While the recent DOL guidance provides long-awaited clarity on FMLA and FLSA compliance, the rapid expansion of state-level paid leave mandates is adding a new layer of regulatory risk.

Key Takeaways for Employers:

• Business Closures: Whether a partial-week business closure can be counted as FMLA leave depends on whether the employee was on FMLA leave for the entire workweek.

• Travel Time: FMLA leave may be used for travel time to and from medical appointments, even if the time is not specified on the medical certification.

• State-Level Leave: Thirteen states and the District of Columbia now have paid leave laws that interact with the FMLA, creating a complex compliance landscape.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Genevieve Murphy-Bradacs discusses what these FMLA clarifications and the patchwork of state laws mean for employers.

Mini-Family and Medical Leave Laws: Are You Up to Speed?

VIEW MAP

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw418

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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.

As we enter 2026, employers face a rapidly evolving legal landscape. In this episode of Employment Law This Week®, Epstein Becker Green attorneys share their insights on the key challenges and opportunities businesses should prepare for in the year ahead.

Key Takeaways for Employers:

• AI Workforce Changes: Expect more laws addressing reduction-in-force notifications and employee protections as artificial intelligence (AI) continues to reshape the workplace.
• Talent Retention Strategies: Group lift-outs are likely to increase, prompting a need for strategies to retain and protect talent.
• Real-Time Compliance: Employers should adopt real-time compliance monitoring to address wage violations and retaliation risks early.

Discover more predictions and practical guidance—watch the full episode now.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw417

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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.

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, with reverse discrimination suits on the rise.
• AI governance: Federal deregulation has spurred state-level action, with AI now influencing workforce management at every level.
• Non-compete regulations: The Federal Trade Commission abandoned its proposed nationwide ban on non-compete agreements, while states such as Florida and Kansas enacted employer-friendly laws.

Employers face a rapidly evolving legal landscape, and understanding the nuances of 2025's changes is essential for effective planning and compliance in 2026.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw416

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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.

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 Employers:

• Federal Enforcement Continues: The Federal Trade Commission (FTC) is still challenging unreasonable non-compete agreements despite withdrawing its nationwide ban appeal.

• Florida Favors Employers: Florida solidified its position as an employer-friendly jurisdiction with the new Contracts Honoring Opportunity Investment Confidentiality and Economic Growth Act, which explicitly permits restrictive covenants lasting up to four years.

• State Laws Evolve: Key state-level non-compete bills are pending in Illinois, Washington, and New York—employers should stay updated.

Epstein Becker Green attorneys Daniel R. Levy, Carolyn O. Boucek, and David J. Clark break down these critical developments in this episode of Spilling Secrets.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw415

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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.

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 guidance from the U.S. Treasury Department and the IRS states that penalties will not be assessed for employers who fail to meet the new reporting requirements for cash tips and overtime compensation in 2025.

Sixth Circuit Widens Circuit Split on NLRB Authority

The U.S. Court of Appeals for the Sixth Circuit has joined the Third and Fifth Circuits in ruling that the NLRB's expanded "make whole" remedies are inconsistent with the National Labor Relations Act.

NLRB Nomination Stalls

A Senate HELP committee vote on NLRB nominee Scott Mayer, which was scheduled for November 19, was canceled. Confirmation of the nominee would restore the Board's quorum.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw414

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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.

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 workplace policies.
• Key Priorities: Among the EEOC's key priorities are protecting pregnant workers, addressing religious bias, and scrutinizing diversity, equity, and inclusion programs for potential reverse discrimination.
• Religious Focus: The EEOC is expected to issue new guidance on religious discrimination and accommodations.

In this episode of Employment Law This Week®, Epstein Becker Green attorney James D. Mackinson discusses the latest updates from the EEOC and what they mean for employers.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw413

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe

Visit http://www.EmploymentLawThisWeek.com

-

Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies.

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.

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 NLRB may soon have three members, reestablishing a quorum and potentially impacting employers significantly.

What Employers Should Know:

• Nominees Pending: Two Republican nominees to the NLRB, as well as the NLRB's General Counsel nominee, are awaiting U.S. Senate confirmation.
• Backlog: Restoring a quorum would allow the NLRB to address its backlog of cases and resume issuing decisions.
• Majority Requirement: Historically, a three-vote majority has been needed to overturn major precedents, which the NLRB may lack until it includes at least three Republican members.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Corey P. Argust discusses the implications as the NLRB moves toward full operations.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw412

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-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 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 to enforce compliance with H-1B visa regulations. The program aims to ensure employers follow federal guidelines while balancing U.S. workers' rights and businesses' needs for skilled foreign labor.

DOL Issues Guidance for Fertility Treatments

Employers can now offer stand-alone fertility benefits, such as in-vitro fertilization (IVF) coverage, as "excepted benefits" separate from traditional health plans under new guidance from the DOL.

Federal Judge Strikes Down Gender Identity Protections

A federal judge in the Southern District of Mississippi has voided a Biden-era rule that extended sex discrimination protections under the Affordable Care Act to include gender identity, raising questions about the future of gender-affirming care protections.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw411

Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app.

Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-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.