Employment Law This Week

Visits from Immigration and Customs Enforcement (ICE) can have negative effects on employee morale and retention, especially if a business is unprepared. Plan for ICE investigations before they happen. Learn more in this episode of Employment Law This Week.

What employers should know about recent developments:

• Proactive Response Planning: Establish a written response plan, seek guidance from legal counsel, and ensure employees are thoroughly trained on protocols in case U.S. Immigration and Customs Enforcement (ICE) arrives at the workplace.

• Consequences of Being Unprepared: Failing to plan can prolong ICE visits, harm your organization's reputation, and negatively impact employee morale and retention.

• Action Steps for Employers: Implement clear, actionable policies and procedures, develop checklists for staff response, and conduct I-9 audits in advance to ensure documentation is current.

In this episode of Employment Law This Week®, Epstein Becker Green attorneys Melissa L. Jampol and Thomas J. Jaworski provide practical steps for employers to strengthen compliance with federal regulations, communicate confidently with staff, and mitigate risk in a rapidly evolving enforcement landscape.

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Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

© Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

Federal agencies are intensifying their scrutiny of workplace DEI initiatives, creating new and complex challenges for employers.

Key Takeaways for Employers:

• EEOC Investigations: The agency is using subpoena power to investigate large companies, alleging that certain DEI practices may amount to systemic race discrimination against white employees.

• FTC Involvement: The FTC is expanding its oversight into employment, issuing warning letters to law firms about their hiring practices and signaling broader scrutiny.

• Novel DOJ Liability: The DOJ is applying a new False Claims Act theory, framing some DEI practices by federal contractors as potential fraud against the government.

Epstein Becker Green attorneys Susan Gross Sholinsky and Daniella Lee detail these developments in this episode of Employment Law This Week®. Gain the practical guidance needed to assess risk, review external communications, and remain compliant in this evolving landscape.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw422

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

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Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

© Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

This week, we discuss the Department of Labor's (DOL's) new compliance tools, its proposed pharmacy benefits manager (PBM) transparency regulation, and updated enforcement priorities from the DOL's Employee Benefits Security Administration. We also cover the National Labor Relations Board's (NLRB's) revamped case intake process.

DOL Releases Compliance Tools

The DOL has introduced new resources—including interactive toolkits, industry-specific guidance, updated fact sheets, and self-audit checklists—to help employers avoid wage-and-hour violations.

DOL Issues Proposed Regulation for PBMs

The DOL has issued a proposed regulation, now open for comment, aimed at increasing transparency from PBMs. The proposal would mandate PBMs to disclose the full scope of fees, rebates, and compensation.

Additionally, the DOL's Employee Benefits Security Administration has unveiled a significant overhaul of its enforcement priorities for 2026.

NLRB Adjusts Intake Procedure

Faced with a significant number of pending cases due to the government shutdown and staffing issues, the NLRB has instituted a new intake procedure for unfair labor practice charges.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw421

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

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Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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.

A recent federal ruling clarified that denying a request for full-time remote work as a disability accommodation does not, by itself, constitute discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act.

Key Takeaways for Employers

• Interactive Process: Employers must engage in a documented, good-faith interactive process and consider reasonable alternative accommodations when evaluating remote-work requests.
• Essential Functions: Employers may require in-person attendance where it is essential to job performance, even in a post-pandemic workplace.
• Retaliation Risk: Even where denying remote work is lawful, retaliation claims may still arise based on the timing or circumstances of the denial.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Eric I. Emanuelson, Jr., discusses what the ruling means for employers navigating remote work requests and disability accommodations.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw420

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

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Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

© Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

This week, we're covering new "Stay or Pay" bans in California and New York, developing immigration news for employers, and the EEOC's streamlined path for faster policy changes.

California and New York Target "Stay or Pay" Agreements

"Stay or Pay" bans are now in effect in California and New York. These laws largely ban employers from requiring workers to reimburse training and other similar costs if they leave before a specified period, effectively forcing an individual to remain in their job. New York Employers: Check out our webinar on New York City Mayor Zohran Mamdani's employment priorities, including newly enacted laws on sick leave and "Stay-or-Pay" agreements. Register here.

Administration Pauses H-1B Fee and Immigrant Visas

A federal judge ruled that the Trump administration may impose a new $100,000 fee on H-1B visa petitions filed after September 21, 2025, though the U.S. Chamber of Commerce has appealed. Separately, the U.S. Department of State announced an indefinite pause on immigrant visa issuance for residents of 75 countries.

