Employment Law This Week

What employers should know about key developments this week: Hiring, Harassment, and Pregnancy Accommodation: The Equal Employment Opportunity Commission (EEOC) rescinded its 2012 "ban the box" guidance on arrest and conviction records and eliminated its 2024 workplace harassment enforcement guidance. The EEOC has also signaled that it intends to roll back its rules implementing the Pregnant Workers Fairness Act. Tipped Workers, Contractors, and Classification: The Department of Labor (DOL) withdrew the guidance underlying the Biden-era 80/20 tipped worker rule and finalized rules dismantling decades of affirmative action compliance guidelines for federal contractors. The DOL has also proposed a rule that would replace the six-factor "totality of the circumstances" worker classification test with a two-factor "economic realities" test. Labor Board Precedents: The National Labor Relations Board (NLRB) reversed its 2023 decision on employee misconduct and formally rescinded its 2023 joint-employer standard. NLRB General Counsel Crystal Carey's August 2026 memo identifies Biden-era precedents targeted for reversal. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw455 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.

What employers should know about key developments this week: Tip Rule Guidance: The U.S. Department of Labor rescinded three opinion letters that the Biden administration cited in its final tip rule, which revived the 80/20 standard. Federal enforcement now focuses on whether a worker's duties are related to their tipped occupation, rather than on calculating percentages. State Disparate Impact Guidance: Pushing back on the federal government's move to end disparate impact enforcement, 14 state attorneys general issued joint guidance that disparate impact liability remains legal and enforceable under state and applicable federal civil rights laws. Several states have also enacted amendments to their civil rights laws or regulations to codify disparate impact liability. Qui Tam Provisions: The U.S. Court of Appeals for the Eleventh Circuit held in September that the False Claims Act's qui tam provisions do not violate the U.S. Constitution's Appointments Clause, reversing a 2024 ruling by the U.S. District Court for the Middle District of Florida that would have invalidated them. The same district court must now decide whether the provisions violate the Vesting and Take Care Clauses, an issue the Third Circuit is also considering. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw454 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.

What employers should know about key developments this week: Balancing DEI Risk: Employers are still adjusting to the current administration's diversity, equity, and inclusion (DEI) legal framework, and the state-versus-federal conflict and possible post-midterm changes add uncertainty. Some lines are clear, but employers still need to weigh competing interests, and there are no risk-free options. AI-Assisted Employee Complaints: Investigators are seeing more complaints that are informed by artificial intelligence (AI), and some are written entirely by AI. Each one takes extra time to unpack and should be verified directly with the employee, so the employer can discern the employee's concerns in their own words. AI can add language with legal weight the employee never intended, so a strong interview process is essential. Activism, Social Media, and Generation Z: Employee activism now spreads quickly and publicly, and a company's brand posts can shape how employees feel about working there. Before responding, ask whether the issue has a nexus to terms and conditions of employment. If it does, National Labor Relations Act protections should shape the response. With Gen Z now in the workforce, employers also need to adapt how they communicate. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw453 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.

What employers should know about key developments this week: State and Local Laws: Rhode Island was the first state to pass a law requiring workplace protections for employees experiencing menopause, and Illinois and Philadelphia now have laws that take effect January 1, 2027. The Illinois law requires employers to provide reasonable accommodations for impacted employees. Vetoes in California and Virginia: California Governor Gavin Newsom vetoed menopause-related legislation three times, saying he supported protecting workers from bias tied to menopause but feared the legislation would increase litigation risk. He also noted that existing state civil rights law already covers menopausal conditions. Virginia Governor Abigail Spanberger vetoed a menopause-related bill in May 2026. Federal Proposal: Existing federal laws do not recognize menopause as a distinct protected category, so employees have relied on overlapping protections based on sex, age, or disability. The Menopausal Workers' Fairness Act, introduced in July 2026, would create an explicit federal right to reasonable accommodation for symptoms related to menopause. In this episode of Employment Law This Week®, Epstein Becker Green attorney Courtney McFate discusses state and local menopause protections for employees, vetoes of menopause-related legislation in California and Virginia, and the proposed federal Menopausal Workers' Fairness Act. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw452 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.

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.