United States: Employment and HR

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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.

Employment Tip Of The Month – February 2026

Could the pending amendments to NYS's new Trapped at Work Act expand potential exposures for employers?

United States Employment

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Wilson Elser Moskowitz Edelman & Dicker LLP

Decision Alert: North American Fire Ultimate Holdings LP v. Doorly

On February 3, 2026, the Delaware Supreme Court issued its decision in North American Fire Ultimate Holdings LP v. Doorly,1 holding that equity units subject to forfeiture are valid consideration for a restrictive covenant.

United States Employment

MB

Mayer Brown

Supreme Court Resolves Circuit Split In Reverse Discrimination Cases

In Ames v. Ohio Department of Youth Services, the US Supreme Court, in a rare unanimous employment opinion, held that placing an additional evidentiary burden on majority group plaintiffs was inconsistent...

United States Employment

HH

Holland & Hart

CITs—Not Necessarily A "No Brainer" Fiduciary Decision

A Collective Investment Trust ("CIT"), sometimes called a Common Collective Trust, is a tax-exempt, pooled investment vehicle maintained by a bank or trust company, available only to ERISA-qualified retirement accounts...

United States Employment

KR

Kutak Rock LLP

Project Labor Agreements On Public Projects: What Virginia Contractors Need To Know Before Bidding

United States Employment

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Pender & Coward

Proskauer Benefits Brief: Additional Ways One Can Become Responsible For Withdrawal Liability (Podcast)

United States Employment

PR

Proskauer Rose LLP

AI For In-House HR And Counsel: What To Consider

United States Employment

Metz Lewis Brodman Must O'Keefe

California Workplace Know Your Rights Notice Requirement Is In Effect

United States Employment

LM

Littler Mendelson

Some Useful Tips For Avoiding And Addressing Employment Retaliation Claims

United States Employment

FL

Foley & Lardner

Four DOL Opinion Letters Clarify FLSA Exemptions For Minimum Pay, Bonuses, 'Duties' + 'Roll Call' Time

United States Employment

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Jackson Lewis P.C.

IRS Announces 2026 Employee Benefit Plan Limits

United States Employment

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McDermott Will & Schulte

Prepare Now For The Expanded NYC Earned Sick And Safe Time Act (Effective February 22, 2026)

United States Employment

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Kelley Drye & Warren LLP

President Trump's Nomination Of Brittany Bull Panuccio Restores EEOC Quorum

United States Employment

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Scarinci Hollenbeck LLC

WeirFoulds Employment Law Hot Takes: Employer Takeaways From Willy Nylander's Off-Duty Flip Of The Bird

United States Employment

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WeirFoulds LLP

Simpson Thacher Sustainability And ESG: Regulatory Update – January 2026

Worldwide Environment

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Simpson Thacher & Bartlett

The Trump Gold Card And Proposed Trump Platinum Card: Legal, Practical, Tax, And Economic Considerations For High-Net-Worth Immigrants

United States Immigration

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Green and Spiegel

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

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JAMS

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

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JAMS

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

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Contract of Employment

Decision Alert: North American Fire Ultimate Holdings LP v. Doorly

On February 3, 2026, the Delaware Supreme Court issued its decision in North American Fire Ultimate Holdings LP v. Doorly,1 holding that equity units subject to forfeiture are valid consideration for a restrictive covenant.

United States Employment

MB

Mayer Brown

'Be Prepared To Defend It' – FTC Signals More Aggressive Posture Toward Noncompete Agreements

The Federal Trade Commission (FTC) held a workshop on January 27, entitled, "Moving Forward: Protecting Workers from Anticompetitive Noncompete Agreements."

United States Anti-trust

AF

ArentFox Schiff

Duke University Settles Groundbreaking NIL Lawsuit Against Quarterback

Duke University settled its lawsuit against star quarterback Darian Mensah on January 27, slightly over a week after filing it. The swift settlement concluded a case that could have resolved fundamental legal questions...

United States Media & IT

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Loeb & Loeb LLP

Sherrone Moore And The Mental Health Obligations Of Employers

United States Employment

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Ford & Harrison LLP

DOL Proposes Pharmacy Benefit Manager Fee Disclosure Rule

United States Employment

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Groom Law Group

Coaster Showdown: The Non-Compete Dilemma

United States Employment

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Ward and Smith, P.A.

Global Trade Secret Update: Key Developments In 2025

United States IP

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Jones Day

Global Employer Guide

Worldwide Employment

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K&L Gates LLP

Are Brand Ambassadors Really Independent Contractors?

United States Employment

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Polsinelli LLP

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Discrimination, Disability & Sexual Harassment

Supreme Court Resolves Circuit Split In Reverse Discrimination Cases

In Ames v. Ohio Department of Youth Services, the US Supreme Court, in a rare unanimous employment opinion, held that placing an additional evidentiary burden on majority group plaintiffs was inconsistent...

United States Employment

HH

Holland & Hart

AI For In-House HR And Counsel: What To Consider

Artificial intelligence tools are a part of day-to-day operations for in-house HR teams and legal departments. From drafting policies to reviewing resumes and summarizing regulations, AI can be an efficient first step...

