Employment Law This Week

Epstein Becker Green
  • 4.6 (16)
  • Management
  • Updated Weekly

For employers navigating risk, workforce, and the bottom line. Employment Law This Week® delivers the employment and labor developments that matter—without the noise. Part of the Epstein Becker Green Insights Network.

  1. Fertility Benefits, Medical Marijuana, and Whistleblower Protections

    1d ago

    Fertility Benefits, Medical Marijuana, and Whistleblower Protections

    What employers should know about key developments this week: Federal Agencies Propose Fertility Benefit Expansion: The U.S. Departments of Labor, Health and Human Services, and the Treasury have issued a proposed rule to allow employers to provide fertility coverage as a limited excepted benefit, exempt from the Affordable Care Act and the Health Insurance Portability and Accountability Act's portability requirements. DOT Clarifies Medical Marijuana in Drug Tests: The U.S. Department of Transportation (DOT) has confirmed that a positive drug test for marijuana is disqualifying, regardless of whether the employee has a state medical marijuana license. Massachusetts Court Upholds Whistleblower Protections: According to the Massachusetts Supreme Judicial Court, whistleblowers in the state are protected, even if they're complicit in the violation. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw439 Sign up for notifications: https://www.ebglaw.com/eltw-subscribe Visit https://www.EmploymentLawThisWeek.com - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. 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.

    4 min
  2. States Are Now Writing the Workplace AI Rules

    Jun 17

    States Are Now Writing the Workplace AI Rules

    What employers should know about key developments this week: States Lead on Workplace AI: With federal regulators slowing new rules, individual states are setting their own requirements for employers that use artificial intelligence (AI), creating a patchwork for multistate workforces. California's Executive Order: Governor Gavin Newsom issued an executive order (EO) targeting AI-driven labor market disruption and directing state agencies to recommend updates to California's Worker Adjustment and Retraining Notification (WARN) Act for AI-related mass layoffs. Connecticut's New AI Law: Beginning October 1, 2027, employers must give written notice to applicants and employees when AI substantially influences a hiring, promotion, discipline, or termination decision. In this episode of Employment Law This Week®, Epstein Becker Green attorneys Courtney McFate and Elizabeth S. Torkelsen break down two state actions shaping AI in the workplace: California Governor Newsom's EO on labor protections in the age of AI, and Connecticut's new transparency and nondiscrimination requirements for employers. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw438 Sign up for notifications: https://www.ebglaw.com/eltw-subscribe Visit https://www.EmploymentLawThisWeek.com - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. 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.

    5 min
  3. Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims

    Jun 10

    Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims

    What employers should know about key developments this week: Two Federal Agencies Target DEI: The U.S. Department of Labor (DOL) is urging its employees to file whistleblower complaints and report diversity, equity, and inclusion (DEI) activities that violate the administration's ban. Additionally, the Equal Employment Opportunity Commission released a 2025-2029 National Enforcement Plan that prioritizes enforcement against DEI-related discrimination. DOL Opinion Letters: The DOL's Wage and Hour Division published four opinion letters addressing overtime exemptions, bonuses, meal breaks, and compensable work. While these letters do not signal dramatic shifts in the DOL's position, they provide greater clarity, consistency, and transparency. PAGA Standing: A California appeals court held that an employee who loses in individual arbitration may also lose standing to bring a representative claim under the Private Attorneys General Act (PAGA). - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw437 Sign up for notifications: https://www.ebglaw.com/eltw-subscribe Visit https://www.EmploymentLawThisWeek.com - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. 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.

    5 min
  4. EEO-1 Reports, Remote Work, and Non-Compete Restrictions in Tennessee

    Jun 3

    EEO-1 Reports, Remote Work, and Non-Compete Restrictions in Tennessee

    What employers should know about key developments this week: EEOC Proposes Eliminating EEO-1 Reports: The Equal Employment Opportunity Commission (EEOC) is proposing the complete elimination of EEO-1 reports (which include employee demographic data, such as race and gender), along with the rescission of EEO-2, EEO-3, EEO-4, and EEO-5 reports.  Fifth Circuit Rules on Remote Work Accommodations: The U.S. Court of Appeals for the Fifth Circuit found that in-person attendance is an essential job function and that COVID-era accommodations do not define that standard today—a ruling that could prove informative as more employers implement return-to-office policies. New Non-Compete Restrictions in Tennessee: Beginning July 1, 2026, non-compete agreements will be unenforceable in Tennessee for employees who earn less than $70,000 a year (inclusive of wages, salary, commissions, nondiscretionary bonuses, and other forms of remuneration). - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw436 Sign up for notifications: https://www.ebglaw.com/eltw-subscribe Visit https://www.EmploymentLawThisWeek.com - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. 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.

