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

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.

NBA players face complex arbitration procedures when disputes arise with teams or the league over contracts, compensation, discipline, and career-affecting decisions. Understanding which procedure applies, who can initiate it, and the strict deadlines involved can determine whether a player's claim succeeds or fails before reaching the merits.

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?

When a Texas federal court vacated the FTC’s proposed nationwide noncompete ban in August 2024, many employers exhaled. But as our colleagues wrote last December, the FTC’s interest in noncompetes did not disappear with its rulemaking authority; the agency simply reoriented toward case-by-case enforcement.

The Trump administration announced two additional significant actions affecting the H-1B program late last week, increasing scrutiny of employers that have conducted or are planning layoffs and extending the $100,000 payment requirement for certain H-1B petitions.

A recent California lawsuit alleges that AI-based employee selection tools discriminated against workers on protected leave and those with disabilities during a reduction in force. The case highlights critical legal risks for employers deploying AI in high-stakes employment decisions, particularly around how AI systems handle productivity metrics for employees who are absent or working under accommodations.

When workforce reductions happen in multiple waves across related corporate entities, how does federal law treat them in the aggregate? The recent Ubisoft layoffs at Red Storm Entertainment in North Carolina illustrate critical compliance questions under the Worker Adjustment and Retraining Notification Act that every employer must understand before implementing workforce changes.