Employment Law This Week Podcast

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.

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, and ·         establishing post-raid protocols to protect and stabilize operations. Epstein Becker Green attorneys Jungmin Choi and Melissa Jampol join the show to provide practical guidance. From creating a proactive plan to knowing your rights during a raid, they break down the steps employers should take before, during, and after an ICE inspection to safeguard their operations. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw394 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.

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 Paul DeCamp provide their insights into these shifts and their likely future impact on employers. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw393 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.

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 accommodations. Federal Court Vacates LGBTQ Harassment Guidance The U.S. District Court for the Northern District of Texas has moved to strike portions of the Equal Employment Opportunity Commission's (EEOC's) guidance on workplace harassment against LGBTQ employees. The court ruled that the Biden-era EEOC guidance expanded “the scope of sex beyond the biological binary.” EEO-1 Reporting Opens with a Tight Deadline The EEO-1 reporting period is now open. All private employers in the United States with 100 or more employees are required to file, as are federal contractors with 50 or more employees that meet certain criteria. The deadline to file is just weeks away—June 24—so employers are moving quickly. — 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/eltw392 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.

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 shifting legal standards. This week's key topics include: the scope of EO 14281; conflicts between EO 14281 and existing federal, state, and local laws; and best practices to mitigate risks in AI employment decisions. Epstein Becker Green attorneys Marc A. Mandelman and Nathaniel M. Glasser unpack these developments and provide employers with practical strategies to stay compliant and address critical workforce challenges. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw391 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.

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-era independent contractor rule, which sought to tighten the criteria under which a hired worker can be considered an independent contractor for purposes of the Fair Labor Standards Act. The agency will now revert to the less stringent "economic realities" test. EEO-1 Reporting Begins Soon The proposed 2024 EEO-1 Component 1 data collection season is scheduled to begin on May 20, with a deadline to file by June 24. As expected, Component 2 pay data collection will not be required this year or in the coming years. New York Amends Labor Law to Limit Damages in Frequency-of-Pay Lawsuits New York Governor Kathy Hochul signed into law a budget bill that includes an amendment to the New York Labor Law that dramatically limits the relief employees can seek for first-time violations of frequency-of-pay provisions.  Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw390 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.

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, our panelists offer actionable insights and essential tips for safeguarding confidentiality and determining the right trial format to secure the best outcomes for your business. Visit our site for this week's other highlights and links: https://www.ebglaw.com/eltw389 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.

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: DEI program scrutiny, independent agency challenges, rescinded policies from past administrations, and AI workplace guidance. In this special episode, Epstein Becker Green attorneys unpack these significant changes and provide actionable insights for navigating the regulatory and compliance chaos. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw388 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.

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 setting requirements for non-solicit provisions. Additionally, effective July 1, 2025, Virginia will prohibit non-compete agreements for non-exempt employees. Federal Contractor DEI Rule Blocked  In a lawsuit brought by Chicago Women in Trades, a federal judge paused a rule from Executive Order 14173 requiring federal contractors to certify that they don't operate DEI programs that violate anti-discrimination laws, citing unclear definitions of “illegal” DEI programs Independent Contractor Rule in Limbo The U.S. Court of Appeals for the Fifth Circuit paused a challenge to the 2024 independent contractor rule, allowing the U.S. Department of Labor time to consider revising or replacing it. For now, the Biden-era rule remains in effect. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw387 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.

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's Executor,          overturn the case entirely (potentially politicizing agency functions), or          define “for cause” and allow terminations only under stringent circumstances. Former Acting Attorney General of the United States and Epstein Becker Green attorney Stuart Gerson explores how a shift in this precedent could impact employers, industries, and the balance of federal power. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw386 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.

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 accountable use of AI tools. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw385 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.

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 investigate affirmative action plans. EEOC and DOJ Warn DEI Policies Could Violate Title VII  The EEOC and the DOJ jointly released guidance on discrimination in DEI policies at work, warning that these policies could violate Title VII of the Civil Rights Act of 1964. Although the guidance does not define DEI, it provides clarity on the EEOC's focus moving forward. Acting EEOC Chair Targets Law Firms Acting Chair Andrea Lucas sent letters to 20 law firms warning that their employment policies intended to boost DEI may be illegal.  OFCCP Plans Retroactive DEI Enforcement A leaked internal email obtained by The Wall Street Journal reveals that newly appointed OFCCP Director Catherine Eschbach has ordered a review of affirmative action plans submitted by federal contractors during the prior administration. These reviews will be used to help determine whether a federal contractor should be investigated for discriminatory DEI practices. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw384 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.

