Workforce Bulletin

As featured in #WorkforceWednesday®: This week, we’re focused on federal contractors and the effects that the reinstatement of Executive Orders 14151 and 14173 will have on employers.

President Trump’s executive orders against diversity, equity, and inclusion (DEI) are back in effect after the U.S. Court of Appeals for the Fourth Circuit stayed a nationwide injunction, posing new compliance challenges for federal contractors.

In this week’s episode, Epstein Becker Green attorneys Nathaniel M. Glasser and Frank C. Morris, Jr., outline the implications for employers, focusing on the False Claims Act, whistleblower risks, and the need for certification of compliance with anti-discrimination laws. Tune in to learn what steps your organization can take to mitigate potential penalties and retaliation claims.

Addressing whistleblower claims is one of the most sensitive and complex issues employers face. It becomes especially challenging when the claims involve compliance officers, risk officers, or even lawyers tasked with identifying potential problems.

In this one-on-one interview, Epstein Becker Green attorney Alex Barnard sits down with George Whipple to explore the unique challenges whistleblower allegations present within organizations. Alex explains how courts distinguish between performing one's job duties and raising legitimate whistleblower concerns, particularly when internal experts are involved. He also outlines key strategies for investigating claims fairly, avoiding retaliation, and navigating the fine line between good-faith and bad-faith whistleblowing.

As featured in #WorkforceWednesday®: This week, we’re covering a change in leadership at the U.S. Department of Labor (DOL), the reinstatement of National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox (restoring a crucial quorum), and the Equal Employment Opportunity Commission’s (EEOC’s) focus on new enforcement priorities.

On Friday, March 14, 2025, ruling on a Government motion for a stay pending appeal, the United States Court of Appeals for the Fourth Circuit issued an Order staying a preliminary injunction that was issued in National Association of Diversity Officers in Higher Education (NADOHE) et al. v. Trump three weeks prior. The unanimous ruling by a three-judge panel allows for full enforcement of two Executive Orders (EOs) regarding “Diversity, Equity, and Inclusion” (DEI), lifting the nationwide injunction against specific provisions that we explained here.

The Fourth Circuit panel issued its decision shortly after a District Court hearing on an emergency motion filed by the plaintiffs, who requested a status conference to review the  U.S. Department of Justice’s alleged refusal to comply with the preliminary injunction. Four days earlier, on March 10, 2025, the District Court had issued a Clarified Preliminary Injunction along with a Memorandum Opinion, explaining that the February 21st ruling did not apply to the President, but applied to all federal executive branch agencies, departments, and commissions, and their heads, officers, agents, and subdivisions.

Beginning April 9, 2025, Ohio employers will be legally required to give employees access to their paystubs. Citing transparency, accountability, and fairness in the workplace, the Ohio General Assembly unanimously passed the the Paystub Protection Act (PPA),  which requires Ohio employers to issue paystubs, either electronically or via hard copy, to all employees on regular paydays that include the:

• Names of the employee and employer;
• Employee’s address;
• Employee’s total gross wages during the pay period;
• Employee’s total net wages during the pay period;
• Amount and purpose of each addition or deduction to wages; and
• Dates of the pay period.

For hourly employees, the following three additional items are required:

• Total hours worked;
• Hourly rate; and
• Hours worked in excess of 40 hours in one workweek.

As featured in #WorkforceWednesday®: This week, we examine the risks tied to diversity, equity, and inclusion (DEI) initiatives that employers face due to the Trump administration’s executive orders and the ensuing scrutiny from federal agencies, including the Equal Employment Opportunity Commission (EEOC).

President Trump’s two anti-DEI executive orders are temporarily blocked, but some employers are adjusting policies and shifting the way they collect workforce data. While critical obligations, such as EEO-1 reporting, remain in place, the EEOC’s acting chair has indicated the agency will prioritize addressing race and gender discrimination and bias.

In this week’s episode, Epstein Becker Green attorneys Jill K. Bigler and Briar L. McNutt discuss how employers can balance compliance with federal, state, and international regulations while effectively mitigating risks.

While much attention has been given to the Trump Administration’s early federal policy objectives to increase immigration enforcement, clients should also be aware of similar increased enforcement policies at the state level.

Last month, Tennessee Governor Bill Lee signed into law a bill passed by the state legislature during a recent special legislative session. The new Tennessee law attempts to strengthen immigration enforcement in Tennessee with the following measures:

1. Creates a Centralized Immigration Enforcement Division at the state level, to be led by a Chief Immigration Enforcement Officer (“CIEO”) appointed by the Governor. The CIEO will coordinate directly with the Trump Administration on federal immigration policies and implementation.

As featured in #WorkforceWednesday®: This week, we’re covering significant updates shaping workplace policies, including shifts in regulations and enforcement related to diversity, equity, and inclusion (DEI); evolving approaches to Equal Employment Opportunity Commission (EEOC) compliance; and recent changes in National Labor Relations Board (NLRB) guidance.

On November 8, 2024, the California Privacy Protection Agency (the “Agency” or the “CPPA”) Board met to discuss and commence formal rulemaking on several regulatory subjects, including California Consumer Privacy Act (“CCPA”) updates (“CCPA Updates”) and Automated Decisionmaking Technology (ADMT). Shortly thereafter, on November 22, 2024, the CPPA published several rulemaking documents for public review and comment that recently ended February 19, 2025. If adopted, these proposed regulations will make California the next state to regulate AI at a broad and comprehensive scale, in line with Colorado’s SB 24-205, which contains similar sweeping consumer AI protections. Upon consideration of review and comments received, the CPPA Board will decide whether to adopt or further modify the regulations at a future Board meeting.  This post summarizes the proposed ADMT regulations, that businesses should review closely and be prepared to act to ensure future compliance.

Article 11 of the proposed ADMT regulations outlines actions intended to increase transparency and consumers’ rights related to the application of ADMT. The proposed rules define ADMT as “any technology that processes personal information and uses computation to execute a decision, replace human decisionmaking, or substantially facilitate human decisionmaking.” The regulations further define ADMT as a technology that includes software or programs, uses the output of technology as a key factor in a human’s decisionmaking (including scoring or ranking), and includes profiling. ADMT does not include technologies that do not execute a decision, replace human decisionmaking, or substantially facilitate human decisionmaking (this includes web hosting, domain registration, networking, caching, website-loading, data storage, firewalls, anti-virus, anti-malware, spam and robocall-filtering, spellchecking, calculators, databases, spreadsheets, or similar technologies). The proposed ADMT regulations will require businesses to notify consumers about their use of ADMT, along with their rationale for its implementation. Businesses also would have to provide explanations on ADMT output in addition to a process for consumers to request to opt-out from such ADMT use.

As featured in #WorkforceWednesday: This week, on our Spilling Secrets podcast series, our panelists dig into trade secrets lessons employers can learn from hit movies.

In this episode, Epstein Becker Green attorneys Daniel R. Levy, Aime Dempsey, and George Carroll Whipple, III, explore trade secrets through the lens of Oscar-nominated films, offering insights into protecting sensitive information in today’s competitive landscape.

Whether looking at a magical spellbook from Wicked or groundbreaking architectural designs in The Brutalist, the discussion underscores how trade secrets intertwine with innovation, employee training, and organizational culture. Discover how Hollywood’s biggest stories offer practical lessons for safeguarding your business’s most valuable assets.