Workforce Bulletin

As featured in #WorkforceWednesday®: This week, we examine what employers should anticipate as the National Labor Relations Board (NLRB)—which currently has only one active member, a Democrat, and four vacancies—moves closer to regaining a quorum and resuming full operations.

For the first time in more than 10 months, the NLRB may soon have three members, reestablishing a quorum and potentially impacting employers significantly.

Epstein Becker Green attorney Corey P. Argust discusses the implications as the NLRB moves toward full operations.

As featured in #WorkforceWednesday®: This week, we’re covering the U.S. Department of Labor’s (DOL’s) launch of Project Firewall to enforce H-1B visa compliance and new guidance on stand-alone fertility benefits, as well as a federal court ruling voiding gender identity protections.

On September 29, 2025, Ohio joined 13 other states with its adoption of a “mini-WARN” Act (“Ohio WARN”), which will supplement federal WARN notice requirements for employers anticipating mass layoff events. Enacted at Ohio Revised Code Section 4113.31, Ohio WARN largely tracks federal WARN standards, however, there are notable differences from federal WARN of which Ohio employers should be aware. In addition, the Ohio WARN statutory language contains a few key ambiguities that may complicate employer compliance with the law until these points are addressed in either a statutory amendment, regulations, or official guidance.

As featured in #WorkforceWednesday®: This week, we discuss highlights from Epstein Becker Green’s 44th Annual Workforce Management Briefing, which covered some of the most pressing issues for employers today.

Epstein Becker Green attorneys and clients from across the nation gathered in New York City this past week to share their insights on the latest developments in labor and employment law.

In this episode of Employment Law This Week, we hear from a few of the briefing’s panelists about the critical issues their clients are currently facing.

Key Topics of Discussion:

• Navigating Workplace Compliance and Litigation Risks: Panelists spoke about handling accommodation requests, defending class and collective claims, and refining termination strategies across varied regulatory landscapes.
• Adapting to Evolving Workforce Dynamics: Speakers explored managing diversity, equity, and inclusion initiatives; return-to-office mandates; and the rise in union activity.
• Governing AI and Technology: Panelists talked about ensuring responsible artificial intelligence (AI) adoption while addressing data privacy, liability, and ethical considerations.

On October 9, 2025, the New York City Council passed two bills that would place new pay data reporting obligations on employers and require the city government to conduct a pay equity study.

The bills await action from Mayor Eric Adams, who has until November 8, 2025, to either sign or veto the bills before they become law by default.

New York City would become the fourth U.S. jurisdiction to mandate pay data reporting, following California, Illinois, and, most recently, Massachusetts, even as the Equal Employment Opportunity Commission (EEOC) has rolled back pay data reporting ...

As featured in #WorkforceWednesday®: This week, we’re covering an uptick in state-level employment law activity, federal court decisions on “captive audience” bans, and Rhode Island's new menopause accommodation requirements.

State Legislative Activity Increases

California has introduced new laws on paid sick leave, artificial intelligence, pay equity, and protections for tipped workers. Meanwhile, other states are also rolling out new laws impacting employment practices.

Courts Clash Over “Captive Audience” Bans

Federal courts have issued conflicting rulings on state restrictions regarding employer-mandated meetings related to union organizing.

Rhode Island Enacts First-Ever Menopause Law

Through a new amendment to its Fair Employment Practices Act, Rhode Island has become the first state in the country to require employers with four or more employees to accommodate menopause symptoms.

On August 4, 2025, Plaintiff Arshon Harper (“Harper”) filed a class action complaint in the Eastern District of Michigan against Sirius XM Radio, LLC (“Sirius”) asserting claims of both unintentional and intentional racial discrimination under Title VII of the Civil Rights Act. Harper alleges that Sirius’ use of a commercial AI hiring tool that screens and analyzes resumes resulted in racial discrimination against him and other similarly situated African American applicants.

As year-end approaches, it is an opportune time for companies to run an internal audit of their nonqualified deferred compensation plans to flag any potential violations of IRC Section 409A (“Section 409A”). Generally, the sooner a potential violation of Section 409A is identified, the more options a company has to correct the potential violation.

The guidance provided by the IRS regarding correcting 409A failures provides additional flexibility if errors are corrected within the year in which they occur, which means that after December 31, 2025, it could be more difficult and more costly to fix a 409A failure that occurred in 2025.

As featured in #WorkforceWednesday®: A wave of changes to state-level family and medical leave laws, set to take effect in 2026 and beyond—along with recent expansions—is adding to the already-complex patchwork of family and medical leave regulations across the country.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Eric I. Emanuelson, Jr., breaks down what’s changing and how employers can prepare.

Recent amendments to the Illinois Workplace Transparency Act (WTA) (HB 3638) require changes to Illinois employment agreements and separation agreements, beginning as of January 1, 2026.

The WTA, first enacted in response to the #MeToo movement, imposes certain procedural requirements on employment-related contracts for Illinois employees. These amendments impose additional restrictions, the most significant of which involves confidentiality clauses in separation agreements.