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 the False Claims Act, whistleblower risks, and the need for certification of compliance with anti-discrimination laws. Tune in to learn what steps your organization can take to mitigate potential penalties and retaliation claims. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw383 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.

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 March 11, 2025, after receiving bipartisan support from the Senate. Secretary Chavez-DeRemer, a former congresswoman with strong backing from organized labor, is generally viewed as a centrist figure. NLRB Quorum Restored—for Now President Trump made waves when he fired NLRB member Gwynne Wilcox shortly after taking office. However, on March 6, a federal judge in the District of Columbia held that Wilcox was “illegally” fired and instructed the NLRB Chair to restore Wilcox's access to the Board and allow her to serve out the remainder of her five-year term. EEOC's New Enforcement Priorities  While many had anticipated a reduction in EEOC enforcement under the new administration, a series of announcements indicate that the agency is instead shifting its priorities and stepping up investigations in new areas, such as anti-American bias, antisemitism, and binary sex and related rights. Additionally, the EEOC has recently issued letters to 20 major law firms, raising concerns about their diversity and inclusion programs. The agency is investigating whether these programs may involve unlawful disparate treatment or classification based on race, sex, or other protected characteristics, in potential violation of Title VII of the Civil Rights Act of 1964. Employers should take note, as this development may signal a broader enforcement strategy. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw382 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.

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 attorneys Jill K. Bigler and Briar L. McNutt discuss how employers can balance compliance with federal, state, and international regulations while effectively mitigating risks. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw381 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.

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 district court temporarily blocked significant portions of two anti-DEI executive orders signed in the early days of President Trump's administration. This story is still developing, and last week, the Trump administration appealed the district court's decision to the U.S. Court of Appeals for the Fourth Circuit. Regardless of whether the executive orders survive, many federal contractors and private businesses are assessing and adjusting DEI policies, programming, and public statements. EEOC Cracks Down on DEI and Gender Identity Policies Acting EEOC Chair Andrea Lucas said in a recent statement that the agency will seek to root out “unlawful DEI-motivated race and sex discrimination.” Lucas noted that the EEOC will also target the Biden administration's “gender identity agenda” as well as anti-American bias at private businesses. NLRB Rescinds Biden-Era Guidance Acting NLRB General Counsel William Cowan recently rescinded a group of Biden-era memos from former General Counsel Jennifer Abruzzo. With the firing of member Gwynne Wilcox in the first days of the Trump administration, the NLRB has no quorum and cannot currently issue decisions, but more reversals are likely coming. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw380 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.

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, the discussion underscores how trade secrets intertwine with innovation, employee training, and organizational culture. Discover how Hollywood's biggest stories offer practical lessons for safeguarding your business's most valuable assets. Visit our site for this week's other highlights and links: https://www.ebglaw.com/eltw379. 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.

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 questions (FAQs) following President Trump's series of executive orders affecting the agency.  DOL Halts OFCCP Activity Under Rescinded Executive Order Acting Secretary of Labor Vince Micone recently issued an order directing the Office of Federal Contract Compliance Programs (OFCCP) to stop all enforcement activity under rescinded Executive Order 11246.  DOL Independent Contractor Rule Paused The Fifth Circuit recently granted the DOL's request to delay oral arguments, and it seems likely that the independent contractor rule will be short-lived. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw378 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.

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 grantees. In this week's episode, Epstein Becker Green attorneys Erin E. Schaefer and Courtney McFate provide clarity amid these shifts. Employers should prepare for procedural delays from both agencies and reassess their compliance obligations under Title VII of the Civil Rights Act of 1964 and state or municipal contracts in light of reduced affirmative action requirements. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw377 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.

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 anticipate from Trump 2.0 in the months ahead. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw376 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.

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, Alexander C.B. Barnard, and Haley Morrison explain the myriad of complications that can arise in these scenarios, ranging from trade secret and non-compete violations to work-related emotional and abandonment issues. Visit our site for this week's other highlights and links: https://www.ebglaw.com/eltw375. 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.

