Employment Law This Week

Hosted by Epstein Becker Green

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100

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Oct 2026

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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.

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October 14, 2026Episode 4514 min

California's New Rules on "Robo Bosses," Clawbacks, and Pay Data

What employers should know about key developments this week: Limits on Automated Decisions and Surveillance: Starting July 1, 2027, under California's "No Robo Bosses Act," employers cannot base disciplinary or termination decisions solely on an automated decision-making system's output, and they face new written notice and data access obligations. Separately, AB 1883, effective January 1, 2027, bars employers from using artificial intelligence in workplace surveillance tools to predict or infer an employee's emotional state or to collect neural data. Stay-or-Pay Law Delayed: Amendments to California's stay-or-pay law provide some relief to employers: Clawback restrictions now apply only to contracts entered into on or after January 1, 2027, although plaintiffs may still challenge existing agreements under other legal theories. The changes also add exemptions for certain employees in the financial services industry, permit recovery of some paid time off advances, and allow more flexibility in the timing of qualifying bonus clawbacks. Higher Pay Data Penalties: California's penalty for an employer's first failure to submit pay data remains capped at $100 per employee per pay period, but the penalty for subsequent violations will increase from $200 to $1,000 per employee. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw451 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.

October 7, 2026Episode 4503 min

DC Cuts Paid Leave, NLRB Reverses Course, Accenture Settles for $25 Million

What employers should know about key developments this week: Paid Leave Reductions: The District of Columbia (DC) reduced paid family leave from 12 to six weeks, paid medical leave from 12 to 10 weeks, and the maximum weekly benefit to $1,100, effective October 1, 2026, for claims filed before October 1, 2030. Employee Misconduct During Protected Activity: The National Labor Relations Board (NLRB) will no longer use its 1979 Atlantic Steel standard and will return to its 2020 General Motors test, making it easier to discipline employees for misconduct during a strike or other protected activity. Accenture False Claims Act Settlement: Accenture agreed to pay $25 million to settle allegations that it falsely certified compliance with federal law—a violation of the False Claims Act—despite maintaining diversity initiatives that relied on race and sex for hiring and promotion decisions. It is the third major settlement announced under the Department of Justice's Civil Rights Fraud Initiative. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw450 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.

September 30, 2026Episode 4493 min

NY Personnel File Access Law: What You Must Do by November 8

What employers should know about key developments this week: New Employee Access Right: Starting November 8, 2026, New York employers must allow current and former employees to access their personnel files up to two times per calendar year, and employers must produce the files within five business days. Notification and Response Rights: An employer must notify an employee within 10 days of placing any negative information in the employee's personnel file. The employee has the right to respond, and that response will be included in the personnel file unless the employer and employee agree otherwise. Collective Bargaining Agreements and Compliance: The new law does not change existing collective bargaining agreements (CBAs) if they already provide employees the same level of access to personnel records as the statute requires. Employers with unionized workforces should review their CBAs against the new statutory floor. In this episode of Employment Law This Week® , Epstein Becker Green attorney Adam M. Tomiak discusses what the New York personnel file access law means for employers. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw449 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.

September 23, 2026Episode 4483 min

How Employers Can Protect Against AI-Enabled Candidate Fraud

What employers should know about key developments this week: Candidate Fraud Escalating Globally: According to the research firm Gartner, by 2028, one in four candidate profiles could be fraudulent in some way. Artificial intelligence (AI) tools now make it easier to create false identities and fabricate credentials, and employers face the dual risk of hiring unqualified candidates or unknowingly bringing in individuals with fraudulent intent. North Korea's Remote Worker Operation: From 2020 to 2022, the U.S. government identified over 300 U.S. companies—including Fortune 500 firms—that unknowingly hired fraudulent remote workers operating as part of a coordinated North Korean state operation. Building an Insider Threat Program: Hiring fraudulent candidates can result in security threats, intellectual property theft, reputational damage, operational disruption, and potential Office of Foreign Assets Control sanctions. Employers should implement a comprehensive insider threat program that identifies risk areas while complying with applicable background check laws and other federal, state, and local legal requirements. In this episode of Employment Law This Week® , Epstein Becker Green attorneys Brian G. Cesaratto and Genevieve M. Murphy-Bradacs examine how employers can safeguard their hiring processes against fraudulent candidates and state-sponsored threats in an AI-enabled environment. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw448 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.

September 16, 2026Episode 4474 min

Three Immigration Enforcement Actions Are Reshaping Hiring Right Now

What employers should know about key developments this week: DOL's Visa Crackdown: The U.S. Department of Labor (DOL) has frozen all new permanent labor certification (PERM) applications from several major IT and tech companies as part of a joint investigation with the White House Fraud Task Force examining allegations of wage suppression, fake recruitment processes, and systemic misuse of H-1B visas and the PERM process. State Department Halts Immigrant Visas: The U.S. Department of State has paused all immigrant visa applications from outside the United States and is preparing to revoke up to 200,000 business and tourism visas held by individuals who have sought asylum. H-2A Farmworker Wage Rates in Limbo: A federal court ruled that the DOL's Adverse Effect Wage Rate methodology for H-2A farmworkers is unlawful, requiring the agency to recalculate rates and potentially exposing employers to back pay liability for the difference. Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw447 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.