    4 min
  5. State Pay Transparency Laws in 2026: Maine and Virginia Join the Ranks

    May 20

    State Pay Transparency Laws in 2026: Maine and Virginia Join the Ranks

    What employers should know about key developments this week: Virginia and Maine Pay Transparency Laws: Both states require employers to disclose compensation ranges in job postings starting this summer (Virginia on July 1 and Maine on July 29), with key distinctions that will affect compliance strategies across industries. Remote Work Compliance Risks: Pay transparency laws can apply to any employer with even a single remote employee working in a covered state, which means that multistate and remote-first employers face heightened exposure regardless of where they are headquartered. Evolving Pay Equity Landscape: From salary history bans to pay transparency mandates, states continue to layer on new pay equity requirements, making proactive human resources (HR) training and policy audits more critical than ever. In this episode of Employment Law This Week®, Epstein Becker Green attorneys Adam M. Tomiak and Nancy Gunzenhauser Popper discuss Virginia's and Maine's new pay transparency laws, how they differ from other state laws, what the growing patchwork of pay equity requirements means for employers, and the steps organizations should take now to prepare their recruiters, HR teams, and job posting practices. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw435 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.

    4 min
  6. Words Matter: How to Draft Arbitration Agreements That Hold Up in Court

    May 13

    Words Matter: How to Draft Arbitration Agreements That Hold Up in Court

    What employers should know about key developments this week: Arbitration Agreement Drafting Pitfalls: Vague or imprecise language regarding discovery, confidentiality, neutrality, and mutuality can hand employees a roadmap for challenging—or defeating—your arbitration agreements in court. AI-Assisted Drafting Risks: Artificial intelligence (AI) tools may generate arbitration agreement language based on existing law but can miss evolving legal arguments in pending cases, making attorney review essential before finalizing any agreement. Strategic Decision-Making for Arbitration Programs: Employers should clearly identify their primary goals for an arbitration program, familiarize themselves with the chosen forum's rules, and ensure consistency across all arbitration provisions company-wide. In this episode of Employment Law This Week®, Epstein Becker Green attorneys Jonathan M. Brenner and Victoria Sloan Lin discuss how imprecise drafting can leave arbitration agreements vulnerable to court challenges, why AI-assisted drafting requires careful attorney oversight, and how employers can build a more defensible and strategically sound arbitration program. - Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw434 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.

    4 min
  7. DOL's New Joint Employer Rule, Fifth Circuit FLSA Twist, and I-9 Irreversible Errors

    May 6

    DOL's New Joint Employer Rule, Fifth Circuit FLSA Twist, and I-9 Irreversible Errors

    What employers should know about key developments this week: DOL Proposes Joint Employer Rule: The Department of Labor (DOL) has proposed a rule reinstating the economic realities test for joint employer liability under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act, prompting employers with subcontractors, franchises, or subsidiaries to assess their exposure before the June 22 comment deadline. Fifth Circuit: Misclassification Alone Isn't Enough: The U.S. Court of Appeals for the Fifth Circuit upheld a verdict denying overtime pay to a misclassified worker, finding that, under the FLSA, an employer cannot be liable for overtime of which it had no knowledge. I-9 and Accessibility Rules Tighten: Immigration and Customs Enforcement has reclassified nearly all Form I-9 errors as uncorrectable "substantive" violations subject to significant fines. Separately, health care organizations receiving Department of Health and Human Services funding face a May 11 web accessibility deadline that is not covered by the Department of Justice's recent Americans with Disabilities Act Title II extension. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw433 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.

    5 min
  8. NLRB Could Soon Have a Three-Person Republican Majority

    Apr 29

    NLRB Could Soon Have a Three-Person Republican Majority

    What employers should know about key developments this week: NLRB Nomination Signals Shifting Board Majority: The nomination of James Macy—packaged with the renomination of Democratic Member David Prouty—could give the National Labor Relations Board ("NLRB" or "Board") a three-person Republican majority, providing the votes needed to overturn Biden-era precedents. Quorum Pressure Drives Confirmation Timeline: The Senate must confirm at least one nominee before Member Prouty's term expires in August to preserve the Board's quorum, making a swift confirmation process likely. Key Precedents on the Chopping Block: With a third Republican vote, the Board is expected to revisit the captive audience meeting rule, the Cemex bargaining order decision, Thryv's expanded remedies, and standards for evaluating employer work rules. In this episode of Employment Law This Week®, Epstein Becker Green attorney Michael S. Ferrell discusses what a three-person Republican majority on the NLRB would mean for employers and which Biden-era precedents are most likely to be reconsidered. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw432 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.

    4 min
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Ratings & Reviews

4.6
out of 5
16 Ratings

About

For employers navigating risk, workforce, and the bottom line. Employment Law This Week® delivers the employment and labor developments that matter—without the noise. Part of the Epstein Becker Green Insights Network.

Information

  • Creator
    Epstein Becker Green
  • Years Active
    2019 - 2026
  • Episodes
    100
  • Rating
    Clean
  • Copyright
    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.
  • Show Website
    Employment Law This Week

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