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 2025. PAGA Ruling in California In what's seen as a win for California employers, the California Court of Appeal recently ruled that every PAGA action necessarily includes an individual PAGA action. Third Circuit Limits NLRB's Authority Over the last year, the NLRB expanded its enforcement priorities and tested the limits of its authority. But the U.S. Court of Appeals for the Third Circuit finished 2024 with a rebuke of those efforts, curbing the NLRB's authority to order legal relief. New Employment Laws in 2025 A new year brings new laws and regulations, many of which took effect on January 1. Employers can stay up to date on local and state laws and regulations by downloading our Wage & Hour Guide for Employers app, which is updated each February. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw374 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.

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 Other Highlights and links: https://www.ebglaw.com/eltw373 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.

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 their insights on what the future may bring. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw372 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.

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 the Federal Trade Commission's non-compete ban, the National Labor Relations Board's general counsel memo, state-level trends, and much more. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw371 Subscribe - 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.

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 Meetings On November 13, 2024, the NLRB outlawed captive audience meetings, overturning nearly 80 years of precedent and removing a widely used tool for employers. Employers may still hold such meetings, but employee attendance cannot be mandatory. Federal Judge Strikes Down DOL Overtime Rule Earlier this year, the Biden administration's DOL released a final rule raising the salary threshold for overtime pay. On November 15, 2024, a federal judge in Texas vacated this overtime rule nationwide, not only preventing future increases from taking effect but also retroactively nullifying the increases implemented in July. The Return of Wage and Hour Opinion Letters We saw more last-minute action this month with the sudden return of Wage and Hour Division opinion letters. One such letter addresses overtime calculations, and the other details the use of leave under the Family and Medical Leave Act. During his first term, President Trump issued about 80 letters, whereas President Biden, following President Obama's approach, has released only four, including the two this month. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw370 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.

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 company has a grasp of the full scope of their assets. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw369 Subscribe - 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.

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 policies and enforcement priorities that promote activity. Just last week, in a case involving Starbucks, the NLRB overturned a 40-year precedent to restrict employers' ability to describe the consequences of unionization to employees. The incoming administration can make some immediate changes here, such as replacing the NLRB General Counsel, but replacing board members takes more time, and other factors beyond executive policy impact the organizing environment.  Courts Limit and Expand Protections The courts have both limited and expanded protections for union organizing. For example, the U.S. Court of Appeals for the Fifth Circuit revived a pilot union lawsuit for retaliation against union activity based on recent U.S. Supreme Court precedent. On the other hand, several  cases challenging the way NLRB members are appointed are working their way through the courts, setting up the possibility that President Trump could have a more immediate policy impact. Boeing Strike Highlights New Union Demands High-profile strikes and work stoppages could also impact future union activity, such as the recent Boeing strike. These labor actions could continue during the new administration as workers push for more benefits and protections. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw368 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.  

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 to prevent potential workplace incidents and describe protections surrounding political speech, as governed by laws like the National Labor Relations Act. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw367 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.

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 Dempsey team up with Kristen O'Connor—Senior Assistant General Counsel, Employment at Marsh & McLennan Companies—to wave their legal wands over topics such as Professor Snape's secret potion book, Hermione's clever jinxes, and much more.  Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw366 Subscribe - 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.

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 amending existing regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA). The new rules further MHPAEA's goal of ensuring equal benefits for mental and physical treatment. NLRB General Counsel Seeks to Expand Limits on Restrictive Covenants NLRB General Counsel Jennifer Abruzzo released a memo earlier this month focused on further limits to restrictive covenants. According to the memo, the NLRB will seek expanded make-whole remedies for workers who allegedly miss job opportunities due to noncompete agreements they were required to sign. Abruzzo also condemned so-called “stay-or-pay” agreements. New York Enacts Workplace Violence Prevention Law New York State recently enacted the Retail Worker Safety Act, requiring retail employers to adopt a workplace violence prevention policy, implement workplace violence training for employees, and more. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw365 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.

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. Supreme Court's Loper Bright decision is perceived to create a more favorable environment for contesting the NLRB's authority. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw364 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.

