Employment Law and Labour Law

When does California employment law protect workers who live and work outside the state? This analysis examines the evolving legal framework governing the extraterritorial reach of California's employment statutes, from wage-and-hour rules to anti-discrimination protections. The recent Saberin v. Alation decision provides critical guidance on how courts determine which out-of-state employment relationships fall within California's regulatory scope.

States across the U.S. have implemented varying sexual harassment training requirements, creating a complex compliance landscape for multistate employers. From New York's strict annual training mandates to Connecticut's one-time requirement, understanding these jurisdictional differences is critical for organizations operating across state lines.

The U.S. Department of Treasury has proposed new regulations that would revoke federal tax-exempt status for private schools and colleges that consider race, color, or national origin in any of their policies or practices. The proposed rule would eliminate existing provisions that currently permit limited race-conscious measures and could dramatically affect thousands of private educational institutions across the country.

For employers defending claims under the Fair Work Act, the issue is not just that more self-represented applicants are using generative AI (which they are), or that the volume of claims is rising (which it is).

The widespread adoption of remote work has disrupted longstanding assumptions regarding which state’s employment laws govern a particular worker.

Last week, the U.S. Court of Appeals for the Second Circuit refused to enforce the National Labor Relations Board’s (NLRB) restrictive view of employer dress code policies, as premised on the Board’s erroneous legal foundation for assessing such policies.

New York State Legislature has passed a bill that would require employers to provide employees with a minimum 21-day review period and 7-day revocation window for separation agreements involving the release of claims. The proposed "No Severance Ultimatums Act" extends procedural protections similar to those under federal age discrimination law to all covered severance agreements, regardless of employee age, and awaits Governor Hochul's signature.

The widespread adoption of remote work has disrupted longstanding assumptions regarding which state’s employment laws govern a particular worker.

When employees organize workplace protests about external political issues, can employers lawfully terminate them for policy violations? A recent NLRB Advice Memorandum examines whether Microsoft's discharge of two employees who protested the Gaza war on campus was protected under the National Labor Relations Act, offering critical guidance on when activism loses legal protection due to insufficient connection to workplace concerns.

The Labor Department faces a regulatory dilemma as it moves to restrict ESG considerations in 401(k) plans while simultaneously seeking to expand access to private-market investments. This tension creates uncertainty for plan sponsors who must navigate conflicting policy objectives, particularly as many private investment strategies inherently incorporate both financial returns and social or environmental goals.

No retroactive refund required. FAQ Part 74 confirms that employers are not required to provide retroactive rewards or remove tobacco surcharges for the period before a participant completes...

Private sector employees in New Jersey may be surprised to learn they have no legal entitlement to paid holidays like Christmas or Thanksgiving, while government workers enjoy statutory holiday benefits. Understanding the distinction between public and private employment rights, along with the rules governing holiday pay for exempt versus non-exempt workers, is essential for both employers and employees navigating workplace expectations.