Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. This is the audio podcast version of the video series launched in October 2015 by law firm Epstein Becker Green.
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Employmentlaw Podcasts
An update on the Law and best practice for managing and recruiting staff and for dealing with any issues that may arise. An easy to listen to legal and practical update.
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#WorkforceWednesday: Top Employment Law Changes of 2025
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2025 reshaped the employment law landscape, bringing sweeping changes at both the federal and state levels. In this year-end special episode, Epstein Becker Green attorneys break down the most impactful developments for employers. Key Issues for Employers: DEI rollbacks: Companies are scaling back diversity, equity, and inclusion (DEI) programs, wi…
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What is the status of the changes under the new law? In this episode 257 of the employment law and HR podcast, as we reach the end of the year and the last podcast for 2025 I cover an update on the status of the Employment Rights Bill, the changes and what has been happening to delay the new law. In this episode we cover: The latest issue causing c…
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Spilling Secrets: 2025 Non-Compete Year in Review
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The landscape of restrictive covenants transformed in 2025, driven by a new administration's approach to federal oversight and decisive legislative action at the state level. Employers now face a complex environment where broad federal bans have stalled, but state-specific regulations—and opportunities—are rapidly evolving. Key Takeaways for Employ…
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Settlement Discussions, and Without Prejudice offers: a way to resolve difficult issues
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An effective tool to resolve disputes In this episode 256 of the employment law and HR podcast I cover an overview of Settlement Discussions and how you can use them to resolve difficult situations in the workplace. In this episode we cover: When settlement discussions can be used The difference between 'without prejudice' conversations and 'protec…
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#WorkforceWednesday: New Tips and Overtime Guidance, NLRB Circuit Split, and Stalled Nomination
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This week, we're covering new Internal Revenue Service (IRS) guidance on reporting tips and overtime, a widened circuit split on National Labor Relations Board (NLRB) authority, and a delayed Senate Health, Education, Labor, and Pensions (HELP) committee vote on an NLRB nominee. No Fines for Incorrect Reporting of Tips and Overtime in 2025 New guid…
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#WorkforceWednesday: New Leadership and Priorities for the EEOC
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The EEOC, now under the leadership of Chair Andrea Lucas and with a full quorum for the first time in years, 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 work…
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Harsh Words, Harsh Consequences: What Employers Can Learn from an Unfair Dismissal Case
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In this episode 255 of the employment law and HR podcast I cover an employment tribunal decision where an employee who called their manager a derogatory name was found to have been unfairly dismissed. Although the language used was clearly inappropriate, the tribunal decided that dismissal was too severe a response. This episode unpacks why and wha…
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#WorkforceWednesday: What Restoring a Quorum at the NLRB Could 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 NL…
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#WorkforceWednesday: H-1B Enforcement Tightened, Fertility Benefits Expanded, Gender Identity Protection Setback
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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…
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When Is Sexual Harassment "In the Course of Employment"?
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In this episode 254 of the employment law and HR podcast I cover a recent Employment Appeal Tribunal decision that sheds light on a vital question for employers: In this episode we cover: When is an employer responsible for the actions of an employee who sexually harasses a colleague? This case involved a hospitality recruitment agency and a worker…
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#WorkforceWednesday: Top Employment Insights: 44th Annual Workforce Management Briefing
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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 s…
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Fix It Before It Festers: Taking Early Action on Workplace Concerns
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Practical Guidance for Managers When it comes to managing workplace issues, prevention is always better than cure. In this episode 253 of the Employment Law & HR Podcast, we dive into why early action matters, how to spot the signs of trouble, and practical steps you can take to stop minor issues from escalating into costly legal problems. In this …
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#WorkforceWednesday: State Law Trends, "Captive Audience" Ban Clash, Rhode Island Menopause Law
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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 worke…
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#WorkforceWednesday: How to Stay Compliant with 2026 State Family and Medical Leave Laws
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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-co…
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#WorkforceWednesday: New H-1B Visa Fee, EEOC Shutters Disparate Impact Cases, Key Labor Roles Confirmed
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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…
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Constructive Unfair Dismissal Explained: Case examples
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In this episode 252 of the podcast following on from the last episode about constructive unfair dismissal I bring you a rundown of some employment tribunal case examples. In this episode I cover the following cases: Mr Marshall v Mcpherson Limited (2025) 09 07 2025 – Employment Appeal Tribunal case Mrs Rogerson v Dreamstore Norwich Limited 16 01 20…
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#WorkforceWednesday: FTC Backs Off Non-Compete Ban, Warns Health Care Employers
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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…
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#WorkforceWednesday: Social Media and Employee Firings: What Employers Need to Know
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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 on…
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#WorkforceWednesday: AI in the Workplace: California Sets a New Compliance Standard
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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 …
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#WorkforceWednesday: Remote Work and Religion: New Legal Risks for Employers in 2025
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As religious rights in the workplace gain new attention, a recent OPM memo broadening religious accommodations for federal employees could impact employers everywhere—at home and in the office. Essential Impacts for Employers: The federal memo expands religious accommodations, including remote work. The Supreme Court's 2023 Groff v. DeJoy ruling ra…
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#WorkforceWednesday: NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule
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This week, we're covering four key employer-focused developments: a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board's (NLRB's) authority, another Fifth Circuit decision restoring pregnant worker protections, the White House's reversal of a key non-compete executive order, and a court ruling…
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#WorkforceWednesday: New FLSA Notice Standard, DOL's PAID Program, Axed Wage and Hour Penalties
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This week, we dig into the U.S. Court of Appeals for the Seventh Circuit's new Fair Labor Standards Act (FLSA) collective action notice standard, the U.S. Department of Labor's (DOL's) relaunched Payroll Audit Independent Determination (PAID) program, and the DOL's scaled-back approach to wage and hour investigation penalties. Seventh Circuit's New…
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#WorkforceWednesday: New DOJ Memo Warns Employers: Rethink DEI Programs Now
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New guidance from Attorney General Bondi urges federal funding recipients to reassess DEI programs to ensure compliance with anti-discrimination laws. This memo highlights actions deemed "unlawful DEI," including race-based scholarships, preferential hiring, and misapplied "neutral" criteria. What This Means for Employers: Federal consequences: Non…
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#WorkforceWednesday: Nationwide FLSA Lawsuits Just Got Harder—Here's Why
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In Harrington v. Cracker Barrel Old Country Store, Inc., the Ninth Circuit ruled that, in FLSA collective actions, federal courts must evaluate personal jurisdiction before allowing notices to out-of-state employees in nationwide claims—a move that strengthens employers' ability to challenge these cases. Key Takeaways for Employers Jurisdiction mat…
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#WorkforceWednesday: NLRB Quorum Limbo, DOL Deregulation Push, Coldplay Concert Exposes Workplace Romance
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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 aff…
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This is a quick summer message as I am taking a short break from the podcast for some rest and family time. The Real Employment Law Team are still available if you have any questions or would like any advice or support over the summer. Thanks for listening. Alison
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#WorkforceWednesday: FTC and Florida Focus on Non-Competes, SCOTUS to Rule on Pension Withdrawal Liability
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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.…
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#WorkforceWednesday: What the One Big Beautiful Bill Act Means for Employers
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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 e…
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Constructive Unfair Dismissal Explained: What is needed for a claim?
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In this episode 251 of the podcast I bring you a rundown of the law regarding constructive unfair dismissal. In this episode I cover: What Constructive Unfair Dismissal is? How the law came about Why we have the legal right to claim constructive unfair dismissal How constructive unfair dismissal differs from unfair dismissal The leading case and ju…
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