Employment Law and Labour Law

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Dear Littler: What Misclassification Issues Are There In The Work(out) Place?
A fitness studio owner receives a concerning question about worker classification from their night manager, prompting an examination of the complex legal landscape surrounding independent contractor versus employee status in the fitness industry. The analysis explores common misclassification pitfalls, recent enforcement actions and settlements, and the shifting regulatory standards that make proper worker classification both critical and challenging for gym and studio owners.
United States Employment
LM
Littler Mendelson
Article
EEOC Rescinds Guidance On Permissible Affirmative Action
The EEOC has rescinded its longstanding guidance on voluntary affirmative action plans under Title VII, eliminating the safe harbor defense for employers and signaling heightened scrutiny of workplace diversity initiatives. This policy shift raises critical questions about the future of affirmative action in employment and how companies can navigate compliance amid evolving legal standards and increased federal enforcement focus.
United States Employment
LM
Littler Mendelson
Article
DOL Guidance Clarifies ERISA Status Of Trump Accounts
The One Big Beautiful Bill Act introduced Trump Accounts, a novel tax-advantaged savings vehicle for children under 18, with employer contribution provisions beginning in 2026. The Department of Labor's Technical Release 2026-02 addresses critical questions about whether these accounts and employer contribution programs fall under ERISA's regulatory framework. Employers must navigate specific conditions and distinctions between accounts benefiting employees versus their dependents to avoid unintended ERISA
United States Employment
MB
Mayer Brown
Article
Labor & Employment World Cup 2026: France And Massachusetts On Pay Transparency
As pay transparency laws take effect in Massachusetts and across the European Union, employers face new obligations to disclose salary ranges, report workforce data, and ensure compensation practices can withstand greater scrutiny. How are these parallel developments reshaping recruitment, pay equity analysis, and employee relations on both sides of the Atlantic?
United States Employment
LM
Littler Mendelson
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Unfair/ Wrongful Dismissal

Article
Texas Supreme Court: Documented Conduct Showing Actual Job Impairment Is Key To Avoiding Disability Discrimination Liability
The Texas Supreme Court has ruled that employers may lawfully terminate employees whose physical or mental conditions impair job performance, even when those conditions qualify as disabilities under state law. This landmark decision provides critical guidance for safety-sensitive positions while emphasizing the need for documented, objective evidence linking a disability to actual job impairment rather than assumptions or stereotypes.
United States Employment
SS
Seyfarth Shaw LLP
Article
Reducing Legal Exposure When Managing Employee Performance Issues (US)
Managing employee performance effectively requires more than business acumen—it demands careful attention to legal risk at every stage. From setting clear expectations to documenting feedback and applying discipline consistently, each decision can either strengthen an employer's position or create costly litigation exposure. Understanding how to navigate performance issues while minimizing legal vulnerabilities is essential for protecting both the organization and its workforce.
United States Employment
SP
Squire Patton Boggs LLP
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Employee Benefits & Compensation

Article
DOL Guidance Clarifies ERISA Status Of Trump Accounts
The One Big Beautiful Bill Act introduced Trump Accounts, a novel tax-advantaged savings vehicle for children under 18, with employer contribution provisions beginning in 2026. The Department of Labor's Technical Release 2026-02 addresses critical questions about whether these accounts and employer contribution programs fall under ERISA's regulatory framework. Employers must navigate specific conditions and distinctions between accounts benefiting employees versus their dependents to avoid unintended ERISA
United States Employment
MB
Mayer Brown
Article
Labor & Employment World Cup 2026: France And Massachusetts On Pay Transparency
As pay transparency laws take effect in Massachusetts and across the European Union, employers face new obligations to disclose salary ranges, report workforce data, and ensure compensation practices can withstand greater scrutiny. How are these parallel developments reshaping recruitment, pay equity analysis, and employee relations on both sides of the Atlantic?
United States Employment
LM
Littler Mendelson
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Redundancy/Layoff

Article
Executive Order N-6-26: What California Employers Need To Know About The Future Of AI In The Workplace
California Governor Gavin Newsom's Executive Order N-6-26 signals a fundamental shift in how AI-driven employment decisions will be regulated, mandating agency reviews that could reshape WARN Act requirements, severance obligations, and civil rights enforcement. The order establishes new government tracking mechanisms and data resources that will provide regulators and plaintiffs with unprecedented tools to challenge AI-based hiring and termination decisions. Employers face an urgent need to audit their AI
United States Employment
BT
Barnes & Thornburg LLP
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Whistleblowing

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