Employment Law and Labour Law

Bob was a solid, long-term employee. But at the company retreat, he stayed late at the bar, had a few too many drinks, and made a highly inappropriate pass at a member of the hotel staff.

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.

California continues to push legislation that would significantly regulate employers’ use of artificial intelligence in workplace decision-making. Senate Bill 947 (“SB 947”)...

Mayer Brown's Global Employment & Benefits group presents its Q2 2026 Insights edition, examining critical developments across multiple jurisdictions including the EU Pay Transparency Directive implementation challenges, neurodiversity workplace obligations, France's eased business transfer notification requirements, Brazil's elimination of the 6x1 work schedule...

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

Section 334 of SECURE 2.0 introduces qualified long-term care distributions from defined contribution plans without the 10% early withdrawal penalty. IRS Notice 2026-33 clarifies the requirements, reporting obligations, and implementation steps for plan sponsors and insurance issuers. Understanding these new rules is essential for employers considering this distribution option and participants seeking to use retirement funds for long-term care insurance premiums.

The New Jersey Appellate Division recently addressed critical procedural and substantive issues in wage and hour representative actions, determining whether such claims can proceed outside traditional class certification rules and clarifying the applicable statute of limitations for various wage law violations.

The Fourth Circuit vacated class certification in a wage-and-hour lawsuit against Anheuser-Busch, finding that plaintiffs' claims about unpaid pre- and post-shift work masked substantial workplace variability.

Saba Bireda, Co-Managing Partner and Discrimination and Harassment Practice Group Co-Chair at Sanford Heisler Sharp McKnight, discusses her journey from witnessing community inequality to becoming a leading advocate in systemic discrimination cases. She shares insights on class action litigation strategies and the firm's approach to holding employers accountable for discriminatory practices.

Virginia employers face a wave of new employment law requirements starting July 1, 2026, that will fundamentally change hiring and compensation practices. These changes include mandatory pay transparency in job postings and prohibitions on asking candidates about their salary history. Understanding these upcoming requirements is essential for employers to ensure compliance and avoid potential legal pitfalls.

The New Jersey Appellate Division recently addressed critical procedural and substantive issues in wage and hour representative actions, determining whether such claims can proceed outside traditional class certification rules and clarifying the applicable statute of limitations for various wage law violations.

The Ninth Circuit's reversal in Cocom v. ABM Aviation provides crucial guidance for California employers on drafting enforceable arbitration agreements. This ruling clarifies how courts should interpret arbitration scope language and distinguishes problematic unlimited agreements from properly limited employment-focused ones. The decision offers practical lessons on avoiding unconscionability challenges while maintaining effective arbitration programs.