Employment Law This Week

The EEOC, now under the leadership of Chair Andrea Lucas and with a quorum for the first time in months, is signaling shifts in enforcement priorities that could have significant implications for employers.

What Employers Should Know:

• New Leadership: Chair Lucas has emphasized a commitment to "upholding merit-based, colorblind equality" in workplace policies.
• Key Priorities: Among the EEOC's key priorities are protecting pregnant workers, addressing religious bias, and scrutinizing diversity, equity, and inclusion programs for potential reverse discrimination.
• Religious Focus: The EEOC is expected to issue new guidance on religious discrimination and accommodations.

In this episode of Employment Law This Week®, Epstein Becker Green attorney James D. Mackinson discusses the latest updates from the EEOC and what they mean for employers.

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This week, we examine what employers should anticipate as the National Labor Relations Board (NLRB)—which currently has only one active member, a Democrat, and four vacancies—moves closer to regaining a quorum and resuming full operations.

What Restoring a Quorum at the NLRB Could Mean for Employers

For the first time in more than 10 months, the NLRB may soon have three members, reestablishing a quorum and potentially impacting employers significantly.

What Employers Should Know:

• Nominees Pending: Two Republican nominees to the NLRB, as well as the NLRB's General Counsel nominee, are awaiting U.S. Senate confirmation.
• Backlog: Restoring a quorum would allow the NLRB to address its backlog of cases and resume issuing decisions.
• Majority Requirement: Historically, a three-vote majority has been needed to overturn major precedents, which the NLRB may lack until it includes at least three Republican members.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Corey P. Argust discusses the implications as the NLRB moves toward full operations.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw412

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week, we're covering the U.S. Department of Labor's (DOL's) launch of Project Firewall to enforce H-1B visa compliance and new guidance on stand-alone fertility benefits, as well as a federal court ruling voiding gender identity protections.

Project Firewall: An H-1B Enforcement Initiative

The DOL has introduced Project Firewall, an initiative to enforce compliance with H-1B visa regulations. The program aims to ensure employers follow federal guidelines while balancing U.S. workers' rights and businesses' needs for skilled foreign labor.

DOL Issues Guidance for Fertility Treatments

Employers can now offer stand-alone fertility benefits, such as in-vitro fertilization (IVF) coverage, as "excepted benefits" separate from traditional health plans under new guidance from the DOL.

Federal Judge Strikes Down Gender Identity Protections

A federal judge in the Southern District of Mississippi has voided a Biden-era rule that extended sex discrimination protections under the Affordable Care Act to include gender identity, raising questions about the future of gender-affirming care protections.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw411

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week, we discuss highlights from Epstein Becker Green's 44th Annual Workforce Management Briefing, which covered some of the most pressing issues for employers today.

Top Employment Insights: 44th Annual Workforce Management Briefing

Epstein Becker Green attorneys and clients from across the nation gathered in New York City this past week to share their insights on the latest developments in labor and employment law.

In this episode of Employment Law This Week, we hear from a few of the briefing's panelists about the critical issues their clients are currently facing.

Key Topics of Discussion:

• Navigating Workplace Compliance and Litigation Risks: Panelists spoke about handling accommodation requests, defending class and collective claims, and refining termination strategies across varied regulatory landscapes.
• Adapting to Evolving Workforce Dynamics: Speakers explored managing diversity, equity, and inclusion initiatives; return-to-office mandates; and the rise in union activity.
• Governing AI and Technology: Panelists talked about ensuring responsible artificial intelligence (AI) adoption while addressing data privacy, liability, and ethical considerations.

Epstein Becker Green attorneys featured in this podcast: Haley Morrison, Rishi Puri, Dov Lutzker, Erin E. Schaefer, Courtney McFate, Jill K. Bigler

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw410

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week, we're covering an uptick in state-level employment law activity, federal court decisions on "captive audience" bans, and Rhode Island's new menopause accommodation requirements.

State Legislative Activity Increases

California has introduced new laws on paid sick leave, artificial intelligence, pay equity, and protections for tipped workers. Meanwhile, other states are also rolling out new laws impacting employment practices.

Courts Clash Over "Captive Audience" Bans

Federal courts have issued conflicting rulings on state restrictions regarding employer-mandated meetings related to union organizing.

Rhode Island Enacts First-Ever Menopause Law

Through a new amendment to its Fair Employment Practices Act, Rhode Island has become the first state in the country to require employers with four or more employees to accommodate menopause symptoms.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw409

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week, we explore the latest changes in state-level family and medical leave laws and how employers can stay compliant.

