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
Washington State Published Updated Notice For Fair Chance Amendments Effective July 1, 2026
Washington's Attorney General has released an updated Fair Chance Act Guide for Employers and Job Applicants, prompting employers to review their compliance with the amended statute's notice and assessment requirements. The amendments, effective July 1, 2026, impose new obligations on employers with 15 or more employees when conducting background checks or receiving voluntary criminal history disclosures.
United States Employment
LM
Littler Mendelson
Article
Mental Health Parity Compliance Continues To Challenge Employer Health Plans
The US Departments of Labor, Health and Human Services, and Treasury have released their 2025 MHPAEA Report to Congress, revealing persistent compliance failures among employer health plans regarding mental health parity requirements. The report details enforcement activities from August 2023 to July 2024, documenting hundreds of deficient comparative analyses and ongoing violations of nonquantitative treatment limitations. Despite increased regulatory scrutiny and repeated warnings, the data shows that pla
United States Employment
SR
McDermott Will & Schulte
Article
Cal. Federal Court Grants Employer Summary Judgment Despite Protected Whistleblowing
A California federal court recently granted summary judgment to an employer in a whistleblower retaliation case, despite finding evidence of protected activity. The decision highlights how well-documented performance issues spanning years can overcome retaliation claims, even when an employee reports suspected illegal conduct. What factors proved decisive in allowing the employer to prevail?
United States Employment
PR
Proskauer Rose LLP
Article
New York’s “No Severance Ultimatums Act” Would Increase Severance Agreement Requirements
New York's Legislature has passed the "No Severance Ultimatums Act," which would impose significant new requirements on employers offering severance agreements to New York employees. The bill mandates a 21-day consideration period, a 7-day revocation window, and prohibits coercive tactics, expanding federal protections currently limited to workers aged 40 and older to nearly all New York employees. Employers must prepare for immediate implementation if Governor Hochul signs the bill, as non-compliant agreem
United States Employment
SM
Sheppard, Mullin, Richter & Hampton LLP
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Article
New York’s “No Severance Ultimatums Act” Would Increase Severance Agreement Requirements
New York's Legislature has passed the "No Severance Ultimatums Act," which would impose significant new requirements on employers offering severance agreements to New York employees. The bill mandates a 21-day consideration period, a 7-day revocation window, and prohibits coercive tactics, expanding federal protections currently limited to workers aged 40 and older to nearly all New York employees. Employers must prepare for immediate implementation if Governor Hochul signs the bill, as non-compliant agreem
United States Employment
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
The Last Yard: Tesla’s Factory Workers Join The Expanding Universe Of FAA-Exempt Transportation Workers
A California appellate court ruled that Tesla's yard hostlers—workers who move trailers containing interstate-shipped auto parts within factory grounds—qualify as transportation workers exempt from the Federal Arbitration Act. The decision expands the scope of the FAA's transportation worker exemption beyond traditional drivers and may affect arbitration agreement enforceability for employers whose workers handle goods in interstate commerce, even if those workers never leave company premises.
United States Employment
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
Virginia Employers: Reminder About New Job Posting And Salary History Rules
Virginia employers face a wave of new employment law requirements starting July 1, 2026, that will fundamentally change hiring and compensation practices. These changes include mandatory pay transparency in job postings and prohibitions on asking candidates about their salary history. Understanding these upcoming requirements is essential for employers to ensure compliance and avoid potential legal pitfalls.
United States Employment
JL
Jackson Lewis P.C.
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Article
Washington State Published Updated Notice For Fair Chance Amendments Effective July 1, 2026
Washington's Attorney General has released an updated Fair Chance Act Guide for Employers and Job Applicants, prompting employers to review their compliance with the amended statute's notice and assessment requirements. The amendments, effective July 1, 2026, impose new obligations on employers with 15 or more employees when conducting background checks or receiving voluntary criminal history disclosures.
United States Employment
LM
Littler Mendelson
Article
Pay Transparency In Europe And The UK: What Employers Need To Know (Podcast)
Mayer Brown partners examine the rapidly changing pay transparency requirements across Europe and the UK, analyzing how the EU Pay Transparency Directive and national regulations in France, Germany, and the UK are reshaping employer obligations. The discussion provides actionable guidance for organizations navigating new transparency, reporting, and equal pay compliance requirements.
United States Employment
MB
Mayer Brown
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Article
DOL Guidance Clarifies ERISA Status Of Trump Accounts
The One Big Beautiful Bill Act introduced Trump Accounts, a novel tax-advantaged savings vehicle for children under 18, with employer contribution provisions beginning in 2026. The Department of Labor's Technical Release 2026-02 addresses critical questions about whether these accounts and employer contribution programs fall under ERISA's regulatory framework. Employers must navigate specific conditions and distinctions between accounts benefiting employees versus their dependents to avoid unintended ERISA
United States Employment
MB
Mayer Brown
Article
Long-Term Care Distributions From Defined Contribution Plans – This Is New!
Section 334 of SECURE 2.0 introduces qualified long-term care distributions from defined contribution plans without the 10% early withdrawal penalty. IRS Notice 2026-33 clarifies the requirements, reporting obligations, and implementation steps for plan sponsors and insurance issuers. Understanding these new rules is essential for employers considering this distribution option and participants seeking to use retirement funds for long-term care insurance premiums.
United States Employment
GL
Groom Law Group
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Article
New York’s “No Severance Ultimatums Act” Would Increase Severance Agreement Requirements
New York's Legislature has passed the "No Severance Ultimatums Act," which would impose significant new requirements on employers offering severance agreements to New York employees. The bill mandates a 21-day consideration period, a 7-day revocation window, and prohibits coercive tactics, expanding federal protections currently limited to workers aged 40 and older to nearly all New York employees. Employers must prepare for immediate implementation if Governor Hochul signs the bill, as non-compliant agreem
United States Employment
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
Texas Supreme Court: Documented Conduct Showing Actual Job Impairment Is Key To Avoiding Disability Discrimination Liability
The Texas Supreme Court has ruled that employers may lawfully terminate employees whose physical or mental conditions impair job performance, even when those conditions qualify as disabilities under state law. This landmark decision provides critical guidance for safety-sensitive positions while emphasizing the need for documented, objective evidence linking a disability to actual job impairment rather than assumptions or stereotypes.
United States Employment
SS
Seyfarth Shaw LLP
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