Employment Law and Labour Law

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 federal judge denied a motion for summary judgment by Dish Network in a class action lawsuit under the Employee Retirement Income Security Act (ERISA). The case involves allegations that the satellite company breached its fiduciary duty under ERISA by retaining certain target-date funds (TDFs) despite their lackluster performance.

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.

Private equity portfolio companies face unprecedented pressure from high costs, elusive exits, and AI transformation demands. Can employee ownership programs provide the engagement and innovation needed to drive value creation when traditional top-down management approaches fall short?

The Congressional Budget Office (CBO) recently reported that under current federal income tax rules, employer-sponsored health plans could receive trillions in subsidies over the next decade. CBO analysts prepared the 2026 report with staff analysts from the congressional Joint Committee on Taxation (JCT).

For legal case managers, that distinction matters. Much of the job can involve client communication, case updates, document coordination, deadline tracking, and keeping matters moving between attorneys and support staff. Those responsibilities do not always require someone to sit in the same office as the attorney.