Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. This is the audio podcast version of the video series launched in October 2015 by law firm Epstein Becker Green.
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No business likes litigation. Lawsuits and trials can be stressful, unpredictable, and often confounding—even for battle-scarred business leaders. But they’re something almost every business must confront. Speaking of Litigation pulls back the curtain for an inside look at the various stages of litigation and the key strategic issues businesses face along the way. Knowledge is power, and this show empowers executives and in-house counsel to make better decisions before, during, and after dis ...
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Today’s health care industry is a high-stakes environment full of legal, policy, and regulatory-related obstacles. There are also tremendous opportunities, and in order to thrive, it is critical for executives, general counsel, and administrators to have a consistent pulse on trends and available business solutions. Subscribe to our health care podcast, Diagnosing Health Care, for thought-provoking, strategic insights from Epstein Becker Green attorneys and health care professionals.
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#WorkforceWednesday: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB Ruling
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This week, we’re spotlighting the Federal Trade Commission’s (FTC’s) decision to withdraw from a federal labor pact; the Equal Employment Opportunity Commission’s (EEOC’s) report on alleged underrepresentation in science, technology, engineering, and mathematics (STEM)-related jobs; and an appellate court’s affirmation of the National Labor Relatio…
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Mastering Legal Writing: Elevate Your Written Advocacy
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In the legal world, the effectiveness of your writing can make or break your case. In this episode of Speaking of Litigation, Epstein Becker Green attorneys Max Cadmus, Tom Kane, and Ed Yennock delve into the critical aspects of crafting compelling legal documents. They discuss the fine line between assertive and aggressive writing, emphasizing the…
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The DOL recently clarified that its 2021 cybersecurity guidance applies to all ERISA-covered employee benefit plans, including health and welfare plans. This clarification raises important questions for employers regarding compliance and security. Epstein Becker Green attorneys Brian G. Cesaratto and Samuel C. Nolan provide their analysis of the ke…
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The Fifth Circuit recently struck down the DOL’s tip credit rule, finding that the agency had exceeded its authority under the Fair Labor Standards Act. However, that same court later upheld the DOL’s authority to set a minimum salary threshold for overtime exemption. Epstein Becker Green attorney Paul DeCamp, who represented the restaurant plainti…
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Spilling Secrets: After the Block: What’s Next for Employers and Non-Competes?
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On August 20, 2024, the U.S. District Court for the Northern District of Texas invalidated the FTC’s non-compete ban, deeming it arbitrary and capricious and beyond the scope of the agency’s statutory authority. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Erik W. Weibust, and Paul DeCamp tell us more abo…
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Workplace Violence in Health Care: Dissecting the Legal Landscape and Implications for Employers
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Workplace violence in health care settings is on the rise, capturing the attention of both state and federal lawmakers. As awareness grows, so too does legal scrutiny and the push for new regulations and enforcement. In these seemingly critical times, what should health care employers be thinking about and incorporating into their comprehensive str…
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#WorkforceWednesday: Staples Sued Over MA’s Lie Detector Notice, NJ’s Gender-Neutral Dress Code, 2024 Voting Leave Policies
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This week, we’re highlighting a few state-level employment issues, including the legal challenges faced by Staples, Inc., regarding the Massachusetts lie detector ban; New Jersey’s implementation of a gender-neutral dress code for businesses; and the varying voting leave policies across states in preparation for the November election. Staples Sued …
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Navigating the Labyrinth of Private Equity Investments in Health Care
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The game has changed—are you positioned to adapt? Over the past 12 months, the federal government has been heavily regulating private investment in health care entities. Simultaneously, multiple states have enacted or introduced new laws restricting or requiring approval of such investments. The question arises: What do you do if you already have i…
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On August 20, 2024, the U.S. District Court for the Northern District of Texas blocked the FTC’s ban on non-compete agreements nationwide. What does this mean for employers? Epstein Becker Green attorney Peter A. Steinmeyer tells us what employers should be doing now and outlines the implications of this decision on existing and future non-compete …
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The DOJ’s new Corporate Whistleblower Awards Pilot Program introduces significant changes for employers, particularly those in private health care and financial institutions. So, what details do employers need to be aware of? Epstein Becker Green attorney Gregory Keating describes how employers can protect their businesses and stay ahead of potenti…
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This week, we’re looking at recent state-level changes and legal trends that have varying degrees of impact on employers. Massachusetts Pay Equity Law Massachusetts is the most recent state to enact a pay equity law. The law establishes new pay range disclosure requirements for employers that employ 25 or more employees in Massachusetts. Illinois A…
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Spilling Secrets: What Is the Future of Non-Compete Agreements for Employers?
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On July 23, 2024, a federal judge in Pennsylvania denied a motion to enjoin the FTC’s non-compete ban. This ruling is in direct opposition to one by a district court in Texas that enjoined the ban in early July. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, A. Millie Warner, and Paul DeCamp look into their…
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Making the Lawyer-Client Relationship Work in Challenging Litigation
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Sometimes, challenging clients need to be challenged. Whether encouraging candid client conversations or reining clients in during depositions, it’s important to keep the ultimate goal in mind: success. In this episode of Speaking of Litigation, Epstein Becker Green attorneys Jim Flynn, Anthony Argiropoulos, and Alex Barnard dive into the world of …
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The DEA Is Knocking at Your Door . . . Are You Prepared?
