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
Court Limits “Get Out Of Arbitration Free” Card For “Implausible” Sexual Harassment Claims
Federal courts are increasingly scrutinizing whether sexual harassment claims are sufficiently plausible to trigger the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act's exemption from arbitration agreements. A recent California decision demonstrates that merely labeling workplace disputes as sexual harassment is insufficient to avoid arbitration when the alleged conduct fails to meet legal standards for severity or pervasiveness under state employment law.
United States Employment
PR
Proskauer Rose LLP
Article
Can Withdrawing A Subpoena Broaden The EEOC's Investigative Power?
The EEOC has withdrawn its controversial subpoena seeking private information about University of Pennsylvania employees affiliated with Jewish groups and programs, despite winning enforcement in district court. Legal experts suggest this strategic retreat may be designed to preserve favorable precedent about the agency's broad investigative authority while avoiding appellate review that could overturn the lower court's decision. Penn agreed not to challenge the district court opinion in exchange for the wi
United States Employment
BT
Barnes & Thornburg LLP
Article
Considerations For Employers Regarding The Collection Of Demographic Data On Employees And Applicants
With the EEOC poised to discontinue EEO-1 reporting requirements and recent executive orders rescinding agency guidance on disparate impact discrimination, employers face critical decisions about whether to continue collecting demographic workforce data. This analysis examines the legal considerations, strategic benefits, and potential risks of maintaining employee demographic information in an evolving regulatory landscape.
United States Employment
LM
Littler Mendelson
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Webinars

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Highlighted Content

Redundancy/Layoff

Article
A Possible Shift In The WARN Winds? What Employers Need To Know After Dargon
A federal district court ruling in Tennessee has determined that fully remote employees do not establish a "single site of employment" under the federal WARN Act, creating uncertainty for employers navigating workforce reductions in an increasingly remote-first business environment. With lower courts divided on this issue and no appellate guidance yet available, the legal landscape for WARN Act compliance in distributed workforces remains unsettled and fact-dependent.
United States Employment
SR
McDermott Will & Schulte
Article
AI-Related Layoffs: Fact Or Fiction?
As companies like Cisco, Amazon, and Meta announce layoffs while simultaneously reporting record profits, a troubling pattern emerges: are these workforce reductions truly driven by AI automation, or is something else at play? This analysis examines the phenomenon of "AI-washing" and explores whether artificial intelligence is genuinely replacing workers or simply serving as a convenient justification for cost-cutting measures that free up capital for future technology investments.
United States Employment
HB
Hall Benefits Law
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Whistleblowing

Article
What Is Unbundling? How Splitting One Procedure Into Many Can Inflate Medical Bills
Medical billing unbundling—the practice of separating comprehensive procedures into multiple billing codes—walks a fine line between legitimate coding practices and healthcare fraud. When does this common billing technique cross into illegal territory, and what role do whistleblowers play in exposing systematic abuse that costs government healthcare programs hundreds of millions annually?
United States Healthcare
MS
Miller Shah
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Retirement, Superannuation & Pensions

Article
Practical Considerations For Employers Implementing Trump Account Contributions As A Retention And Recruitment Tool
Employers face strategic decisions about whether to adopt Trump Account Contribution Programs (TACPs) following new DOL guidance clarifying their ERISA status. This analysis examines how TACPs compare against existing family-friendly benefits like dependent care FSAs, 529 plans, HSAs, and student loan assistance, providing a framework for total rewards committees to evaluate demographic fit, competitive positioning, and budget trade-offs.
United States Employment
MB
Mayer Brown
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Contract of Employment

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