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.  FTC Exits Federal Labor Pact On September 27, 2024, the FTC announced its decision to withdraw from the antitrust merger agreement with three other federal agencies that it had signed in August. EEOC Alleges Significant Underrepresentation in High-Tech Sector  The EEOC recently issued a report that purports to show substantial underrepresentation of Black, Hispanic, and female workers across 56 STEM-related jobs.  Sixth Circuit Enforces NLRB Ruling on Severance Agreements In a per curiam ruling, the U.S. Court of Appeals for the Sixth Circuit has affirmed the NLRB's controversial McLaren Macomb decision.  Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw363 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.

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 for risk mitigation that employers should consider in light of the updated guidance. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw362 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.

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 Barrett, offers his interpretation of these significant court decisions and what they mean for employers. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw361 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.

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 legal challenges remain, and the key considerations for employers moving forward.  Download Our Free Survey on Non-Compete Laws Across All 50 States: https://www.ebglaw.com/50state Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw360 Subscribe - 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.  

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 Massachusetts, the Staples office supply chain has been sued for allegedly violating the state's lie detector ban, which, among other things, requires employers to include information about the ban on job applications. New Jersey's Gender-Neutral Dress Code  Businesses in New Jersey are now required to adopt a gender-neutral dress code for both patrons and employees. The state attorney general announced this new mandate after a restaurant was found to have violated New Jersey's Law Against Discrimination when it required a nonbinary customer to follow the men's dress code. Employers Must Prepare Voting Leave Policies Ahead of 2024 Election With the U.S. presidential election little more than 50 days away, employees are beginning to make voting plans. Now is the time for employers to check relevant laws in their state and review their policies. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw359 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.

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-Compete Laws Across All 50 States As non-compete laws rapidly evolve, it's crucial for businesses and human resources professionals to stay informed. Our survey summarizes key points about non-compete laws for each state and the District of Columbia. Download Here Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw358 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.

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's Other Highlights and links: https://www.ebglaw.com/eltw357 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.

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 under the Biometric Information Privacy Act (BIPA) and clarifies consent procedures. Employers can now be held liable only for a single violation per person rather than for each alleged use of biometric data. Michigan Supreme Court Reinstates Wage and Leave Laws In Michigan, employers will have to reckon with a new decision from the state's Supreme Court that reinstated two laws that were created through a public initiative. One law provides for annual increases to the minimum wage and a gradual elimination of a wage differential for tipped workers, while the other expands paid sick leave obligations.  Federal Courts Strike Down Controversial Florida Laws In Florida, a federal district court judge permanently blocked the state's Stop WOKE Act, which restricted workplace diversity, equity, and inclusion training. And a different federal judge in Florida overturned the state's ban on transgender health care. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw356 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.

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 how the FTC's non-compete ban may or may not survive in the courts. Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw355 Subscribe - 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.

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 Erin Schaefer provide their analysis of this ruling, its implications for employers, and the potential for similar challenges to arise across other jurisdictions. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw354 Subscribe - 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.

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. They also discuss a Texas court's preliminary injunction against the FTC's non-compete ban* and how various legal challenges have led to a somewhat anticlimactic atmosphere in the employment landscape related to the ban. *On Tuesday, July 23, after this episode was recorded, a federal judge in Pennsylvania reached the opposite conclusion and declined to temporarily halt the FTC's non-compete ban. Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw353 Subscribe - 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.

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.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 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 July 1, 2024. Epstein Becker Green attorney Kevin Sullivan tells us more about the PAGA reforms, their potential impact on California employers, and who the likely winners and losers are.   Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw351 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.

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, Epstein Becker Green attorneys A. Millie Warner and Elizabeth S. Torkelsen and special guest James Vaughn, Managing Director of iDiscovery Solutions, discuss the complicated field of digital forensics and how employers can effectively manage ESI. Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw350 Subscribe - 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.

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 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 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. Singewald II and Marissa Vitolo discuss what to do if you missed it, as well as coming changes and how to prepare for next year. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw348 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.

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 Highlights and links: https://www.ebglaw.com/eltw347 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.

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 #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.

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 should be taking.  *EBG is representing amici in one legal challenge: the U.S. Chamber of Commerce litigation. Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw345 Subscribe - 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.