Federal Employment Rules Scrapped, with More on the Chopping Block

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this week: Hiring, Harassment, and Pregnancy Accommodation: The Equal Employment Opportunity Commission (EEOC) rescinded its 2012 "ban the box" guidance on arrest and conviction records and eliminated its 2024 workplace harassment enforcement guidance.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Precedents: The National Labor Relations Board (NLRB) reversed its 2023 decision on employee misconduct and formally rescinded its 2023 joint-employer standard.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.