This week, we're covering new Internal Revenue Service (IRS) guidance on reporting tips and overtime, a widened circuit split on National Labor Relations Board (NLRB) authority, and a delayed Senate Health, Education, Labor, and Pensions (HELP) committee vote on an NLRB nominee.

No Fines for Incorrect Reporting of Tips and Overtime in 2025

New guidance from the U.S. Treasury Department and the IRS states that penalties will not be assessed for employers who fail to meet the new reporting requirements for cash tips and overtime compensation in 2025.

Sixth Circuit Widens Circuit Split on NLRB Authority

The U.S. Court of Appeals for the Sixth Circuit has joined the Third and Fifth Circuits in ruling that the NLRB's expanded "make whole" remedies are inconsistent with the National Labor Relations Act.

NLRB Nomination Stalls

A Senate HELP committee vote on NLRB nominee Scott Mayer, which was scheduled for November 19, was canceled. Confirmation of the nominee would restore the Board's quorum.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw414

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.

The EEOC, now under the leadership of Chair Andrea Lucas and with a full quorum for the first time in years, is signaling shifts in enforcement priorities that could have significant implications for employers.

What Employers Should Know:

• New Leadership: Chair Lucas has emphasized a commitment to "upholding merit-based, colorblind equality" in workplace policies.
• Key Priorities: Among the EEOC's key priorities are protecting pregnant workers, addressing religious bias, and scrutinizing diversity, equity, and inclusion programs for potential reverse discrimination.
• Religious Focus: The EEOC is expected to issue new guidance on religious discrimination and accommodations.

In this episode of Employment Law This Week®, Epstein Becker Green attorney James D. Mackinson discusses the latest updates from the EEOC and what they mean for employers.

-

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw413

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.

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.

What Restoring a Quorum at the NLRB Could Mean for Employers

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

What Employers Should Know:

• Nominees Pending: Two Republican nominees to the NLRB, as well as the NLRB's General Counsel nominee, are awaiting U.S. Senate confirmation.
• Backlog: Restoring a quorum would allow the NLRB to address its backlog of cases and resume issuing decisions.
• Majority Requirement: Historically, a three-vote majority has been needed to overturn major precedents, which the NLRB may lack until it includes at least three Republican members.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Corey P. Argust discusses the implications as the NLRB moves toward full operations.

Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw412

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

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.