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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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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#WorkforceWednesday: Key SCOTUS Decisions This Term for Employers
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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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#WorkforceWednesday: DOL’s Expanded Overtime Salary Limits, EEOC’s Sexual Harassment Guidance, NY’s Mandatory Paid Prenatal Leave
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This week, we’re detailing for employers the U.S. Department of Labor’s (DOL’s) expansion of overtime salary limits, the U.S. Equal Employment Opportunity Commission’s (EEOC’s) recently released sexual harassment guidance, and New York State’s unprecedented mandatory paid prenatal leave. Visit our site for this week's Other Highlights and links: ht…
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Litigating Nutrition: Class Action Battles Over Dietary Supplements
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When it comes to dietary supplement class actions, there’s a little less class and a lot more action. In this episode of Speaking of Litigation, Epstein Becker Green litigators Teddy McCormick, Jack Wenik, and Robert Lufrano explore the litigious minefield of class action battles, particularly focusing on the challenges faced by companies amid the …
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Spilling Secrets: FTC Nixes Non-Competes Nationwide—Now What?
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On April 23, 2024, the Federal Trade Commission (FTC) announced its final rule banning virtually all non-compete agreements nationwide. Employers across the nation are looking for answers. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer and Erik W. Weibust lay out the details of the ban, the legal challenges …
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#WorkforceWednesday: Avoiding Legal Illusions: Crafting Effective Arbitration Agreements
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This week, we’re diving into arbitration agreements and learning some best practices for employers when crafting these agreements. Employers often include arbitration agreements in their onboarding and other employee materials. Arbitration agreements are an important tool for employers due to the relative speed and lower costs associated with arbit…
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#WorkforceWednesday: SCOTUS Expands Title VII, EEOC’s Final PWFA Rule, AI Screening Tools
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This week, we’re breaking down the U.S. Supreme Court’s (SCOTUS’s) new workplace discrimination decision, the Equal Employment Opportunity Commission’s (EEOC’s) final rule on the Pregnant Workers Fairness Act (PWFA), and whether the creator of artificial intelligence (AI) hiring tools should be liable for alleged bias by the tools. Visit our site f…
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Spilling Secrets: Navigating Physician Non-Compete Litigation
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Health care employers face unique challenges and considerations when deciding whether to litigate non-compete agreements with physicians. However, in such a quickly evolving legal landscape, the decision to take the matter to court is not always clear. In this episode of Spilling Secrets, Epstein Becker Green attorneys Katherine G. Rigby, Erik W. W…
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Key Changes in Finalized Antitrust Merger Guidelines
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After nearly two years of combined efforts from the Federal Trade Commission and the Antitrust Division of the Department of Justice, the agencies jointly issued much-anticipated merger guidelines identifying the procedures and enforcement practices they will apply for evaluating potential mergers. What might these changes mean for hospitals, healt…
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#WorkforceWednesday: Union Reps at OSHA Inspections, New COVID-19 Guidance, and Minimum Wage Updates
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This week, we’re learning more about the Occupational Safety and Health Administration’s (OSHA’s) final rule on safety inspections, new COVID-19 guidance from the Centers for Disease Control and Prevention (CDC), and minimum wage updates from California (CA), New York City (NYC), and Virginia (VA). Visit our site for this week's Other Highlights an…
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#WorkforceWednesday: New DOL Rules, U.S. Government Changes Race and Ethnicity Categorization
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This week, we’re taking a look at the Department of Labor’s (DOL’s) new white-collar overtime exemption and worker classification rules and the U.S. government’s updated race and ethnicity categorizations. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw340 Subscribe to #WorkforceWednesday: https://www.ebglaw.c…
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#WorkforceWednesday: How Can Employers Prepare for the Future of Pay Equity?
