What employers should know about key developments this week:

• Artificial Intelligence (AI) Conversations Are Not Privileged: In United States v. Heppner, a federal judge found that conversations with an AI tool are not privileged due to the tool's terms of service and privacy policy—a stark reminder that employers should not discuss active cases or employment matters with public AI tools.
• IT Company Fined for AI-Generated Job Postings: The U.S. Department of Justice imposed a nearly $10,000 fine on an IT company for posting AI-generated job advertisements that unlawfully excluded U.S. citizens—highlighting the need for employers to keep a human in the loop when using AI in hiring.
• Washington Bars Mandatory Employee Microchipping: Starting in mid-June 2026, Washington State will prohibit mandatory employee microchip implants, joining more than a dozen states that have banned the practice.
• Colorado Works to Repeal 2024 AI Law: A working group has proposed repealing and replacing Colorado's comprehensive AI law before its June 30, 2026, effective date, which would remove onerous compliance and reporting obligations on employers, including small businesses.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw429

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:

• 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.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw428

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:

• 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.

-

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

-

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.

What employers should know about key developments this week:

• NLRB Reinstates 2020 Joint Employer Rule: Under the National Labor Relations Board's (NLRB's) rule, a company is a joint employer only if it exercises substantial, direct, and immediate control over at least one of an employee's key employment terms.
• Employer Liability Outlook: The risk of joint-employer liability is lower without direct involvement in core employment decisions.
• DOL Proposes New Independent Contractor Rule: The U.S. Department of Labor's (DOL's) new proposal revives the 2021 standard, emphasizing economic realities and the actual practices of the parties rather than just the contractual agreements.

In this episode of Employment Law This Week®, Epstein Becker Green attorneys Erin E. Schaefer and Jeffrey H. Ruzal provide insights on the NLRB and DOL regulations, examining what these developments mean for employers.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw425

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:

· New York City's Enforcement Blitz: The city's Department of Consumer and Worker Protection is cracking down on violations of the Protected Time Off Law, issuing warnings to 56,000 employers. Non-compliance risks hefty penalties for employers.

· California Investigates Price Manipulation: California is probing "surveillance pricing," in which companies use prospective customers' personal data to adjust prices, potentially violating the Consumer Privacy Act. The state is focusing on the retail, grocery, and hotel industries.

· Pennsylvania Expands Background Check Law: A U.S. Court of Appeals for the Third Circuit ruling broadens Pennsylvania's Criminal History Record Information Act to include restrictions and notice requirements, even for voluntarily disclosed criminal history.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw424

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.

Visits from Immigration and Customs Enforcement (ICE) can have negative effects on employee morale and retention, especially if a business is unprepared. Plan for ICE investigations before they happen. Learn more in this episode of Employment Law This Week.

What employers should know about recent developments:

• Proactive Response Planning: Establish a written response plan, seek guidance from legal counsel, and ensure employees are thoroughly trained on protocols in case U.S. Immigration and Customs Enforcement (ICE) arrives at the workplace.

• Consequences of Being Unprepared: Failing to plan can prolong ICE visits, harm your organization's reputation, and negatively impact employee morale and retention.

• Action Steps for Employers: Implement clear, actionable policies and procedures, develop checklists for staff response, and conduct I-9 audits in advance to ensure documentation is current.

In this episode of Employment Law This Week®, Epstein Becker Green attorneys Melissa L. Jampol and Thomas J. Jaworski provide practical steps for employers to strengthen compliance with federal regulations, communicate confidently with staff, and mitigate risk in a rapidly evolving enforcement landscape.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw423

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.

Federal agencies are intensifying their scrutiny of workplace DEI initiatives, creating new and complex challenges for employers.

Key Takeaways for Employers:

• EEOC Investigations: The agency is using subpoena power to investigate large companies, alleging that certain DEI practices may amount to systemic race discrimination against white employees.

• FTC Involvement: The FTC is expanding its oversight into employment, issuing warning letters to law firms about their hiring practices and signaling broader scrutiny.

• Novel DOJ Liability: The DOJ is applying a new False Claims Act theory, framing some DEI practices by federal contractors as potential fraud against the government.

Epstein Becker Green attorneys Susan Gross Sholinsky and Daniella Lee detail these developments in this episode of Employment Law This Week®. Gain the practical guidance needed to assess risk, review external communications, and remain compliant in this evolving landscape.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw422

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.