What employers should know about key developments this week:

• Sixth Circuit Rejects Cemex Bargaining Order: The U.S. Court of Appeals for the Sixth Circuit refused to enforce a bargaining order issued under the National Labor Relations Board's (NLRB's) 2023 Cemex standard.
• Cemex Remains in Effect Outside the Sixth Circuit: The NLRB continues to treat Cemex as binding policy in all other jurisdictions, leaving employers outside the Sixth Circuit's reach exposed to bargaining orders under the standard.
• A Formal Reversal May Be Coming: With its current composition, the NLRB is widely expected to reject Cemex outright when the appropriate case arises—thereby restoring the long-standing framework requiring unions to win a representation election before gaining recognition.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Steven M. Swirsky provides insights on the Sixth Circuit's decision and what it means for employers navigating union recognition demands.

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Visit http://www.EmploymentLawThisWeek.com

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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.

What employers should know about key developments this week:

• FTC Enforcement Shift on Non-Competes: The Federal Trade Commission (FTC) announced it will enforce non-compete agreements on a case-by-case basis, moving away from broad rulemaking.
• Key Enforcement Priorities: The FTC is prioritizing non-competes in industries with limited access to confidential information and for low-wage, hourly, or entry-level workers.
• Health Care Industry Scrutiny: The composition of panelists at the FTC's recent workshop—including physicians and veterinarians—suggests the agency will continue focusing on non-competes involving health care professionals.

In this episode of Spilling Secrets, Epstein Becker Green attorneys Daniel R. Levy and Gianna Dano break down what the FTC's new approach means for employers, including key enforcement priorities and compliance tips.

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Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw427

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.

What employers should know about key developments this week:

• National Labor Relations Board (NLRB) Sets New Enforcement Priorities: NLRB General Counsel Crystal Carey directed regional offices to prioritize the resolution of current cases over initiating new enforcement actions.

• Department of Labor (DOL) Targets Non-Union Workplaces: In an internal memo, DOL Solicitor of Labor Jonathan Berry emphasized that enforcement would focus on non-unionized environments, noting that unions were better equipped to address issues in unionized workplaces.

• Equal Employment Opportunity Commission (EEOC) Cracks Down on Diversity, Equity, and Inclusion (DEI) Policies: EEOC Chair Andrea Lucas issued a warning that preference-based diversity policies may violate Title VII of the Civil Rights Act of 1964 and signaled a return to systemic investigations and large-scale litigation.

Download our DEI Compliance Audit Checklist:

• Review DEI-related employment practices.
• Ensure compliance with applicable federal laws.
• Align organizational policies with established best practices.

Download

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw426

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

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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. Our attorneys advise clients at every stage of their business lifecycle, delivering practical, results-driven counsel that shapes strategy, accelerates growth, and safeguards what matters most. We serve organizations of every size, from emerging startups to Fortune 100 companies, across the health care, life sciences, financial services, retail, hospitality, and technology industries, with sound legal solutions they can depend on when it counts. www.ebglaw.com

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.