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.

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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.

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.

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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.

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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.