Workforce Bulletin

The digital transformation has led to significant advancements in authentication and identity verification technologies and other cyber defenses. From biometrics to multi-factor authentication (MFA) to use of Artificial Intelligence (AI) enhanced detection and response tools, these systems are the first line of critical defense against unauthorized access in critical sectors such as finance, healthcare, manufacturing and government. However, with the rapid development of Multi-Modal AI and agentic AI, a new challenge has emerged—one that may compromise the very systems designed to protect us. By integrating multiple forms of data (e.g., voice, video, text) in multi-modal AI and use of agentic AI (automated decision-making with little or no human intervention), malicious actors are increasingly capable of bypassing authentication and identity verification security and other defenses, thereby posing a new level of cybersecurity threat. The rapid deployment of AI integrated into a wide variety of commercial products, platforms and workflows has dramatically expanded the potential attack surface.

As featured in #WorkforceWednesday®: This week, we discuss how the Equal Employment Opportunity Commission’s (EEOC’s) new leadership is reshaping workplace policies and enforcement priorities.

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.

Epstein Becker Green attorney James D. Mackinson discusses the latest updates from the EEOC and what they mean for employers.

Columbus has expanded its pay equity law, adding new transparency requirements to a salary history ban that took effect in March 2024. On November 3, 2025, the Columbus City Council approved Ordinance 2898-2025 (the “Amendment”), amending Chapter 2335 of the Columbus City Code. Mayor Andrew Ginther signed the Amendment into law the next day.

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.

In a letter notifying the City Council of his disapproval of the bills, Mayor Adams noted the “serious operational concerns” that could arise for the agency designated to enforce the pay data reporting law and expressed doubts about the bill’s clarity regarding which City businesses it covers. He also raised reservations about allowing businesses to report anonymously under the law, writing that the anonymity would “[disincentivize] respondents from providing accurate information while also stymieing any effort by the City to address potentially illegal pay practices.” The Mayor concluded by asserting that the “costs to the City and businesses operating here . . . outweigh any potential benefit this law may create.”

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.