Employment Law and Labour Law

The SEC whistleblower program offers individuals a confidential pathway to report securities law violations while protecting their identity and employment. Understanding what qualifies as original information, how to properly submit a tip, and the legal protections available can determine whether a whistleblower receives substantial monetary awards ranging from 10% to 30% of sanctions collected.

Against a backdrop of job insecurity and fear of retaliation, anonymous whistleblower reporting has surged to alarming levels, reversing years of progress toward named reporting. This troubling trend signals deeper issues in workplace culture that compliance professionals must address urgently. What concrete measures can organizations implement to rebuild trust and encourage employees to report misconduct without hiding behind anonymity?

The Department of Justice secured a $2 million settlement with Honeywell Aerospace for allegedly failing to comply with NIST SP 800-171 cybersecurity requirements under a Department of War contract. This case demonstrates how cybersecurity compliance failures can trigger False Claims Act liability even without an actual data breach or cyberattack, and highlights the growing role of whistleblowers in exposing contractors' gaps between contractual obligations and actual security practices.

In Pover v. The Capital Group Cos. Inc. et al., Case Number 24-5298, a split panel of the Ninth Circuit affirmed a California trial court’s denial of a motion to compel arbitration in a 401(k) self-dealing class action lawsuit against Capital Group. The court held that the provision in Capital Group’s retirement plan documents requiring dispute resolution outside the courtroom was unenforceable because it would nullify rights under ERISA.

What Happened: On August 26, 2026, the Seventh Circuit Court affirmed in Central States SE & SW Areas Health & Welfare Fund v. McClain that the Employee Retirement Income Security Act of 1974 (ERISA) does not preempt an Arkansas insurance regulation designed to regulate how pharmacy benefit managers (PBMs) compensate pharmacies.

The IRS proposes new electronic rollover procedures and minimum funding rules for retirement plans, while federal courts weigh in on pension risk transfers, ERISA preemption, and arbitration clauses.

Governor Gavin Newsom has signed Senate Bill (SB) 947, adding new requirements to the California Labor Code for employers that use automated decision systems in the workplace for disciplinary and termination decisions. The law takes effect July 1, 2027.

The National Labor Relations Board has once again shifted its approach to evaluating offensive employee conduct in the workplace, abandoning context-specific standards in favor of the traditional Wright Line framework. This latest reversal marks the third major change in NLRB policy within six years, creating significant implications for how employers can discipline employees who engage in profane or inappropriate behavior during protected activities.

This comprehensive analysis examines recent federal appellate court decisions addressing critical employment law issues, including racial harassment prevention, FMLA medical certification authentication, hostile work environment standards, disability discrimination claims, and ERISA fiduciary duties. The cases provide important guidance on employer obligations and defenses across multiple circuits, offering practical insights into how courts evaluate evidence of discrimination, retaliation, and accommodatio

The EEOC's fiscal year 2026 litigation data reveals a modest uptick in enforcement activity, with 99 lawsuits filed compared to 94 in FY 2025. What strategic shifts in discrimination claims, geographic targeting, and industry focus signal the Commission's evolving priorities, and which employers face heightened scrutiny in the year ahead?

A federal appeals court ruling demonstrates how an employer's well-intentioned transition plan for a departing employee became evidence of unlawful retaliation after the employee raised discrimination concerns. The case reveals critical missteps that transformed a seemingly amicable separation into costly litigation, offering essential lessons about what not to do when an employee makes protected complaints.

LGBTQ+ employees continue to face workplace discrimination through both overt bias and subtle exclusion that limits career advancement. From misgendering and social isolation to retaliation after reporting concerns, these patterns of discrimination remain prevalent across industries despite legal protections. Understanding how anti-LGBTQ+ discrimination manifests in everyday workplace interactions and knowing your legal rights...