United States: Contract of Employment

As employers navigate post-pandemic return-to-office policies, they face increasing requests from employees seeking remote work as a disability accommodation under the ADA. Recent federal appellate decisions provide crucial guidance on when full-time telework must be granted and when employers can require in-person attendance based on essential job functions. Understanding how courts analyze these fact-specific accommodation requests is essential for employers developing defensible remote work policies.

Minnesota's Department of Labor & Industry has finalized new rules implementing the state's Earned Sick and Safe Time Law, introducing significant clarifications for employers on attendance incentives, documentation requirements, and leave accrual calculations. These regulations establish critical distinctions between positive and negative attendance programs while addressing when employers can request medical documentation and how generous paid leave policies interact with statutory requirements.

Many employers allow employees to pay their share of health insurance premiums through pre-tax payroll deductions. While this has become a standard employee benefit, the favorable tax treatment is not created simply...

New Jersey employers may now face lawsuits for rescinding job offers based on a positive cannabis test. In Darlene Sanders v. The Levari Group, LLC, the Appellate Division held that applicants may pursue claims...

One year ago, the U.S. Supreme Court issued a decision in Cunningham v. Cornell University that addressed the bar for pleading a prohibited transaction claim under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”). Although Cunningham focused on ERISA pleading, the case is also notable because the Court expressly reminded district courts that they “can use existing tools at their disposal to screen out meritless claims before discovery.”

The U.S. Department of Labor has proposed a new rule establishing when multiple businesses may be treated as joint employers under federal labor law, potentially holding companies responsible for wage...

As federal enforcement priorities shift and state laws continue to evolve, how are recent regulatory developments reshaping the conversation around noncompetes in the maritime industry? This discussion examines the Federal Trade Commission's move away from pursuing a broad ban in favor of case-by-case enforcement, while exploring where maritime employers are most likely to encounter legal challenges and how companies can protect proprietary information while minimizing legal risk.

Connecticut employers that rely on AI-driven tools for recruiting, screening, or workforce management now face a detailed statutory framework governing those practices. Public Act No. 26-15 (the “Act”) was signed into law on June 2, 2026. The Act addresses subjects ranging from automated hiring technology to whistleblower channels for employees at AI developers. The compliance timeline is staggered: some provisions took effect immediately, while the most operationally intensive obligations take effect in October 2027.

Healthcare compliance experts Jana Kolarik and Angie Caldwell explore the critical intersection of physician compensation, work relative value units (wRVUs), and fair market value (FMV) requirements under the Stark Law.