Since 1996, the source for workplace training, objective complaint investigations, and HR consulting.
We are employment law, employee relations and HR experts. Since 1996, EPS has collaborated with employers and employees nationwide to build respectful workplaces by providing high quality training, objective and unbiased workplace complaint investigations, human resource and employment law expert testimony, and a wide range of human resource consulting.
19/03/2026
Policymakers Shift Attention to AI’s Impact on White-Collar Workers
Employer insight: NBC News reported that politicians are increasingly concerned about AI’s repercussions for white-collar workers. Traditionally, politicians have focused on how technological advancements have affected blue-collar workers, whose jobs have been diminished by trade deals and automation. But AI will significantly impact white-collar jobs, and some politicians are taking note. Gov. Ron DeSantis, Sens Josh Hawley and Bernie Sanders, and Gov. Gavin Newsom have publicly expressed their alarm and are trying to act. Many other congressional members and candidates are also trying to figure out how to respond to potential changes to white-collar employment. But will political action be too late?
Third Circuit Says No to New Jersey’s Heightened Burden for White Plaintiff
Christopher Massey, a was a police officer for the Borough of Bergenfield’s Police Department (BPD). He rose to the rank of Deputy Chief. Massey applied for a promotion to Chief, but the position went to Mustafa Rabboh, an Arab-Muslim male with the rank of Captain. The city council and mayor contend that their decision to promote Rabboh was based on non-discriminatory reasons, including qualifications, interview performance, and strategic planning. However, public officials commented on diversity several times during Rabboh’s swearing-in ceremony. They mentioned Rabboh’s understanding of “the diversified community” and noted that he was the “first Muslim Police Chief.”
Sixth Circuit Rules: Where there is Sexual Harassment, there is No Arbitration
The Sixth Circuit has held that when an employee has credibly alleged sexual harassment, an employer cannot compel arbitration for any of that employee’s claims.
Case to Watch: Whether Employers Must Consider AI as a Reasonable Accommodation
Angeliz E. Bruno Cedeno is suing Walt Disney World Parks and Resorts for disability discrimination. Her doctor prescribed Meta smart glasses to help ameliorate conditions of glare and ability to focus and she wore the smart glasses for months during her shifts as a security host at Disney World. However, when her manager discovered that Cedeno’s smart glasses were not traditional eyeglasses, they summoned her to a closed-door meeting to discuss it.
Workplace Gossip Serves as Bonding Activity, Says Researchers
Employer Insight: New research indicates that employee chatter about the boss may benefit the workplace culture.
A study exposed that workers tended to avoid their bosses after gossiping about them, usually out of guilt, shame, or fear of being called out. However, the research also showed that the workers’ sense of belonging with their coworkers increased leading to more collaboration throughout the day...
💠 As a certified women-owned business, EPS is grateful for all who stand united in the pursuit of equality and empowerment. Happy ! 🌐
07/03/2026
💡A Workplace Investigator's Toolkit - Enrollment is open!
💼 Developed with 30 years of experience by the experts at EPS.
✨ Build a reliable framework for your investigations approach.
🩵 Friday, March 6 is 2026! 🩵
We are curious, how are you showing or receiving appreciation at work today?
05/03/2026
NYC Mayor Plans Push to Enforce Workers’ Time-Off Protections
NYC Employer Insight: New York City plans to crack down on employers who do not comply with worker time-off requirements. Last fall, the city passed a new law that guarantees 32 hours of unpaid time off each year for full-time employees. The law just went into effect and adds more legally protected reasons for workers to take time off, including caring for children on school holidays, caring for family members with disabilities, and attending court hearings. Workers may also take time off during public emergencies (such as snowstorms) and when the employee or a family member is the victim of workplace violence. These hours vest when the employee begins working and reset at the beginning of each year. (New York Times)
As part of the plan to enforce this new law, Mayor Zohran Mamdani and the city’s Department of Consumer and Worker Protection commissioner sent warning letters to 56,000 companies across New York City. These warning letters outlined the law’s requirements and reiterated potential consequences for violations. Civil penalties for violations can range from $250 to $2,500 per employee, plus back pay. Many of these workers are also legally entitled to paid sick time in addition to the unpaid job-protected time.
