Employment Law and Labour Law

Sephora faces multiple arbitration claims alleging its Beauty Insider loyalty program discriminates by generating personalized product recommendations based on demographic information like race and age. The company has filed at least 16 lawsuits seeking declarations that its optional personalization features comply with California's Unruh Civil Rights Act, arguing the recommendations enhance customer experience without restricting product access or changing pricing terms.

Financial services employers face unique challenges when evaluating employees' off-duty conduct that may threaten institutional reputation and public trust. How can these institutions balance legitimate reputational concerns with employment law obligations while minimizing legal exposure from discrimination, retaliation, or other claims?

The Eighth Circuit's recent decision in Christensen v. Union Pacific Railroad Co. provides crucial guidance on when employers can invoke the ADA's direct threat defense to deny accommodation requests. This case demonstrates how employers in safety-sensitive industries can successfully defend their decisions by following proper medical evaluation procedures and relying on current medical knowledge to assess workplace safety risks.

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.

A federal district court ruling in Tennessee has determined that fully remote employees do not establish a "single site of employment" under the federal WARN Act, creating uncertainty for employers navigating workforce reductions in an increasingly remote-first business environment. With lower courts divided on this issue and no appellate guidance yet available, the legal landscape for WARN Act compliance in distributed workforces remains unsettled and fact-dependent.

As companies like Cisco, Amazon, and Meta announce layoffs while simultaneously reporting record profits, a troubling pattern emerges: are these workforce reductions truly driven by AI automation, or is something else at play? This analysis examines the phenomenon of "AI-washing" and explores whether artificial intelligence is genuinely replacing workers or simply serving as a convenient justification for cost-cutting measures that free up capital for future technology investments.

Between July 2011 and June 2014, California-based Perfectus Aluminum Inc., Perfectus Aluminum Acquisitions LLC, and four affiliated warehousing companies imported more than 2.2 million aluminum extrusions from China.

The U.S. Department of Labor Administrative Review Board (“ARB”) extended the potential reach of SOX whistleblower coverage to private companies whose subsidiaries are partially owned by a publicly traded company. It also confirmed that reports to external auditors and concerns raised through an employee’s ordinary job duties may constitute protected activity.

AI-generated applications, deepfakes, and new background check requirements are changing how employers vet candidates. This episode explores common vetting mistakes, compliance considerations under the FCRA and EEOC guidance, and practical strategies for implementing effective background check processes that balance legal risk with business needs.

New York State's 2026 legislative session concluded with several employment bills awaiting Governor Kathy Hochul's signature. These proposed laws could significantly reshape employment practices across the state, affecting severance agreements, job postings, personnel records, artificial intelligence usage, and dispute resolution waivers. The changes would impact both employers and employees operating in New York's jurisdiction.

The Federal Aviation Administration has proposed a rule that would prevent state and local meal and rest break laws from applying to pilots and flight attendants during duty periods, asserting that federal aviation safety regulations must take precedence. This regulatory action directly responds to recent court decisions applying California's break requirements to in-flight crews, raising questions about the balance between worker protections and aviation safety imperatives.

New Jersey has activated its employer separation reporting portal, requiring businesses to report every employee departure within seven days through the state's Division of Unemployment Insurance system. The mandate applies to all separations—layoffs, terminations, resignations, and retirements—regardless of whether the former employee files for unemployment benefits. Employers must now navigate new compliance obligations including portal registration, timely data submission, and internal proces