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.
Article
Supreme Court Hears Investment Underperformance Argument In Anderson V. Intel: Justices Appear Receptive To A Benchmark Requirement
The Supreme Court heard oral argument in Anderson v. Intel Corporation Investment Policy Committee, examining whether ERISA plaintiffs must allege underperformance against a meaningful benchmark when challenging investment fund performance in defined contribution plans. The Justices appeared inclined to affirm this requirement, though questions remain about what constitutes a meaningful benchmark and how precisely the Court will define the standard for lower courts.
United States Employment
GL
Groom Law Group
Article
DOL Announces Enforcement Actions Against Employers In H-1B And PERM Fraud Probe
The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.
United States Employment
MB
Mayer Brown
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Article
Proposed New York Bill Targets Healthcare Non-Competes
New York State Senators have introduced legislation that would prohibit post-employment non-compete agreements for licensed healthcare professionals across the state, with enforcement through mandatory liquidated damages and private lawsuits. The bill creates a broad ban affecting physicians, nurses, dentists, and other licensed practitioners, while preserving certain restrictive covenants like confidentiality and client non-solicitation agreements.
United States Employment
HK
Holland & Knight
Article
Delaware Supreme Court Affirms That Unreasonable Restrictive Covenants Are Not Enforceable, Regardless Of The Remedy Sought
The Delaware Supreme Court has reversed a lower court decision that dismissed breach of contract claims against a former employee who allegedly violated restrictive covenants. At the heart of the dispute is a critical question about contract law: when should courts measure consideration—at the time a contract is formed or when it's enforced? The ruling establishes important precedent for employers seeking to enforce noncompete agreements and other restrictive covenants when the consideration provided
United States Employment
AO
A&O Shearman
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Article
Preventing Workplace Sexual Harassment: A Transatlantic Comparison Of Employer Obligations In The US & UK
As prevention obligations expand across the UK, California, New York State, and New York City, employers face heightened duties to prevent workplace sexual harassment before it occurs. With the UK's new "all reasonable steps" standard taking effect in October 2026 and US jurisdictions lowering liability thresholds, how can multinational employers navigate these evolving transatlantic requirements?
Global Employment
AG
Akin Gump Strauss Hauer & Feld LLP
Article
Getting It Right Before It Goes Wrong: Proactive Reviews Of Policies, Procedures, And Practices For Handling Sexual Misconduct Reports
Universities and organizations face mounting pressure to demonstrate that their sexual misconduct policies are effective and credible in practice. Recent legislation extending statutes of limitations and heightened public scrutiny mean institutions can no longer wait for crises to emerge. This article examines best practices for conducting independent, trauma-informed reviews that address historical failures while building durable compliance frameworks for the future.
United States Employment
BS
Boies Schiller Flexner
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Article
California’s “No Robo Bosses Act” Is Now Law: Human Oversight Required For AI-Driven Discipline And Termination
California's new "No Robo Bosses Act" (SB 947) prohibits employers from relying solely on artificial intelligence or automated decision systems when disciplining or terminating employees, requiring meaningful human review and written notice to affected workers. The law, effective July 1, 2027, establishes strict compliance requirements including corroboration protocols, employee data access rights, and anti-retaliation protections that will fundamentally reshape how California employers deploy AI-driven wor
United States Employment
CM
Crowell & Moring LLP
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