Employment Law This Week
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S1E437 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…
S1E436 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…
S1E435 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…
S1E434 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…
S1E433 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…
S1E432 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…
S1E431 The Administration's Focus on DEI Moves from Words to Action
What employers should know about key developments this week: · False Claims Act Exposure: The Department of Justice's (DOJ's) Civil Rights Fraud Initiative is scrutinizing any entity that contracts…
S1E430 401(k) Alternative Assets, NLRB Removal Protections, and Military Leave Requests
What employers should know about key developments this week: DOL Proposes Opening 401(k) Investments: The U.S. Department of Labor (DOL) proposed a rule establishing a process-based safe harbor for…
S1E429 Employer AI Headaches: Job Postings, Client Privilege, and Microchip Bans
What employers should know about key developments this week: Artificial Intelligence (AI) Conversations Are Not Privileged: In United States v. Heppner, a federal judge found that conversations…
S1E428 Is Cemex Still Valid? Sixth Circuit Creates Uncertainty
What employers should know about key developments this week: Sixth Circuit Rejects Cemex Bargaining Order: The U.S. Court of Appeals for the Sixth Circuit refused to enforce a bargaining order…
S1E427 Spilling Secrets: Non-Competes in 2026: FTC Signals Major Policy Shift
What employers should know about key developments this week: FTC Enforcement Shift on Non-Competes: The Federal Trade Commission (FTC) announced it will enforce non-compete agreements on a…
S1E426 NLRB Shifts Enforcement, DOL's Non-Union Focus, and EEOC's DEI Crackdown
What employers should know about key developments this week: • National Labor Relations Board (NLRB) Sets New Enforcement Priorities: NLRB General Counsel Crystal Carey directed regional offices to…
S1E425 NLRB and DOL Take Action on Joint Employer and Independent Contractor Rules
What employers should know about key developments this week: NLRB Reinstates 2020 Joint Employer Rule: Under the National Labor Relations Board's (NLRB's) rule, a company is a joint employer only if…
S1E424 NYC Enforcement Blitz, CA Surveillance Pricing, and PA Criminal History Rule Update
What employers should know about key developments this week: · New York City's Enforcement Blitz: The city's Department of Consumer and Worker Protection is cracking down on violations of the…
S1E423 How to Respond to Employee Concerns About ICE Investigations
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…
S1E422 What Do Federal DEI Crackdowns Mean for Employers?
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…
S1E421 #WorkforceWednesday: DOL Compliance Tools & PBM Regulation, NLRB Intake Updates
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…
S1E420 #WorkforceWednesday: Remote Work and Disability Discrimination: What Employers Need to Know
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…
S1E419 #WorkforceWednesday: "Stay or Pay" Agreements, Developing Immigration News, EEOC Power Shift
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…
S1E418 #WorkforceWednesday: FMLA and FLSA Compliance in 2026—New DOL Opinion Letters and Emerging Risks
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…
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