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Knock, knock! If the Drug Enforcement Administration (DEA) is already at your door, it may be too late. Enforcement is on the rise, and the microscope is fixed on controlled substances. What can industry stakeholders do to prevent penalties and protect themselves from DEA scrutiny? On this episode, Epstein Becker Green attorneys Melissa Jampol, Dav…
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Last week, a Texas district judge challenged the constitutionality of the NLRB’s structure. Judge Albright of the U.S. District Court for the Western District of Texas issued a preliminary injunction in favor of SpaceX, suggesting that the president’s inability to dismiss NLRB administrative law judges and board members could be unconstitutional. E…
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The Future of Laboratory Testing Just Got a Little Clearer: FDA's Final Rule on LDTs
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Laboratories in the United States are facing a major regulatory landscape shift. The U.S. Food and Drug Administration (FDA) has finalized a new rule ending its historical blanket enforcement discretion over laboratory developed tests (LDTs). What does this mean for labs going forward? On this episode, Epstein Becker Green attorneys James Boiani, R…
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Spilling Secrets: Can FTC’s Non-Compete Ban Survive Without Chevron Deference?
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The FTC’s ban on non-competes will go into effect on September 4, 2024, but legal challenges remain. So, how can employers prepare? In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, Erik W. Weibust, and Paul DeCamp tell us more about how the U.S. Supreme Court’s overruling of the Chevron doctrine might affect …
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Down Goes Chevron: A 40-Year Precedent Overturned by the Supreme Court
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In a recent landmark decision, the U.S. Supreme Court overruled the Chevron doctrine in the case of Loper Bright Enterprises v. Raimondo. This ruling has significant implications for employers and other entities in the health care and life sciences industries, as it changes the way courts are likely to interpret and apply regulations issued by fede…
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This week, we’re delving into the U.S. Supreme Court’s recent overturning of the Chevron doctrine and how this landmark decision is opening the floodgates for challenges against federal agencies. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw352 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscri…
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This week, we’re examining California Governor Gavin Newsom’s new deal that was brokered to amend the Private Attorneys General Act of 2004 (PAGA). Last week, Governor Newsom announced that California’s business and labor groups had come to an agreement to reform PAGA. Two legislative bills encompassing the agreed-upon PAGA reforms (AB 2288 and SB …
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Spilling Secrets: Protecting Trade Secrets with E-Discovery
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There’s a common misperception that ESI just means emails, but it’s much more than that. ESI encompasses anything in digital or electronic form. The departure of an employee is at the root of most trade secret and restrictive covenant litigation. Therefore, when an employee departs, the timely preservation of ESI must be a standard operating proced…
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Trial by Tech: The Evolution of the Digital Courtroom
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Ever wondered how courtroom battles have evolved with the rise of technology? Join us on this episode of Speaking of Litigation as Epstein Becker Green litigators Ken Kelly, Eric Moran, and Ed Yennock explore how technological advancements have reshaped the landscape of legal trials. From the days of low-tech (or no-tech) to the sophisticated digit…
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If Cannabis Is Reclassified, What Will Happen to the Marketplace?
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Will the reclassification of marijuana from a Schedule I to a Schedule III drug disrupt the cannabis marketplace? What consequences must industry stakeholders consider if the Drug Enforcement Administration's proposal becomes a reality? On this episode, special guests Anthony Minniti, a New Jersey-licensed pharmacist, and Stacey Udell, an accountan…
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This week, we’re recapping recent U.S. Supreme Court (SCOTUS) decisions and their impact on employers across the country. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw349 Subscribe to #WorkforceWednesday®: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented …
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#WorkforceWednesday: EEO-1 Filing After June 4: What to Do Now, and How to Prepare for Next Year
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This week, we’re focused on the Equal Employment Opportunity Commission’s (EEOC’s) filing requirements for the EEO-1 Component 1 data. The EEOC requires private employers with 100 or more employees, as well as certain federal contractors, to submit EEO-1 reports annually. Yesterday, June 4, 2024, was the deadline for employers to file EEO-1 Compone…
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#WorkforceWednesday: Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift
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This week, we’re highlighting recent updates across the state and federal employment landscapes, including the New Jersey Supreme Court’s non-disparagement ruling, the U.S. Department of Labor’s (DOL’s) new artificial intelligence (AI) guidelines, and the DOL’s restructuring of Occupational Safety and Health Administration’s (OSHA’s) regional opera…
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Unveiling Gender-Affirming Care: Why It Matters and What's at Stake
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Gender-affirming care has become the latest flashpoint in state legislatures and state and federal courts across the nation. States are divided, with some passing laws that seek to restrict access to gender-affirming care and others aiming to protect access. What is gender-affirming care? What risks does it pose to providers and patients? On this e…
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