Employment Law and Labour Law

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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
Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms
Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United States Employment
JL
Jackson Lewis P.C.
Article
California Bars Public Works Contractors From Defending Themselves With Records Withheld From The Labor Commissioner
California's new Senate Bill 1316 creates a potentially case-dispositive evidentiary consequence for public works contractors beginning January 2027: failure to timely produce payroll, time, and employment records in response to labor commissioner requests may bar contractors from using those records to defend against civil wage and penalty assessments. The statute effectively transforms the investigation stage into a critical phase of hearing preparation, where a contractor's initial response to records re
United States Employment
LM
Littler Mendelson
Article
The ‘Stay-or-Pay’ Reset: California Delays AB 692 And Expands Permissible Repayment Arrangements
California has delayed its restrictions on employment repayment agreements until 2027, giving employers more time to adapt while expanding exceptions for retention bonuses and certain financial services payments. What changes should employers anticipate, and how can they restructure their stay-or-pay provisions to comply with the modified framework?
United States Employment
GT
Greenberg Traurig, LLP
Article
DOL Takes Another Step Towards Eliminating The 80/20 Rule For Tipped Employees
On October 19, 2026, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2026-1, formally withdrawing three opinion letters that served as the foundation for the so-called “80/20 Rule” governing tipped employees under the Fair Labor Standards Act (FLSA). The DOL also confirmed that its current enforcement guidance does not impose a percentage-based limit on the time a tipped employee may spend performing related, non-tip-producing duties. Instead, the inquiry focuses on whether the employee’s duties are related to the employee’s tipped occupation.
United States Employment
FH
Ford & Harrison LLP
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Article
Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms
Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United States Employment
JL
Jackson Lewis P.C.
Article
California Bars Public Works Contractors From Defending Themselves With Records Withheld From The Labor Commissioner
California's new Senate Bill 1316 creates a potentially case-dispositive evidentiary consequence for public works contractors beginning January 2027: failure to timely produce payroll, time, and employment records in response to labor commissioner requests may bar contractors from using those records to defend against civil wage and penalty assessments. The statute effectively transforms the investigation stage into a critical phase of hearing preparation, where a contractor's initial response to records re
United States Employment
LM
Littler Mendelson
Article
Forms, Fines, And Functionality: What ICE’s Latest I-9 Inspection Update Means For Employers
ICE has updated its Form I-9 inspection guidance for the second time in 2026, introducing a new notice for expired work authorization and clarifying penalty calculations. The update provides critical insight into audit procedures, electronic system requirements, and the stricter enforcement framework that reclassified common Form I-9 errors from technical to substantive violations.
United States Immigration
SS
Seyfarth Shaw LLP
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Article
Unpaid Leave Can Be Reasonable Religious Accommodation Under FEHA, Court Of Appeal Rules
California’s Fair Employment and Housing Act (the “FEHA”) proscribes various forms of employment discrimination, including discrimination based on religious beliefs. Among other things, the FEHA requires employers to provide a reasonable accommodation when an employee’s religious belief conflicts with their job requirements. On October 7, 2026, in Smith v. Burbank Unified School District, a three-judge panel of the California Court of Appeal held that an unpaid leave of absence can be a reasonable accommodation for employees whose religious beliefs prevent them from complying with a mandatory vaccination requirement.
United States Employment
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
EEOC Reduces The Time To Respond To EEOC Charges, But To What End? (And What You Can Do To Support Your Counsel’s Ability To Respond Quickly)
Share on Twitter Print Share by Email Share Back to top By now you have likely heard that the EEOC has significantly reduced the time to respond to a notice of a pending EEOC charge. Historically, when a respondent received a notice of an EEOC charge (which are delivered via e-correspondence — so be on the lookout for e-mail from the EEOC), it typically had at least 30 days to provide a response.
United States Employment
FL
Foley & Lardner
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Video
The Class Action Weekly Wire – Episode 167: New York Federal Court Rules Pre-Shift Warehouse Walk Time Non-Compensable (Video)
A federal court in New York's Northern District has issued a pivotal ruling on whether warehouse employees must be compensated for time spent walking between security checkpoints and timeclock stations. The decision examines the interplay between federal Portal-to-Portal Act limitations and New York state wage regulations, with significant implications for employers operating large distribution facilities.
United States Employment
DM
Duane Morris LLP
Article
EEOC Reduces The Time To Respond To EEOC Charges, But To What End? (And What You Can Do To Support Your Counsel’s Ability To Respond Quickly)
Share on Twitter Print Share by Email Share Back to top By now you have likely heard that the EEOC has significantly reduced the time to respond to a notice of a pending EEOC charge. Historically, when a respondent received a notice of an EEOC charge (which are delivered via e-correspondence — so be on the lookout for e-mail from the EEOC), it typically had at least 30 days to provide a response.
United States Employment
FL
Foley & Lardner
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Article
Eleventh Circuit Finds No Administrative Exhaustion Required For Statutory ERISA Claims
In a significant en banc decision, Bolton v. Inland Fresh Seafood Corporation of America, Inc., No. 24-10084, the United States Court of Appeals for the Eleventh Circuit overruled its four-decade-old precedent in Mason v. Continental Group, Inc., 763 F.2d 1219 (11th Cir. 1985), and found that ERISA does not require plaintiffs to exhaust administrative remedies before bringing statutory claims—including claims for breach of fiduciary duty.
United States Litigation
SS
Seyfarth Shaw LLP
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