Employment Law This Week

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.

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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.

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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.