EEOC Clears Path for Faster Policy Changes

The Equal Employment Opportunity Commission (EEOC) has scrapped its internal voting procedures, giving Chair Andrea Lucas the power to set agendas and decide when and how votes proceed without public input.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw419

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

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Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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.

While the recent DOL guidance provides long-awaited clarity on FMLA and FLSA compliance, the rapid expansion of state-level paid leave mandates is adding a new layer of regulatory risk.

Key Takeaways for Employers:

• Business Closures: Whether a partial-week business closure can be counted as FMLA leave depends on whether the employee was on FMLA leave for the entire workweek.

• Travel Time: FMLA leave may be used for travel time to and from medical appointments, even if the time is not specified on the medical certification.

• State-Level Leave: Thirteen states and the District of Columbia now have paid leave laws that interact with the FMLA, creating a complex compliance landscape.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Genevieve Murphy-Bradacs discusses what these FMLA clarifications and the patchwork of state laws mean for employers.

Mini-Family and Medical Leave Laws: Are You Up to Speed?

VIEW MAP

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw418

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

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Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

© Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

As we enter 2026, employers face a rapidly evolving legal landscape. In this episode of Employment Law This Week®, Epstein Becker Green attorneys share their insights on the key challenges and opportunities businesses should prepare for in the year ahead.

Key Takeaways for Employers:

• AI Workforce Changes: Expect more laws addressing reduction-in-force notifications and employee protections as artificial intelligence (AI) continues to reshape the workplace.
• Talent Retention Strategies: Group lift-outs are likely to increase, prompting a need for strategies to retain and protect talent.
• Real-Time Compliance: Employers should adopt real-time compliance monitoring to address wage violations and retaliation risks early.

Discover more predictions and practical guidance—watch the full episode now.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw417

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

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Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

© Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

2025 reshaped the employment law landscape, bringing sweeping changes at both the federal and state levels. In this year-end special episode, Epstein Becker Green attorneys break down the most impactful developments for employers.

Key Issues for Employers:

• DEI rollbacks: Companies are scaling back diversity, equity, and inclusion (DEI) programs, with reverse discrimination suits on the rise.
• AI governance: Federal deregulation has spurred state-level action, with AI now influencing workforce management at every level.
• Non-compete regulations: The Federal Trade Commission abandoned its proposed nationwide ban on non-compete agreements, while states such as Florida and Kansas enacted employer-friendly laws.

Employers face a rapidly evolving legal landscape, and understanding the nuances of 2025's changes is essential for effective planning and compliance in 2026.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw416

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

© Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

The landscape of restrictive covenants transformed in 2025, driven by a new administration's approach to federal oversight and decisive legislative action at the state level. Employers now face a complex environment where broad federal bans have stalled, but state-specific regulations—and opportunities—are rapidly evolving.

Key Takeaways for Employers:

• Federal Enforcement Continues: The Federal Trade Commission (FTC) is still challenging unreasonable non-compete agreements despite withdrawing its nationwide ban appeal.

• Florida Favors Employers: Florida solidified its position as an employer-friendly jurisdiction with the new Contracts Honoring Opportunity Investment Confidentiality and Economic Growth Act, which explicitly permits restrictive covenants lasting up to four years.

• State Laws Evolve: Key state-level non-compete bills are pending in Illinois, Washington, and New York—employers should stay updated.

Epstein Becker Green attorneys Daniel R. Levy, Carolyn O. Boucek, and David J. Clark break down these critical developments in this episode of Spilling Secrets.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw415

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

© Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

This week, we're covering new Internal Revenue Service (IRS) guidance on reporting tips and overtime, a widened circuit split on National Labor Relations Board (NLRB) authority, and a delayed Senate Health, Education, Labor, and Pensions (HELP) committee vote on an NLRB nominee.

No Fines for Incorrect Reporting of Tips and Overtime in 2025

New guidance from the U.S. Treasury Department and the IRS states that penalties will not be assessed for employers who fail to meet the new reporting requirements for cash tips and overtime compensation in 2025.

Sixth Circuit Widens Circuit Split on NLRB Authority

The U.S. Court of Appeals for the Sixth Circuit has joined the Third and Fifth Circuits in ruling that the NLRB's expanded "make whole" remedies are inconsistent with the National Labor Relations Act.

NLRB Nomination Stalls

A Senate HELP committee vote on NLRB nominee Scott Mayer, which was scheduled for November 19, was canceled. Confirmation of the nominee would restore the Board's quorum.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw414

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship.

EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C.

© Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.