The Department will track employer compliance by reviewing how much time workers take off. A recent report revealed that only about half of eligible New York City workers missed a day of work in the last year due to illness, injury, or disability. Mayor Mamdani said it is a “red flag” when he sees an employer where the workers have not used any of their paid time off. These workers have “been told in either explicit or implicit terms that there will be repercussions” if they use that time. The city will consider information that no workers have taken days off as “strong evidence of potential violations.” Formal investigations into those employers will follow that finding.
04/03/2026
⚖️ FLSA Rights May Be Waived by Contract
A federal court in Washington held that potential Fair Labor Standards Act claims may be waived by an employee in a separation agreement.
Eurfonio Lomibao worked as an hourly employee at AGC Biologics, Inc. He sued AGC for failing to pay him and other hourly employees for time worked over 40 hours per week, a violation of the FLSA and Washington state law. AGC moved for summary judgment based on the severance agreement Lomibao had signed that included language releasing all his claims. The agreement stated that Lomibao had been “fully paid for all hours worked.” It included an acknowledgment that he read and understood the terms, had been advised to consult an attorney, and signed voluntarily. Lomibao argued that FLSA rights are not waivable by contract.
The federal court rejected Lomibao’s argument. There have been federal court decisions nationwide with language suggesting that FLSA rights are nonwaivable. But the court stated these cases involved collective bargaining agreements or took place in vastly different circumstances than the matter before it. None of the previous cases categorically held that FLSA rights are nonwaivable, nor does the statute’s language expressly prohibit waiver. Absent any binding authority, the Washington federal court decided not to “recognize a categorical ban on waiver of FLSA rights via contract, especially when prudential concerns and other public policies counsel against such a prohibition.” The court also held that Department of Labor supervision and court approval of these waivers were not required, siding with the Fifth Circuit’s precedent on this issue.
Takeaways: The federal circuit courts are split on whether FLSA rights can be waived through voluntary releases. Employers should consult with attorneys when crafting separation agreements that include a waiver of possible FLSA rights to take the necessary steps to protect themselves.
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Our Story
For more than 20 years, we have collaborated with organizations nationwide to build respect through high-quality training, objective and unbiased complaint investigations - including Title IX investigations, human resources and employment law expert testimony, and a wide range of human resources consulting services.
Why Choose EPS vs. Other Human Resources Consulting Firms?
We distinguish ourselves from other human resources consulting firms in important ways.
Our consultants are actively licensed employment law attorneys;
Our consultants have extensive experience representing both employers and employees in litigation and as in-house counsel and human resources professionals in a broad range of industries;
Our consultants are located and provide services nationwide;
We work closely with human resources departments, in-house counsel, outside counsel and organizational leadership to customize our services to meet the client’s specific needs;
We are a Certified Woman-owned Business Enterprise;
We are an enrolled entity with the System for Award Management (SAM);
We are a Preferred Provider for The Chubb Insurance Company’s Loss Prevention Consultation Services; Chubb reimburses its Employment Practices Liability (EPL) insureds for a portion of their training and investigation costs;
Our training courses are often approved by the Human Resource Certification Institute (HRCI);
Our training sessions often qualify for Continuing Legal Education (CLE) credit.
Our Background
EPS was founded in 1996 by two attorneys and an entrepreneur who understood the benefits of building respect within organizations and recognized the opportunity to collaborate with them to move toward their own respectful, productive and engaged environments.
Our client base has grown to include Fortune 100 companies, small businesses of all types, government entities, institutions of higher education, and nonprofit organizations. Our expertise in creating customized, highly interactive and high impact training, conducting timely, thorough and impartial investigations, and delivering insightful expert witness and consulting services has made EPS the leading source for those services nationwide.
