Employment Law This Week Podcast

President Trump’s two anti-DEI executive orders are temporarily blocked, but some employers are adjusting policies and shifting the way they collect workforce data. While critical obligations, such as EEO-1 reporting, remain in place, the EEOC’s acting chair has indicated the agency will prioritize addressing race and gender discrimination and bias. In this week’s episode, Epstein Becker Green attorneys Jill K. Bigler and Briar L. McNutt discuss how employers can balance compliance with federal, state, and international regulations while effectively mitigating risks. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw381 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 significant updates shaping workplace policies, including shifts in regulations and enforcement related to diversity, equity, and inclusion (DEI); evolving approaches to Equal Employment Opportunity Commission (EEOC) compliance; and recent changes in National Labor Relations Board (NLRB) guidance. Anti-DEI Executive Orders Blocked, but Employers Scale Back A Maryland district court temporarily blocked significant portions of two anti-DEI executive orders signed in the early days of President Trump’s administration. This story is still developing, and last week, the Trump administration appealed the district court’s decision to the U.S. Court of Appeals for the Fourth Circuit. Regardless of whether the executive orders survive, many federal contractors and private businesses are assessing and adjusting DEI policies, programming, and public statements. EEOC Cracks Down on DEI and Gender Identity Policies Acting EEOC Chair Andrea Lucas said in a recent statement that the agency will seek to root out “unlawful DEI-motivated race and sex discrimination.” Lucas noted that the EEOC will also target the Biden administration's “gender identity agenda” as well as anti-American bias at private businesses. NLRB Rescinds Biden-Era Guidance Acting NLRB General Counsel William Cowan recently rescinded a group of Biden-era memos from former General Counsel Jennifer Abruzzo. With the firing of member Gwynne Wilcox in the first days of the Trump administration, the NLRB has no quorum and cannot currently issue decisions, but more reversals are likely coming. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw380 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.

In this episode of Spilling Secrets, Epstein Becker Green attorneys Daniel R. Levy, Aime Dempsey, and George Carroll Whipple, III, explore trade secrets through the lens of Oscar-nominated films, offering insights into protecting sensitive information in today’s competitive landscape. Whether looking at a magical spellbook from Wicked or groundbreaking architectural designs in The Brutalist, the discussion underscores how trade secrets intertwine with innovation, employee training, and organizational culture. Discover how Hollywood’s biggest stories offer practical lessons for safeguarding your business’s most valuable assets. Visit our site for this week’s other highlights and links: https://www.ebglaw.com/eltw379. 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.

This week, we’re highlighting notable employment law updates from federal agencies and the courts, including the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the U.S. Court of Appeals for the Fifth Circuit. EEOC Releases FAQs on the State of the Agency The EEOC, under the leadership of Acting Chair Andrea Lucas, recently released answers to frequently asked questions (FAQs) following President Trump's series of executive orders affecting the agency.  DOL Halts OFCCP Activity Under Rescinded Executive Order Acting Secretary of Labor Vince Micone recently issued an order directing the Office of Federal Contract Compliance Programs (OFCCP) to stop all enforcement activity under rescinded Executive Order 11246.  DOL Independent Contractor Rule Paused The Fifth Circuit recently granted the DOL's request to delay oral arguments, and it seems likely that the independent contractor rule will be short-lived. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw378 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.

The regulatory environment for employers is undergoing significant changes. President Trump’s removal of an NLRB member, the NLRB’s general counsel, and two EEOC commissioners has left those agencies without a quorum, delaying decisions and creating uncertainty for employers. Meanwhile, the repeal of Executive Order 11246 has ended affirmative action requirements for federal contractors and grantees. In this week’s episode, Epstein Becker Green attorneys Erin E. Schaefer and Courtney McFate provide clarity amid these shifts. Employers should prepare for procedural delays from both agencies and reassess their compliance obligations under Title VII of the Civil Rights Act of 1964 and state or municipal contracts in light of reduced affirmative action requirements. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw377 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 January 20, 2025, President Trump began his second term. On his first day back, he signed a record-breaking number of executive orders, many of which have a direct impact on both public- and private-sector employers. In this week’s episode, we turn to Epstein Becker Green attorney Paul DeCamp to help clients make sense of this flurry of activity. Tune in as Paul outlines what employers can anticipate from Trump 2.0 in the months ahead. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw376 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.

Group lift-outs are among the most challenging circumstances to navigate in the trade secrets and non-compete space. While possible in virtually every industry, they have become increasingly common in industries such as financial services, insurance, technology, and even design and apparel. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, A. Millie Warner, Alexander C.B. Barnard, and Haley Morrison explain the myriad of complications that can arise in these scenarios, ranging from trade secret and non-compete violations to work-related emotional and abandonment issues. Visit our site for this week’s other highlights and links: https://www.ebglaw.com/eltw375. 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.

This week, while recognizing that it’s far from “business as usual” in California and keeping our friends and clients in mind, we look at a new ruling in California regarding Private Attorneys General Act (PAGA) arbitrations. We also examine a federal appeals court decision limiting the authority of the National Labor Relations Board (NLRB) and the flurry of new employment laws taking effect in 2025. PAGA Ruling in California In what’s seen as a win for California employers, the California Court of Appeal recently ruled that every PAGA action necessarily includes an individual PAGA action. Third Circuit Limits NLRB’s Authority Over the last year, the NLRB expanded its enforcement priorities and tested the limits of its authority. But the U.S. Court of Appeals for the Third Circuit finished 2024 with a rebuke of those efforts, curbing the NLRB's authority to order legal relief. New Employment Laws in 2025 A new year brings new laws and regulations, many of which took effect on January 1. Employers can stay up to date on local and state laws and regulations by downloading our Wage & Hour Guide for Employers app, which is updated each February. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw374 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.

Happy New Year! As we kick off 2025, we’re exploring key legal trends for employers, with a focus on the implications of the incoming Trump administration. In this episode, attorneys from Epstein Becker Green's Employment, Labor & Workforce Management practice discuss their predictions on how these changes could shape the employment law landscape in the year ahead. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw373 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.

It has been a pivotal year for employers, marked by challenges to federal agency authority, sweeping state-level regulatory changes, and the looming impact of a presidential election poised to reshape labor laws nationwide. In this episode, attorneys from Epstein Becker Green's Employment, Labor & Workforce Management practice reflect on these challenges, address key client pain points, and share their insights on what the future may bring. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw372 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.