney Frances M. Green provides an essential breakdown of the new California regulations, including actionable insights on conducting risk assessments and aligning them with existing cybersecurity and privacy audits to ensure compliance. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw404 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 difficult for employers to deny religious accommodation requests. Accommodation requests are increasing, intersecting with remote work. These developments create new compliance challenges and potential legal risks for employers in the public and private sectors. Epstein Becker Green attorney Nancy Gunzenhauser Popper explains how to evaluate accommodation requests under the heightened standard and what the new federal memo could mean for your organization. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw403 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 This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 Commission's (EEOC's) early right-to-sue policy. NLRB Authority in Jeopardy The Fifth Circuit has ruled that the structure of the NLRB is likely unconstitutional, setting the stage for a potential U.S. Supreme Court review. Epstein Becker Green attorney Erin E. Schaefer tells us more. Fifth Circuit Restores Pregnant Worker Protections The Fifth Circuit also upheld the Pregnant Workers Fairness Act (PWFA), reversing a lower court's preliminary injunction. Employers must now ensure reasonable accommodations for pregnancy-related conditions under the PWFA. White House Rescinds Non-Compete Order The current administration has reversed President Biden's 2021 executive order on expansive antitrust enforcement, signaling a return to a more traditional approach to competition reviews. Court Strikes Down EEOC Right-to-Sue Policy A federal court has ruled against the EEOC's policy of automatically issuing early right-to-sue notices in discrimination cases, limiting the practice and its impact on claimants. - Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw402 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 introduced the Richards framework, a middle-ground standard for FLSA collective actions. This decision deepens the circuit split over notices to potential plaintiffs and could lead to Supreme Court involvement. Learn how this could impact your compliance strategies. DOL Relaunches PAID Program  The DOL has relaunched the PAID program, letting employers self-report FLSA violations to avoid litigation or liquidated damages. The program now covers select Family and Medical Leave Act corrections. Discover how this voluntary option supports compliance. Wage and Hour Investigation Penalties Scaled Back A new DOL directive reduces penalties during wage and hour audits. Liquidated damages won't apply in pre-litigation investigations but may still be pursued in litigation. See how this change could affect your risk management strategies.  -- Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw401 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 False Claims Act liability. Beyond federal funding: Private employers should also review DEI policies for legal risks. Focused best practices: Ensure inclusive environments, prioritize skills and qualifications, and eliminate demographic-driven criteria. Epstein Becker Green's Lauri Rasnick unpacks these developments in this week's Employment Law This Week®. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw400 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 notifying out-of-state employees. Limited forum shopping: Plaintiffs face limits to filing in unrelated jurisdictions. Stronger grounds for employers: Employers can challenge out-of-state claims with no forum ties. Arbitration implications: Courts may notify employees under arbitration agreements. In this episode of Employment Law This Week®, Epstein Becker Green attorney Courtney McFate describes the Harrington ruling and shares insights to help employers adapt and minimize costly lawsuits. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw399 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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, 2025, President Trump nominated two Republicans to fill vacant seats on the Board. Senate confirmation of the nominees is required to restore the Board's authority and ensure continued guidance for employers. DOL Begins Deregulation Push The DOL's deregulatory agenda could reshape compliance priorities for employers. Plans include 63 actions to roll back regulations and align with federal mandates. Coldplay Concert Exposes Workplace Romance  A viral "kiss cam" moment at a recent Coldplay concert led to the resignations of a CEO and a Chief People Officer and heightened legal exposure for their company. This is a reminder that employers must implement and consistently enforce relationship policies to prevent risk and uphold workplace credibility. --  Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw398 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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         The FTC requested an additional 60 days to decide if it will continue defending the non-compete ban, suggesting the rule may soon be withdrawn. Florida CHOICE Act Expands Non-Competes Florida's new CHOICE Act now allows non-compete agreements for covered employees to span up to four years, doubling the previous limit. The law also simplifies the process for employers to secure injunctive relief, making Florida one of the most employer-friendly states.  SCOTUS to Rule on Pension Withdrawal Liability SCOTUS will decide how pension withdrawal costs are calculated, which could mean significant financial changes for employers. - Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw397 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 Executive compensation rules—new tax implications for public companies and nonprofits Epstein Becker Green attorneys Elliot Katz and Lucas Peterhans break down these updates in this episode of Employment Law This Week®. Get the insights you need to stay ahead of these sweeping changes. Read more insights on the OBBBA from our benefits team: https://www.workforcebulletin.com/hot-dogs-fireworks-and-the-one-big-beautiful-bill-what-employers-need-to-know-about-the-employee-benefits-and-executive-compensation-changes Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw396 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 reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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 proposed state non-compete laws and their implications for employers, as well as alternative tools that can be used to address these restrictions. From expanded protections for low-wage workers in Virginia to Kansas's focus on non-solicit provisions, this episode offers actionable takeaways to help employers stay compliant. Visit our site for this week's other highlights and links: https://www.ebglaw.com/eltw395 Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. Watch the series and subscribe for email notifications: http://www.EmploymentLawThisWeek.com. 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.