How to Stay Compliant with 2026 State Family and Medical Leave Laws

A wave of changes to state-level family and medical leave laws, set to take effect in 2026 and beyond—along with recent expansions—is adding to the already-complex patchwork of family and medical leave regulations across the country.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Eric I. Emanuelson, Jr., breaks down what's changing and how employers can prepare.

What Employers Need to Know:

• New Programs: Delaware, Minnesota, and Maine are rolling out benefits in 2026, while Maryland's program is delayed until 2028.
• Expanded Coverage: States such as Washington and Colorado are broadening definitions of "family member" and adding new qualifying reasons for leave.
• Employer To-Dos: Review policies, update notices, and coordinate with payroll teams to ensure compliance.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw408

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week, we're covering the new H-1B visa fee, the Equal Employment Opportunity Commission's (EEOC's) closure of disparate impact cases, and recent key labor appointments.

New Fee for H-1B Visas

Employers must now pay $100,000 for each first-time H-1B petition filed on or after September 21, 2025. Current visa holders are not affected. Exceptions may apply, but details are limited.

EEOC Shuts Down Disparate Impact Cases

The EEOC has closed nearly all disparate impact cases following a recent executive order. These claims can still be pursued in court. The agency will also dissolve its Office of Enterprise Data and Analytics, although EEO-1 reporting requirements appear unchanged.

Key Labor Roles Confirmed

The Senate has confirmed Daniel Aronowitz as Assistant Secretary of Labor for the Employee Benefits Security Administration. Additionally, the Senate has confirmed over 100 other labor-related appointments—including 11 top labor positions—restoring a quorum at both the EEOC and the Merit Systems Protection Board.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw407

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week, we examine the Federal Trade Commission's (FTC's) decisions to drop its appeal of a federal court ruling striking down its proposed non-compete ban and to issue warnings to health care employers about using unreasonable restrictive covenants in employment agreements.

FTC Backs Off Non-Compete Ban, Warns Health Care Employers

Although the FTC's decision to abandon its non-compete ban appeal may appear to favor employers, its recent warning letters to health care organizations make clear that regulatory scrutiny is far from over.

Key Takeaways for Employers:

• Regulatory Spotlight on Health Care: The FTC has urged health care employers to review restrictive covenants for fairness and compliance.
• Patient Choice Concerns: Health care non-competes may limit patient access to providers, particularly in rural areas.
• Protection of Business Interests: Non-competes should be narrowly tailored to safeguard trade secrets, customer relationships, and other legitimate interests.

In this episode, Epstein Becker Green attorneys E. John Steren and David J. Clark discuss the FTC's concerns for health care employers, offer guidance on revising non-compete agreements to withstand legal challenges, and explore alternative strategies to protect business interests.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw406

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week, we examine how employers should address controversial employee social media activity, especially amid widespread social tension such as that seen after the murder of Charlie Kirk.

Social Media and Employee Firings

An employee's off-duty conduct can be grounds for termination, but disciplining employees always carries some risk. Recent online discussions surrounding the public murder of Charlie Kirk have spurred firings across the nation, leaving employers exposed to backlash for their action or inaction.

What Employers Need to Know:

· "At-Will" Employment: While most employment is "at-will," allowing termination for nearly any reason, collective bargaining agreements or individual employment contracts may limit an employer's ability to terminate based on off-duty conduct.

· Employer Monitoring: Employers may monitor employee activity on company devices and networks and can act on publicly available social media posts.

· Reputational Harm: Even where off-duty conduct is protected, actions that damage an employer's reputation can still be grounds for discipline.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Kimberly C. Carter offers guidance on addressing employee social media activity, emphasizing the importance of clear, proactive policies to set expectations and outline consequences.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw405

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This week, we examine new artificial intelligence (AI) regulations in California impacting employers.

AI in the Workplace: California Sets a New Compliance Standard

Starting October 1, 2025, new AI rules in California will change how businesses in the state use automated tools in hiring, promotions, and other workplace decisions.

Key Takeaways for Employers

• Anti-Discrimination Measures: The new regulations specifically target discriminatory practices in employers' use of automated decision systems (ADS).
• Recordkeeping Requirements: Employers are now mandated to retain all ADS records and data for a minimum of four years.
• Regulatory Precedent: California's proactive stance on AI regulation is anticipated to influence similar regulatory frameworks nationwide, establishing a precedent for other states.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Frances M. Green provides an essential breakdown of the new California regulations, including actionable insights on conducting risk assessments and aligning them with existing cybersecurity and privacy audits to ensure compliance.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw404

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

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

Visit http://www.EmploymentLawThisWeek.com

This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.