This week, we look at the potential restoration of a quorum at the National Labor Relations Board (“NLRB” or “Board”), the U.S. Department of Labor’s (DOL’s) deregulatory initiatives, and lessons from a high-profile workplace incident at a Coldplay concert.

NLRB May Regain Quorum

Lacking a quorum, the NLRB is currently unable to issue decisions affecting workplace policies and disputes. On July 17, 2025, President Trump nominated two Republicans to fill vacant seats on the Board. Senate confirmation of the nominees is required to restore the Board’s authority and ensure continued guidance for employers.

DOL Begins Deregulation Push

The DOL’s deregulatory agenda could reshape compliance priorities for employers. Plans include 63 actions to roll back regulations and align with federal mandates.

Coldplay Concert Exposes Workplace Romance 

A viral “kiss cam” moment at a recent Coldplay concert led to the resignations of a CEO and a Chief People Officer and heightened legal exposure for their company. This is a reminder that employers must implement and consistently enforce relationship policies to prevent risk and uphold workplace credibility.

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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/eltw398

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

Visit http://www.EmploymentLawThisWeek.com

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

This week, we’re examining the Federal Trade Commission’s (FTC’s) stance on a federal non-compete ban, the expansive changes introduced by Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, and a pivotal ruling by the Supreme Court of the United States (SCOTUS) on pension withdrawal liabilities.

FTC Delays Decision on Non-Compete Rule        

The FTC requested an additional 60 days to decide if it will continue defending the non-compete ban, suggesting the rule may soon be withdrawn.

Florida CHOICE Act Expands Non-Competes

Florida’s new CHOICE Act now allows non-compete agreements for covered employees to span up to four years, doubling the previous limit. The law also simplifies the process for employers to secure injunctive relief, making Florida one of the most employer-friendly states. 

SCOTUS to Rule on Pension Withdrawal Liability

SCOTUS will decide how pension withdrawal costs are calculated, which could mean significant financial changes for employers.

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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/eltw397

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

Visit http://www.EmploymentLawThisWeek.com

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

The OBBBA introduces major shifts for employers, transforming employee benefits, executive compensation, and workforce compliance. Are you prepared to adapt?

Essential Impacts for Employers

• Dependent care and education benefits—higher flexible spending account limits and tax-favored student loan repayment programs
• Health savings accounts—expanded eligibility and coverage options for employees
• Executive compensation rules—new tax implications for public companies and nonprofits

Epstein Becker Green attorneys Elliot Katz and Lucas Peterhans break down these updates in this episode of Employment Law This Week®. Get the insights you need to stay ahead of these sweeping changes.

Read more insights on the OBBBA from our benefits team: https://www.workforcebulletin.com/hot-dogs-fireworks-and-the-one-big-beautiful-bill-what-employers-need-to-know-about-the-employee-benefits-and-executive-compensation-changes

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw396

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

Visit http://www.EmploymentLawThisWeek.com

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

Non-compete legislation is evolving rapidly at the state level, with new laws taking effect soon in Arkansas, Kansas, Virginia, and Wyoming. Looking ahead, pending bills in over a dozen states could reshape how employers approach restrictive covenants.

In this episode, Epstein Becker Green attorneys Peter A. Steinmeyer, Daniel R. Levy, David J. Clark, and Carolyn O. Boucek discuss the new and proposed state non-compete laws and their implications for employers, as well as alternative tools that can be used to address these restrictions. From expanded protections for low-wage workers in Virginia to Kansas’s focus on non-solicit provisions, this episode offers actionable takeaways to help employers stay compliant.

Visit our site for this week’s other highlights and links: https://www.ebglaw.com/eltw395

Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law.

We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®.

Watch the series and subscribe for email notifications: http://www.EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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.

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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.