Employment Law and Labour Law

The SEC whistleblower program offers individuals a confidential pathway to report securities law violations while protecting their identity and employment. Understanding what qualifies as original information, how to properly submit a tip, and the legal protections available can determine whether a whistleblower receives substantial monetary awards ranging from 10% to 30% of sanctions collected.

Against a backdrop of job insecurity and fear of retaliation, anonymous whistleblower reporting has surged to alarming levels, reversing years of progress toward named reporting. This troubling trend signals deeper issues in workplace culture that compliance professionals must address urgently. What concrete measures can organizations implement to rebuild trust and encourage employees to report misconduct without hiding behind anonymity?

The Department of Justice secured a $2 million settlement with Honeywell Aerospace for allegedly failing to comply with NIST SP 800-171 cybersecurity requirements under a Department of War contract. This case demonstrates how cybersecurity compliance failures can trigger False Claims Act liability even without an actual data breach or cyberattack, and highlights the growing role of whistleblowers in exposing contractors' gaps between contractual obligations and actual security practices.

For most businesses, claims filed by current or former employees are inevitable. Companies, especially those with particularly large workforces, must balance various interests when deciding what to do when faced with litigation, or the threat of litigation.

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.

The NLRB confirmed the validity of the employer friendly standard from General Motors regarding when an employee’s abusive or offensive conduct does not qualify as protected under the NLRA, replacing the long-standing Atlantic Steel precedent.

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.

The IRS proposes new electronic rollover procedures and minimum funding rules for retirement plans, while federal courts weigh in on pension risk transfers, ERISA preemption, and arbitration clauses.

The IRS has proposed new standardized procedures and sample forms to streamline direct rollovers between retirement plans, addressing longstanding inefficiencies that have burdened participants with administrative complexities. While adoption remains optional for now, plan sponsors should evaluate how these changes might impact their current rollover processes and consider engaging with recordkeepers about potential implementation.

New York has entered the world of mandating access to personnel records. Governor Kathy Hochul signed new legislation that grants employees and former employees...

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.

The EEOC's 2025-2029 National Enforcement Plan signals a major shift in workplace discrimination enforcement, targeting DEI programs, religious accommodations, and sex-based workplace policies. Recent litigation against Coca-Cola and proposed regulatory changes to affirmative action guidance reveal how federal agencies are reshaping employment law compliance requirements.