Workforce Bulletin

On May 14, 2026, Colorado Governor Jared Polis signed SB 26-189 into law, which repeals and reenacts the Colorado Artificial Intelligence Act (“CAIA” or “SB 24-205”) and substantially alters the obligations of employers using AI to make employment-related decisions. This law marks a shift in regulating high-risk artificial intelligence and automated decision-making technology (“ADMT”). SB 26-189 becomes effective on January 1, 2027.

In the More Than 20 Federal and State Employment Trials She Handled, Only $1 Was Awarded to the Other Side. Meet Jessica Giambrone Palmese.

Most employment disputes never see the inside of a courtroom. But when they do, the attorney standing next to you matters more than you might think.

Jessica Giambrone Palmese is an Epstein Becker Green attorney whose record speaks for itself: lead counsel on 20 federal and state employment trials taken to verdict, nearly undefeated, and with a practice built on 17 years of litigating on behalf of New York City.

In this one-on-one conversation with fellow Epstein Becker Green attorney George Whipple, Jessica explains how that depth of experience shapes her approach to every case—whether it goes to trial or not.

What employers should know about key developments this week:

• Virginia and Maine Pay Transparency Laws: Both states require employers to disclose compensation ranges in job postings starting this summer (Virginia on July 1 and Maine on July 29), with key distinctions that will affect compliance strategies across industries.
• Remote Work Compliance Risks: Pay transparency laws can apply to any employer with even a single remote employee working in a covered state, which means that multistate and remote-first employers face heightened exposure regardless of where they are headquartered.
• Evolving Pay Equity Landscape: From salary history bans to pay transparency mandates, states continue to layer on new pay equity requirements, making proactive human resources (HR) training and policy audits more critical than ever.

In this episode of Employment Law This Week^®, Epstein Becker Green attorneys Adam M. Tomiak and Nancy Gunzenhauser Popper discuss Virginia’s and Maine’s new pay transparency laws, how they differ from other state laws, what the growing patchwork of pay equity requirements means for employers, and the steps organizations should take now to prepare their recruiters, HR teams, and job posting practices.

What employers should know about key developments this week:

• Arbitration Agreement Drafting Pitfalls: Vague or imprecise language regarding discovery, confidentiality, neutrality, and mutuality can hand employees a roadmap for challenging—or defeating—your arbitration agreements in court.
• AI-Assisted Drafting Risks: Artificial intelligence (AI) tools may generate arbitration agreement language based on existing law but can miss evolving legal arguments in pending cases, making attorney review essential before finalizing any agreement.
• Strategic Decision-Making for Arbitration Programs: Employers should clearly identify their primary goals for an arbitration program, familiarize themselves with the chosen forum’s rules, and ensure consistency across all arbitration provisions company-wide.

In this episode of Employment Law This Week®, Epstein Becker Green attorneys Jonathan M. Brenner and Victoria Sloan Lin discuss how imprecise drafting can leave arbitration agreements vulnerable to court challenges, why AI-assisted drafting requires careful attorney oversight, and how employers can build a more defensible and strategically sound arbitration program.

On April 22, 2026, Rep. Brett Guthrie (R-KY), chairman of the House Committee on Energy & Commerce, and Rep. John Joyce (R-Pa.), leader of the Energy and Commerce Data Privacy Working Group and chairman of the Energy and Commerce Subcommittee on Oversight and Investigations, introduced HR 8413, the Securing and Establishing Consumer Uniform Rights and Enforcement Over Data Act (the “SECURE Data Act”).

On March 30, 2026, the U.S. Department of Labor (“DOL”) proposed a new rule offering a safe harbor for fiduciaries under ERISA in connection with selecting designated investment alternatives for participant-directed defined contribution plans, such as 401(k) plans  (the “Proposed Rule”). The Proposed Rule implements Section 3(c) of President Trump’s Executive Order 143300, Democratizing Access to Alternative Assets for 401(k) Investors (such executive order, “EO 14330” was discussed in detail in a prior Epstein Becker Green Blog linked here).

What employers should know about key developments this week:

• DOL Proposes Joint Employer Rule: The Department of Labor (DOL) has proposed a rule reinstating the economic realities test for joint employer liability under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act, prompting employers with subcontractors, franchises, or subsidiaries to assess their exposure before the June 22 comment deadline.
• Fifth Circuit: Misclassification Alone Isn't Enough: The U.S. Court of Appeals for the Fifth Circuit upheld a verdict denying overtime pay to a misclassified worker, finding that, under the FLSA, an employer cannot be liable for overtime of which it had no knowledge.
• I-9 and Accessibility Rules Tighten: Immigration and Customs Enforcement has reclassified nearly all Form I-9 errors as uncorrectable "substantive" violations subject to significant fines. Separately, health care organizations receiving Department of Health and Human Services funding face a May 11 web accessibility deadline that is not covered by the Department of Justice's recent Americans with Disabilities Act Title II extension.

“Project Glasswing” is a new initiative that should command the immediate attention of every C-suite leader, privacy officer, information security professional, and compliance executive in health care and life sciences, financial services and other critical infrastructure industries, and their legal counsel.

What employers should know about key developments this week:

• NLRB Nomination Signals Shifting Board Majority: The nomination of James Macy—packaged with the renomination of Democratic Member David Prouty—could give the National Labor Relations Board (“NLRB” or “Board”) a three-person Republican majority, providing the votes needed to overturn Biden-era precedents.
• Quorum Pressure Drives Confirmation Timeline: The Senate must confirm at least one nominee before Member Prouty’s term expires in August to preserve the Board’s quorum, making a swift confirmation process likely.
• Key Precedents on the Chopping Block: With a third Republican vote, the Board is expected to revisit the captive audience meeting rule, the Cemex bargaining order decision, Thryv’s expanded remedies, and standards for evaluating employer work rules.

In this episode of Employment Law This Week^®, Epstein Becker Green attorney Michael S. Ferrell discusses what a three-person Republican majority on the NLRB would mean for employers and which Biden-era precedents are most likely to be reconsidered.

What employers should know about key developments this week:

• False Claims Act Exposure: The Department of Justice's (DOJ's) Civil Rights Fraud Initiative is scrutinizing any entity that contracts with or receives funding from the federal government whose diversity, equity, and inclusion (DEI) practices may violate the False Claims Act.
• April 25 Deadline for Federal Contractors: A new executive order requires federal contractors and their subcontractors to certify that they will not engage in discriminatory DEI programs. Federal contractors must act now to meet the looming compliance deadline.
• Multifront Enforcement Risk for All Employers: Private employers should also take note—investigations, subpoenas, and contract obligations are hitting from multiple directions, often before litigation even begins, as the DOJ and the Equal Employment Opportunity Commission signal aggressive enforcement of anti-discrimination laws.

In this episode of Employment Law This Week^®, Epstein Becker Green attorneys Leah Brownlee Taylor and Lauri F. Rasnick unpack the administration's escalating DEI enforcement actions.