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This week, we’re highlighting the evolving landscape of pay equity and pay data reporting requirements. Efforts to address pay disparities have led to an increase in pay equity legislation that shows no signs of slowing down. Epstein Becker Green attorneys Kimberly Carter and Ann Knuckles Mahoney shed light on the dynamic shifts in pay equity laws …
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“They Said What?! I’ll Sue!” – Litigating Defamatory Claims
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As the spotlight on high-profile judgments intensifies, terms such as “libel,” “slander,” and “defamation” permeate public discourse. Former U.S. presidents, A-list celebrities, and even college professors and local business owners face the specter of defamatory statements broadcast and scrutinized worldwide. But what lies beneath the surface of th…
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Spilling Secrets: Bracket-Busting Trade Secret and Non-Compete Disputes in Sports
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As college basketball madness sweeps across the nation this March, we’re seizing the opportunity to explore the intriguing intersection of trade secrets law and the sports world. In this episode of Spilling Secrets, Epstein Becker Green attorneys Peter A. Steinmeyer, James P. Flynn, Daniel R. Levy, and Susan Gross Sholinsky appeal to both sports fa…
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#WorkforceWednesday: Termination Meetings on the Record
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This week, we’re illustrating how employers can avoid ill repute when conducting virtual terminations. With virtual terminations on the rise, what steps should employers take to ensure they are prepared and compliant if an employee secretly records their termination? Epstein Becker Green attorneys Marc A. Mandelman and Lauri F. Rasnick tell us more…
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#WorkforceWednesday: Federal Agencies Pushing Boundaries Met with Backlash, Impacts of SCOTUS Chevron Deference
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This week, we’re concentrating on the flurry of challenges that federal agencies—such as the U.S. Department of Labor (DOL), the National Labor Relations Board, and the Occupational Safety and Health Administration (OSHA)—have recently faced in the courts. We’ll also discuss potential changes to the U.S. Supreme Court’s (SCOTUS’s) controversial Che…
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Spilling Secrets: Latest Developments: Restrictive Covenants in the Health Care Industry
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Restrictive covenants are evolving at a record pace right now at both the federal and state levels. Employers are struggling to keep up, and that’s especially true in the health care industry. In this episode of Spilling Secrets, Epstein Becker Green attorneys Katherine G. Rigby, Erik W. Weibust, Glenn P. Prives, and Denise Merna Dadika discuss res…
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Privacy Officer’s Roadmap: Data Breach and Ransomware Defense
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As a privacy officer, what keeps you up at night? Is it the ransomware boogeyman, or perhaps the data breach creeps? Whatever it may be, Epstein Becker Green litigators J.T. Wilson III, Stuart Gerson, and Brian Cesaratto are here to shed light on the subject in this episode of Speaking of Litigation. The growth of artificial intelligence, foreign s…
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#WorkforceWednesday: SECURE 2.0 Act: Navigating New Retirement Plan Provisions in 2024
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This week, we’re looking at what’s new for the SECURE 2.0 Act in 2024. The SECURE 2.0 Act revolutionized retirement planning by simplifying and expanding retirement and health plan benefits. Over a year after the legislation became law, provisions are still rolling out. So, what’s new in 2024? Epstein Becker Green attorneys Cassandra Labbees and Ma…
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#WorkforceWednesday: California’s Non-Compete Notice Deadline Approaches, California Workplace Violence Regulations, Estrada Decision Keeps Door Open for PAGA Challenges
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This week, we present a California labor and employment update featuring the upcoming deadline for non-compete notice rules, workplace violence regulations by the California Division of Occupational Safety and Health (Cal/OSHA), and the recent Estrada decision's implications for the Private Attorneys General Act (PAGA). Visit our site for this week…
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#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB
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This week, we’re running down the U.S. Department of Labor’s (DOL’s) recently released final rule on worker classification under the Fair Labor Standards Act (FLSA), the challenges faced by the National Labor Relations Board’s (NLRB’s) joint-employer rule, and SpaceX’s groundbreaking suit against the NLRB. Visit our site for this week's Other Highl…
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Spilling Secrets: Invention Ownership: Why the Tense Matters in Employee IP Provisions
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On an employee’s first day, employers can begin protecting trade secrets by ensuring they maintain ownership over all intellectual property (IP) that the employee will create. In this episode of Spilling Secrets, Epstein Becker Green attorneys A. Millie Warner, James P. Flynn, Hemant Gupta, and Adelee Traylor dive into the key steps employers can t…
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