Employment Law This Week Podcast

#WorkforceWednesday: Nationwide FLSA Lawsuits Just Got Harder—Here’s Why

In Harrington v. Cracker Barrel Old Country Store, Inc., the Ninth Circuit ruled that, in FLSA collective actions, federal courts must evaluate personal jurisdiction before allowing notices to out-of-state employees in nationwide claims—a move that strengthens employers’ ability to challenge these cases. Key Takeaways for Employers Jurisdiction matters: Courts must confirm jurisdiction before notifying out-of-state employees. Limited forum shopping: Plaintiffs face limits to filing in unrelated jurisdictions. Stronger grounds for employers: Employers can challenge out-of-state claims with no forum ties. Arbitration implications: Courts may notify employees under arbitration agreements. In this episode of Employment Law This Week®, Epstein Becker Green attorney Courtney McFate describes the Harrington ruling and shares insights to help employers adapt and minimize costly lawsuits. Visit our site for this week’s Other Highlights and links: https://www.ebglaw.com/eltw399 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

#WorkforceWednesday: NLRB Quorum Limbo, DOL Deregulation Push, Coldplay Concert Exposes Workplace Romance

This week, we look at the potential restoration of a quorum at the National Labor Relations Board (“NLRB” or “Board”), the U.S. Department of Labor’s (DOL’s) deregulatory initiatives, and lessons from a high-profile workplace incident at a Coldplay concert. NLRB May Regain Quorum Lacking a quorum, the NLRB is currently unable to issue decisions affecting workplace policies and disputes. On July 17, 2025, President Trump nominated two Republicans to fill vacant seats on the Board. Senate confirmation of the nominees is required to restore the Board’s authority and ensure continued guidance for employers. DOL Begins Deregulation Push The DOL’s deregulatory agenda could reshape compliance priorities for employers. Plans include 63 actions to roll back regulations and align with federal mandates. Coldplay Concert Exposes Workplace Romance  A viral “kiss cam” moment at a recent Coldplay concert led to the resignations of a CEO and a Chief People Officer and heightened legal exposure for their company. This is a reminder that employers must implement and consistently enforce relationship policies to prevent risk and uphold workplace credibility. --  Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Visit our site for this week’s Other Highlights and links: https://www.ebglaw.com/eltw398 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

#WorkforceWednesday: FTC and Florida Focus on Non-Competes, SCOTUS to Rule on Pension Withdrawal Liability

This week, we’re examining the Federal Trade Commission’s (FTC’s) stance on a federal non-compete ban, the expansive changes introduced by Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, and a pivotal ruling by the Supreme Court of the United States (SCOTUS) on pension withdrawal liabilities. FTC Delays Decision on Non-Compete Rule         The FTC requested an additional 60 days to decide if it will continue defending the non-compete ban, suggesting the rule may soon be withdrawn. Florida CHOICE Act Expands Non-Competes Florida’s new CHOICE Act now allows non-compete agreements for covered employees to span up to four years, doubling the previous limit. The law also simplifies the process for employers to secure injunctive relief, making Florida one of the most employer-friendly states.  SCOTUS to Rule on Pension Withdrawal Liability SCOTUS will decide how pension withdrawal costs are calculated, which could mean significant financial changes for employers. - Download our Wage & Hour Guide for Employers app: https://www.ebglaw.com/wage-hour-guide-for-employers-app. Visit our site for this week’s Other Highlights and links: https://www.ebglaw.com/eltw397 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

#WorkforceWednesday: What the One Big Beautiful Bill Act Means for Employers

The OBBBA introduces major shifts for employers, transforming employee benefits, executive compensation, and workforce compliance. Are you prepared to adapt? Essential Impacts for Employers Dependent care and education benefits—higher flexible spending account limits and tax-favored student loan repayment programs Health savings accounts—expanded eligibility and coverage options for employees Executive compensation rules—new tax implications for public companies and nonprofits Epstein Becker Green attorneys Elliot Katz and Lucas Peterhans break down these updates in this episode of Employment Law This Week®. Get the insights you need to stay ahead of these sweeping changes. Read more insights on the OBBBA from our benefits team: https://www.workforcebulletin.com/hot-dogs-fireworks-and-the-one-big-beautiful-bill-what-employers-need-to-know-about-the-employee-benefits-and-executive-compensation-changes Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw396 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/subscribe/ Visit http://www.EmploymentLawThisWeek.com This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Spilling Secrets: Legal Shifts in 2025 Put Employer Non-Compete Strategies at Risk

Non-compete legislation is evolving rapidly at the state level, with new laws taking effect soon in Arkansas, Kansas, Virginia, and Wyoming. Looking ahead, pending bills in over a dozen states could reshape how employers approach restrictive covenants. In this episode, Epstein Becker Green attorneys Peter A. Steinmeyer, Daniel R. Levy, David J. Clark, and Carolyn O. Boucek discuss the new and proposed state non-compete laws and their implications for employers, as well as alternative tools that can be used to address these restrictions. From expanded protections for low-wage workers in Virginia to Kansas’s focus on non-solicit provisions, this episode offers actionable takeaways to help employers stay compliant. Visit our site for this week’s other highlights and links: https://www.ebglaw.com/eltw395 Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. We invite you to view Employment Law This Week® – learn about significant developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. Watch the series and subscribe for email notifications: http://www.EmploymentLawThisWeek.com. These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.