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Saturday, January 24, 2026

Video: New Tips and Overtime Guidance, NLRB Circuit Split, and Stalled Nomination - Employment Law This Week - Epstein Becker Green - Law Firm

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.

Other Highlights

Companies and Employees Increasingly at Risk of AI-Powered Cyber Attacks
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Expanded Pay Transparency Requirements Coming to Columbus, Ohio
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James G. Petrie, Jill K. Bigler, Samuel K. Ellis

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