September 2, 2026Episode 4464 min

New NLRB Majority and Post-Loper Bright Court Deference

What employers should know about key developments this week: NLRB Shifts to Republican Majority: The Senate confirmed David Prouty and James Macey to the National Labor Relations Board ("NLRB" or "Board") in August, establishing Republican control with three Republican members among the four currently confirmed. General Counsel Crystal Carey has indicated her intent to present several decisions for the new majority to overturn, particularly the Cemex , Stericycle , and Thryv decisions from the Biden era. Chevron Deference Ends: Following the U.S. Supreme Court's Loper Bright ruling, courts are no longer required to defer to agency interpretations of ambiguous statutes. Circuit courts now have authority to reject NLRB positions that lack statutory support. DC Circuit Declines to Enforce "Successor Bar" Doctrine : The U.S. Court of Appeals for the District of Columbia Circuit refused to enforce a Board order based on the "successor bar" doctrine—a Board-created rule affecting when representation elections can proceed after a company acquisition. This decision is a clear sign of how the circuit courts can be expected to address the deference to be afforded to administrative agencies' statutory interpretations post- Loper Bright. In this episode of Employment Law This Week® , Epstein Becker Green attorneys Steven M. Swirsky and Erin E. Schaefer discuss the NLRB's new landscape under Republican control and how the end of Chevron deference affects agency interpretations. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw446 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.

August 26, 2026Episode 4454 min

States Are Regulating AI Faster Than Washington—What Employers Must Know Now

What employers should know about key developments this week: State-Led Artificial Intelligence (AI) Legislation: Illinois recently codified the disparate impact theory of liability (which focuses on effect, not intent), and California has long recognized the theory. Both states' AI frameworks should be interpreted accordingly. Texas's Responsible AI Governance Act takes a different approach, requiring evidence of discriminatory intent. Discipline and Termination Oversight: California's Senate Bill 947, the No Robo Bosses Act, would bar employers from relying solely on automated systems for discipline or termination decisions and would require human review with independent corroboration. Federal Pushback and State Retreat: Colorado twice delayed its original AI Act, then paused enforcement amid a lawsuit joined by the federal government. The state ultimately repealed the original law and replaced it with a narrower version focused on notice and disclosure . In this episode of Employment Law This Week® , Epstein Becker Green attorneys Eleanor T. Chung and Nathaniel M. Glasser examine how states are regulating AI in the workplace and what employers need to know. Check out our State AI Law Tracker: https://www.ebglaw.com/aimap - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw445 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.

August 12, 2026Episode 4444 min

Compensable Travel Time: What Two New DOL Opinion Letters Mean for Employers

What employers should know about key developments this week: DOL Opinion Letter FLSA2026-9: The U.S. Department of Labor's (DOL's) Wage and Hour Division (WHD) evaluated several real-world scenarios—such as an employee working from home in the morning to avoid traffic before commuting in later—and concluded that voluntary midday travel between home and the office qualifies as "normal" or "ordinary" commuting, and need not be compensated, even where the employee performs work at both locations. DOL Opinion Letter FLSA2026-10: In a second letter, the WHD distinguished between commute-related tasks that are merely incidental to travel and those that are integral to job duties. Specifically, the WHD found that time spent by the employee in question receiving pages or assignments was not compensable, while time spent calling clients or scheduling appointments was compensable. Why These Letters Matter: Work increasingly happens in noncontinuous blocks across different locations, raising new questions about when travel time is compensable. While WHD opinion letters aren't binding on courts, they provide guidance for employers; the agency has issued 12 so far in 2026, with more expected. In this episode of Employment Law This Week® , Epstein Becker Green attorneys Paul DeCamp and Eduardo J. Quiroga discuss the two opinion letters and their implications for compensable travel time. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw444 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.

August 5, 2026Episode 4435 min

Change Is Coming from the EEOC—but When?

What employers should know about key developments this week: U.S. Equal Employment Opportunity Commission (EEOC) Regulatory Agenda: The EEOC is pursuing sweeping changes aligned with the current administration's deregulatory priorities, including rescission of decades-old guidance on discrimination. EEO-1 Reporting Changes: A proposed rule to eliminate EEO-1 and companion reporting requirements is in the public comment stage (comments are due August 24), but employers should maintain current data collection practices pending final action. Revisions to Pregnant Workers Fairness Act (PWFA) Regulations: The EEOC's regulatory agenda includes plans to revise the PWFA regulations, although it offers little detail beyond reinterpreting the words "pregnancy, childbirth, or related medical conditions." The EEOC expects to issue its proposed revisions in November. In this episode of Employment Law This Week® , Epstein Becker Green attorney Ann Knuckles Mahoney breaks down the EEOC's stated regulatory priorities and what employers should do while changes move through the regulatory pipeline. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw443 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.

July 29, 2026Episode 4423 min

New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time

What employers should know about key developments this week: Severance Agreement Overhaul: The No Severance Ultimatums Act, awaiting Governor Kathy Hochul's signature, would extend a 21-day review period plus a seven-day revocation period to all employees and require severance agreements to explicitly state that the employee has the right to consult counsel. The legislation would take effect immediately upon signature. Trapped at Work Act Amendments: On December 19, 2026, New York's ban on "stay or pay" promissory notes takes effect. The Trapped at Work Act carves out financial bonuses and wage advances and adds new conditions for tuition repayment agreements. New York joins California and Connecticut in banning certain promissory notes. Earned Safe and Sick Time Act Update: Amended Earned Safe and Sick Time Act rules, now in effect for New York City employers, require 32 hours of unpaid protected time off immediately upon hire and set new obligations for employers that use electronic systems to track sick leave balances for departing employees. In this episode of Employment Law This Week ® , Epstein Becker Green attorney Drew C. Ambrose discusses the No Severance Ultimatums Act and what employers should be doing now to prepare their severance agreements ahead of the governor's signature. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw442 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.