Employment Law and Labour Law

New York State has enacted sweeping changes to employee personnel record requirements, mandating that employers provide free access to personnel files, notify employees of negative information within 10 days, and retain records for three years post-employment. These new obligations fundamentally reshape how New York employers must manage and maintain employee documentation.

The U.S. Department of Labor's Wage and Hour Division issued an opinion letter addressing whether meal periods remain noncompensable under the Fair Labor Standards Act when employees must spend part of that time walking to designated break areas. The opinion examines a detention facility's policy requiring 3-7 minutes of travel each way during 60-minute meal periods, and whether this travel time converts the entire break into compensable work time.

On September 9, 2026, Governor Kathy Hochul signed Senate Bill S3460 (A.2107), creating for the first time a statewide right for New York employees and former employees to access...

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.

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.

Employers increasingly rely on AI-enabled recruiting tools to streamline hiring, but these technologies introduce new litigation risks under employment discrimination laws and emerging AI regulations. Understanding the legal landscape, discovery implications, and governance strategies is essential for organizations implementing AI-assisted hiring systems.

A California federal court ruled that plaintiffs cannot avoid arbitration simply by labeling their claims as "sexual harassment." The decision requires plaintiffs to plausibly allege conduct that actually constitutes sexual harassment under governing law before the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies. This ruling establishes important limits on attempts to circumvent arbitration agreements through strategic claim labeling.

On August 21, 2026, the U.S. Department of Labor’s (DOL) Office of the Federal Contract Compliance Programs (OFCCP) published a Final Rule on Section 503 of the Rehabilitation Act. The Final Rule goes into effect on September 21 and eliminates several established disability-related requirements instrumental to federal contractors and subcontractors’ compliance programs.

The U.S. Department of Labor's Wage and Hour Division issued an opinion letter addressing whether meal periods remain noncompensable under the Fair Labor Standards Act when employees must spend part of that time walking to designated break areas. The opinion examines a detention facility's policy requiring 3-7 minutes of travel each way during 60-minute meal periods, and whether this travel time converts the entire break into compensable work time.

Directs the Department of War and Department of Veterans Affairs to establish continuous sharing of military personnel and medical records, deploy AI-enabled tools to streamline veterans...

The DOL's latest MHPAEA guidance provides plan sponsors with a practical roadmap for mental health parity compliance reviews, highlighting three key enforcement focus areas and identifying red flags in both written plan provisions and operational practices. While offering limited nonenforcement relief for certain portions of the 2024 Final Rule, the agency emphasizes continued enforcement of core statutory requirements...