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
Mental Health Parity Bulletin Restates Best Practices For Evaluating Compliance
On September 8, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued “Field Assistance Bulletin No. 2026-03” to clarify compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) and nonquantitative treatment limitations (NQTL). Under the 2013 final rule implementing MHPAEA, health plans and issuers must use comparable processes, strategies, evidentiary standards, or other factors when applying NQTLs and they cannot apply such methods more stringently to benefits for mental health and substance use disorder (MH/SUD) compared to benefits for general medical and surgical care. While the bulletin doesn’t break much new ground on compliance, it does reaffirm existing enforcement priorities and expectations.
United States Employment
CM
Crowell & Moring LLP
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Redundancy/Layoff

Article
AI In Workforce Decisions: Privilege Strategies And Policy Guardrails Every Employer Needs
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.
United States Employment
BS
Ballard Spahr LLP
Article
When The Layoffs Come: What North Carolina Employers Need To Know About The WARN Act
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.
United States Employment
Wa
Ward and Smith, P.A.
Article
A Possible Shift In The WARN Winds? What Employers Need To Know After Dargon
A federal district court ruling in Tennessee has determined that fully remote employees do not establish a "single site of employment" under the federal WARN Act, creating uncertainty for employers navigating workforce reductions in an increasingly remote-first business environment. With lower courts divided on this issue and no appellate guidance yet available, the legal landscape for WARN Act compliance in distributed workforces remains unsettled and fact-dependent.
United States Employment
SR
McDermott Will & Schulte
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Discrimination, Disability & Sexual Harassment

Article
Labels Are Not Enough: Why Calling It ‘Sexual Harassment’ May Not Be Enough To Defeat Arbitration
A California federal court ruled that plaintiffs cannot avoid arbitration simply by labeling their claims as "sexual harassment." The decision requires plaintiffs to plausibly allege conduct that actually constitutes sexual harassment under governing law before the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies. This ruling establishes important limits on attempts to circumvent arbitration agreements through strategic claim labeling.
United States Litigation
GT
Greenberg Traurig, LLP
Article
OFCCP Final Rule Eliminates Additional Affirmative Action Compliance Requirements For Federal Contractors And Subcontractors
On August 21, 2026, the U.S. Department of Labor’s (DOL) Office of the Federal Contract Compliance Programs (OFCCP) published a Final Rule on Section 503 of the Rehabilitation Act. The Final Rule goes into effect on September 21 and eliminates several established disability-related requirements instrumental to federal contractors and subcontractors’ compliance programs.
United States Employment
RB
Reinhart Boerner Van Deuren s.c.
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Employee Benefits & Compensation

Article
Mental Health Parity Bulletin Restates Best Practices For Evaluating Compliance
On September 8, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued “Field Assistance Bulletin No. 2026-03” to clarify compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) and nonquantitative treatment limitations (NQTL). Under the 2013 final rule implementing MHPAEA, health plans and issuers must use comparable processes, strategies, evidentiary standards, or other factors when applying NQTLs and they cannot apply such methods more stringently to benefits for mental health and substance use disorder (MH/SUD) compared to benefits for general medical and surgical care. While the bulletin doesn’t break much new ground on compliance, it does reaffirm existing enforcement priorities and expectations.
United States Employment
CM
Crowell & Moring LLP
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Contract of Employment

Article
DHS Proposes Eliminating The 60-Day Grace Period For Foreign Workers Whose Employment Ends
The U.S. Department of Homeland Security has proposed eliminating the 60-day grace period that currently allows certain foreign workers to remain in the United States after their employment ends. This change would affect workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN visa categories, as well as their dependent family members, requiring them to depart immediately or secure new status when employment terminates.
United States Immigration
AL
Akalan Law Firm
Article
New York Enacts Law Significantly Expanding Employee Access To Personnel Files
New York has enacted a new law that will provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files. S3460, which is modeled in part after Massachusetts’ personnel records law, adds new Section 210-b to the New York Labor Law and will take effect on November 8, 2026.
United States Employment
M
Mintz
Article
Is Your New Jersey Restrictive Covenant Enforceable? Checklist For Employers
New Jersey employers must ensure their non-compete and non-solicitation agreements meet strict enforceability standards under the Solari/Whitmyer framework. Courts will only uphold restrictive covenants that protect legitimate business interests, impose no undue hardship on employees, and serve the public interest—making careful drafting and strategic deployment essential to avoid litigation vulnerabilities.
United States Employment
JL
Jackson Lewis P.C.
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