United States Employment

Metz Lewis Brodman Must O'Keefe

Some Useful Tips For Avoiding And Addressing Employment Retaliation Claims

Retaliation is one of the most commonly alleged employment-related claims, often asserted in conjunction with other discrimination claims, and can be more challenging to address and defend...

United States Employment

FL

Foley & Lardner

President Trump's Nomination Of Brittany Bull Panuccio Restores EEOC Quorum

United States Employment

SH

Scarinci Hollenbeck LLC

Delaware Chancery Court Sends A Clear Message: Sexual Misconduct Oversight Failures Can Be A "Corporate Trauma" Sufficient To Support Caremark Claims

United States Employment

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Cohen & Gresser

EEOC Rescinds 2024 Enforcement Guidance On Harassment In The Workplace, What's Next?

United States Employment

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Ford & Harrison LLP

Single Sex Spaces In Peggie/Fife Health Board And Employment News Roundup

United States Employment

BC

Bryan Cave Leighton Paisner

DOJ Challenges Minnesota's Affirmative Action Hiring Program

United States Employment

PL

Polsinelli LLP

New Jersey Employers Take Note: Recent Legislative Amendments Expand Employee Leave Protections

United States Employment

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Ford & Harrison LLP

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Retirement, Superannuation & Pensions

SECURE 2.0: Key Provisions And Tax Planning Implications For American Retirees

SECURE 2.0 strengthens the U.S. retirement system by expanding contribution opportunities, increasing flexibility for savers, and imposing new compliance obligations.

United States Tax

RS

Rotfleisch & Samulovitch P.C.

CITs—Not Necessarily A "No Brainer" Fiduciary Decision

A Collective Investment Trust ("CIT"), sometimes called a Common Collective Trust, is a tax-exempt, pooled investment vehicle maintained by a bank or trust company, available only to ERISA-qualified retirement accounts...

United States Employment

KR

Kutak Rock LLP

Proskauer Benefits Brief: Additional Ways One Can Become Responsible For Withdrawal Liability (Podcast)

Last week, senior counsel Neil Shah and partner Anthony Cacace covered the most common way withdrawal liability extends beyond the employer. This week, they cover the rest.

United States Employment

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Proskauer Rose LLP

ERISA Litigation Enters The Voluntary Benefits Sphere

United States Employment

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Jackson Lewis P.C.

DOL Proposes Sweeping New Disclosure Rules For Pharmacy Benefit Managers

United States Employment

FL

Foley & Lardner

DOL Proposes Pharmacy Benefit Manager Fee Disclosure Rule

United States Employment

GL

Groom Law Group

Sixth Circuit Implies New Requirements For Denial-of-Coverage Communications

United States Employment

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Crowell & Moring LLP

A New Year And A New Wave Of ERISA Litigation

United States Employment

JL

Jackson Lewis P.C.

January 2026 Forfeiture Litigation Update

United States Employment

WS

Winston & Strawn LLP

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Unfair/ Wrongful Dismissal

Silence Is Golden: Case Dismissal Affirmed Under Five-year Rule Because Defendants Need Not Object To An Untimely Trial Date

There is truth to the proverb that "a closed mouth catches no flies." In Randolph v. Trustees of the California State University, 3rd App. Dist. C102901 (Jan. 15, 2026)...

United States Employment

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Seyfarth Shaw LLP

2026 California Employment Law Updates: What Employers And Employees Should Know

It is a new year in California and that means a new set of updates to the state's labor and employment laws.

United States Employment

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Madison Law

Alternative Investments: Approach With Caution, For Now...

Few topics in the ERISA realm have received more press over the last few months than alternative investments in retirement plans. With the change in the Trump Administration, a change in tone from regulators...

United States Employment

KR

Kutak Rock LLP

Oregon Court Of Appeals Reinforces Legal Standard For Wrongful Discharge Claims

United States Employment

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Ogletree, Deakins, Nash, Smoak & Stewart

Uniform Controversies: Restricting Politically Charged Messages In The Workplace

United States Employment

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Reinhart Boerner Van Deuren s.c.

The End Of Day-one Unfair Dismissal Rights

United States Employment

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Bryan Cave Leighton Paisner

California Court Of Appeal Affirms Dismissal Of PAGA Claims Based On Prior Settlement And Claim Preclusion

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Employee Was Wrongfully Terminated After Failing Polygraph Test

United States Employment

PR

Proskauer Rose LLP

The FTC Shifts Its Focus From A Blanket Ban On Noncompete Agreements To Rigorous Enforcement Against Anticompetitive Overreach

United States Employment

FL

Senn Fortis

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Latest Videos

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Understanding Employee Misclassification vs Proper Classification (Video)

MS

Miller Shah

The Class Action Weekly Wire – Episode 132: Key Developments In Wage & Hour Class And Collective / PAGA Representative Actions (Video)

DM

Duane Morris LLP

Cultural Flashpoints Vidcast: Conversations That Matter (Video)

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Seyfarth Shaw LLP

LaborSpeak: WARN Update – California's New Notice Requirements (Video)

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Akin Gump Strauss Hauer & Feld LLP

Littler Lounge: Festive Compliance – Unwrapping Holiday Parties, Bonuses, And Workplace Cheer (Podcast)

LM

Littler Mendelson

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