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
Sixth Circuit Reaffirms ERISA Preempts State Law Claims Arising From Benefits Verification Calls
The Sixth Circuit has reaffirmed that ERISA preempts state law negligent misrepresentation and promissory estoppel claims by out-of-network medical providers arising from benefits verification calls about plan coverage and reimbursement terms. This decision creates a circuit split with the Ninth, Fifth, Eighth, and Eleventh Circuits on ERISA preemption of tort claims related to benefits verification calls.
United States Employment
MB
Mayer Brown
Article
DOL Proposes E-Delivery As Default Option For Employers
The U.S. Department of Labor has drafted a regulation that would make electronic delivery the default option for employee benefit communications, potentially transforming how employers distribute health plan information and other ERISA-related documents. Industry representatives have expressed strong support for the change, citing significant cost savings and survey data showing that the vast majority of plan participants already prefer accessing their benefits information electronically. The regulation is
United States Employment
HB
Hall Benefits Law
Article
Colorado’s Proposed Rules Require Meaningful Human Review And Reconsideration Of Employment Decisions Materially Influenced By AI
Colorado's Department of Law has released proposed rules to implement the state's Automated Decision-Making Technology Act and Chatbot Safety Act, both effective January 1, 2027. These regulations would impose substantial compliance requirements on companies using AI tools for employment decisions, including mandatory human review processes, detailed disclosure obligations, and strict documentation standards. Organizations must evaluate whether to submit comments before the October 26, 2027 deadline and pre
United States Employment
DM
Duane Morris LLP
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Health & Safety

Article
Cal/OSHA Publishes Proposed Heat Illness Rules For Stakeholder Comment
California's workplace safety agency has released a discussion draft proposing sweeping changes to heat illness prevention standards that would eliminate industry-specific exemptions and require all outdoor employers to implement high-heat procedures. The proposed amendments introduce new acclimatization protocols, mandate annual distribution of prevention plans, and authorize the use of wearable monitoring technology under certain enforcement orders.
United States Employment
JL
Jackson Lewis P.C.
Article
New Connecticut Law Targets Employee Monitoring And Surveillance Practices
Connecticut has enacted sweeping changes to workplace electronic monitoring requirements, mandating that employers provide detailed location-specific notices about surveillance activities and inform new hires about prohibited conduct that may be monitored. The new law, effective October 2026, significantly expands existing notice obligations while introducing carve-outs for security purposes and investigations of suspected misconduct.
United States Employment
WD
Wiggin & Dana
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Employee Rights/ Labour Relations

Article
Colorado’s Proposed Rules Require Meaningful Human Review And Reconsideration Of Employment Decisions Materially Influenced By AI
Colorado's Department of Law has released proposed rules to implement the state's Automated Decision-Making Technology Act and Chatbot Safety Act, both effective January 1, 2027. These regulations would impose substantial compliance requirements on companies using AI tools for employment decisions, including mandatory human review processes, detailed disclosure obligations, and strict documentation standards. Organizations must evaluate whether to submit comments before the October 26, 2027 deadline and pre
United States Employment
DM
Duane Morris LLP
Article
Cal/OSHA Publishes Proposed Heat Illness Rules For Stakeholder Comment
California's workplace safety agency has released a discussion draft proposing sweeping changes to heat illness prevention standards that would eliminate industry-specific exemptions and require all outdoor employers to implement high-heat procedures. The proposed amendments introduce new acclimatization protocols, mandate annual distribution of prevention plans, and authorize the use of wearable monitoring technology under certain enforcement orders.
United States Employment
JL
Jackson Lewis P.C.
Article
With EEO-1 Reporting Poised To End, Should Employers Continue To Collect EEO Data? (Video)
As the EEOC proposes to eliminate EEO-1 reporting requirements, employers face a critical decision about whether to continue collecting workforce demographic data. This analysis examines the legal, practical, and strategic considerations that should inform this choice, including state-level obligations, discrimination prevention benefits, and the ongoing role of statistical evidence in employment litigation.
United States Employment
LM
Littler Mendelson
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Whistleblowing

Article
The State Of The World’s Whistleblower Laws, Protections, And Rewards
Whistleblower protection has evolved significantly since the UN Convention Against Corruption in 2003, yet the scope of protections and rewards varies dramatically across jurisdictions. From the robust reward systems in the United States and South Korea to the EU's protection-focused directive and emerging programs in Ghana, countries have taken vastly different approaches to encouraging and safeguarding those who expose wrongdoing.
United States Criminal
MS
Miller Shah
Article
What Sloan v. Cape Regional Medical Center Teaches Employers About Defeating Vague CEPA Whistleblower Complaints
New Jersey's Conscientious Employee Protection Act (CEPA) is one of the broadest whistleblower statutes in the country, but employers have tools to defend against claims that fail to meet specific legal requirements. The Appellate Division's recent decision in Sloan v. Cape Regional Medical Center illustrates how CEPA's identification requirement operates in practice, demonstrating when plaintiffs must cite specific legal authorities and what happens when they cannot.
United States Employment
JL
Jackson Lewis P.C.
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Unfair/ Wrongful Dismissal

Article
Virtual Termination Meetings And AI: When Skynet Does Not Stop
A New Jersey employer faces a lawsuit after an AI transcription tool allegedly captured supervisors discussing their preference for a "strapping young man" to replace a terminated female employee. The case raises critical questions about the admissibility of AI-generated evidence in court and highlights the risks employers face when using virtual meeting platforms with automated transcription features.
United States Employment
FH
Ford & Harrison LLP
Article
When The Employer Makes The Plaintiff’s Case: DOJ’s Rare USERRA Action Against A Private Employer
When an employer documents that an employee's National Guard obligations are the reason for demotion or termination, it creates overwhelming evidence of discrimination under federal law. This case reveals how the Department of Justice approaches USERRA enforcement against private employers and what triggers federal litigation. The consent decree imposed extensive compliance obligations that extended far beyond monetary damages, demonstrating the lasting consequences of explicitly linking adverse employment
United States Employment
LM
Littler Mendelson
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