Employment Law and Labour Law

The Trump administration announced two additional significant actions affecting the H-1B program late last week, increasing scrutiny of employers that have conducted or are planning layoffs and extending the $100,000 payment requirement for certain H-1B petitions.

A recent California lawsuit alleges that AI-based employee selection tools discriminated against workers on protected leave and those with disabilities during a reduction in force. The case highlights critical legal risks for employers deploying AI in high-stakes employment decisions, particularly around how AI systems handle productivity metrics for employees who are absent or working under accommodations.

When workforce reductions happen in multiple waves across related corporate entities, how does federal law treat them in the aggregate? The recent Ubisoft layoffs at Red Storm Entertainment in North Carolina illustrate critical compliance questions under the Worker Adjustment and Retraining Notification Act that every employer must understand before implementing workforce changes.

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 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.

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit unanimously affirmed a lower court’s decision to dismiss a pandemic-era discrimination suit by a group of workers at a commercial airline and affiliated company.

California's workplace safety agency has proposed significant revisions to first-aid regulations that would affect nearly all employers in the state. The amendments would establish new requirements for first-aid kit contents, workplace hazard assessments, and employee communication protocols. Will your organization's current first-aid program meet these enhanced standards when they take effect?

The Fifth Circuit's landmark decision in East Fork Enterprises v. EPA fundamentally reshapes how the agency must conduct chemical risk evaluations under TSCA, requiring condition-of-use-specific determinations and consideration of actual workplace protections. The ruling vacates EPA's methylene chloride risk management rule and establishes new standards for evaluating unreasonable risk that reject precautionary approaches and demand stronger evidentiary support. These holdings will force EPA to revise its p