United States: Employment and HR

The NLRB's General Counsel has issued a memo signaling potential reversals of recent labor law precedents affecting severance agreements, workplace policies, captive audience meetings, and bargaining orders. This guidance previews the agency's shifting stance on controversial decisions from 2023-2024 that significantly impacted employer practices. Employers should monitor these developments as the Board now has the quorum needed to issue precedent-changing decisions.

The Hotel Worker Protection Ordinance (“HWPO”), passed by the Los Angeles County Board of Supervisors, became operative April 1, 2026 and its housekeeping training requirements take effect on October 1, 2026.

5620, or the PROTECT Act, a new law designed to limit local participation in federal civil immigration enforcement, which creates immediate requirements...

As the EEOC proposes to eliminate EEO-1 reporting requirements, employers face a critical decision about whether to continue collecting workforce demographic data. This analysis examines the legal, practical, and strategic considerations that should inform this choice, including state-level obligations, discrimination prevention benefits, and the ongoing role of statistical evidence in employment litigation.

On August 25, 2026, the U.S. Department of Justice (DOJ or the Department) announced a $21.5 million settlement with Deloitte LLP and four affiliated entities (collectively, Deloitte), marking the second False Claims Act (FCA) settlement under the Department’s Civil Rights Fraud Initiative launched in May 2025.

Federal contractors now face significant new nondiscrimination requirements through FAR 52.222-90, which directly incorporates compliance obligations into the procurement process and connects them to government payment decisions under the Civil False Claims Act. The clause applies to covered federal contracts and subcontracts above the micro-purchase threshold, requiring contractors to certify they will not engage in racially discriminatory DEI activities during contract performance. With serious consequenc

The Treasury Department and IRS have issued proposed regulations updating minimum funding rules for single-employer defined benefit pension plans under Internal Revenue Code section 430. These regulations implement statutory changes from WRERA, the SECURE Act, and SECURE 2.0 while addressing technical issues that have emerged since the existing regulations were established.

A Georgia federal district court has granted preliminary approval to a $47.7 million class action settlement resolving a decade-long dispute between NCR Corp. and approximately 189 former executives. The case centers on allegations that the software company breached its contractual obligation to provide lifetime annuity payments to retired executives...

Plan sponsors face a critical December 31, 2026 deadline to adopt amendments reflecting SECURE 1.0, SECURE 2.0, and CARES Act provisions in their qualified retirement plan documents. Many plans have been operating under these laws for years without updated plan language, creating a gap between plan operations, participant communications, and formal documentation. This comprehensive guide identifies which amendments must be adopted, provides a detailed checklist of provisions requiring documentation, and out

A New Jersey employer faces a lawsuit after an AI transcription tool allegedly captured supervisors discussing their preference for a "strapping young man" to replace a terminated female employee. The case raises critical questions about the admissibility of AI-generated evidence in court and highlights the risks employers face when using virtual meeting platforms with automated transcription features.

When an employer documents that an employee's National Guard obligations are the reason for demotion or termination, it creates overwhelming evidence of discrimination under federal law. This case reveals how the Department of Justice approaches USERRA enforcement against private employers and what triggers federal litigation. The consent decree imposed extensive compliance obligations that extended far beyond monetary damages, demonstrating the lasting consequences of explicitly linking adverse employment

Welcome to our July update, where we highlight some of the latest developments in employment law. In this edition, we consider two recent cases. We also summarise recent and forthcoming changes in employment legislation...