United States: Discrimination, Disability & Sexual Harassment

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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.

Departments Press Pause On Final Mental Health Parity Regulations

Yesterday, the Departments of Labor, Treasury, and Health and Human Services announced a non-enforcement policy.

United States Employment

PR

Proskauer Rose LLP

IRS Releases 2026 Inflation-Adjusted Amounts For HSAs, HDHPs, And HRAs

The IRS recently released Revenue Procedure 2025-19 with the 2026 inflation-adjusted amounts for health savings accounts (HSAs), high-deductible health plans (HDHPs), and excepted-benefit health reimbursement arrangements (HRAs).

United States Employment

WS

Winston & Strawn LLP

Washington Governor Signs State's 'Mini-WARN Act': Notice Required For Site Closings And Mass Reductions In Force

On May 13, 2025, Washington Governor Bob Ferguson signed a bill into law that will require employers with fifty or more full-time employees to notify the state, any union, and affected employers of a business site closing or mass reduction in force (RIF).

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Trump Administration Pauses Enforcement Of The MHPAEA Final Rule

The Departments of Labor ("DOL"), Health and Human Services ("HHS"), and Treasury (the "Tri-Agencies") have signaled that changes may be coming to the Mental Health Parity and Addiction Equity Act ("MHPAEA")...

United States Employment

CM

Crowell & Moring LLP

Anthem Settles Mental Health Class Action Lawsuit

United States Employment

HB

Hall Benefits Law

NY Budget Bill Deal Limits Damages For First-Time Pay Frequency Claims

United States Employment

TC

Thompson Coburn LLP

Can Employers Be Held Liable For AI Discrimination?

United States Employment

WG

Wilentz, Goldman & Spitzer

Employee Relations Law Journal | Non-Quantitative Treatment Limitations Comparative Analysis: What Plan Fiduciaries Need To Know

United States Employment

DL

Davis+Gilbert LLP

Rising Temperatures Bring New Obligations For Maryland Employers

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Cal/OSHA Announces Discussion Drafts For Revised Wildfire Smoke Protection And Heat Illness Prevention Standards

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Department Of Labor's New Guidance On Enforcing Biden Administration's Independent Contractor Rule

United States Employment

GT

Greenberg Traurig, LLP

Republican Legislators Push Ahead With Agenda (Beltway Buzz, May 16, 2025)

Worldwide Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Missouri's Paid Sick Leave And Portions Of The Minimum Wage Increase Repealed

United States Employment

JL

Jackson Lewis P.C.

Harassment In The Workplace: A Major Challenge For Employers In France

United States Employment

KG

K&L Gates LLP

President Trump Restores Section 232 Tariffs

United States International

BG

Braumiller Law Group, PLLC

I Attended Liberation Day And All I Got Was These Lousy Tariffs. Is This Liberation? Liberation Day Hangover

United States International

BG

Braumiller Law Group, PLLC

Lessons From The Smoot–Hawley Tariff Act Of 1930

United States International

BG

Braumiller Law Group, PLLC

2025 Trade Policy Agenda Provides Rationale For Trump Tariff Actions

United States International

BG

Braumiller Law Group, PLLC

[PODCAST] Utilizing Co-Mediation - Bringing Together Multiple Perspectives To Reach Effective Settlements

United States Litigation

J

JAMS

Contract of Employment

Ohio Senate Deliberates Ban On Noncompete Agreements For All Employees

Bipartisan legislation was recently introduced in the Ohio Senate that would ban employee noncompete agreements in Ohio.

United States Employment

B

Benesch Friedlander Coplan & Aronoff LLP

Florida Makes A CHOICE To Toughen Noncompete Enforcement

On April 24, 2025, the Florida Legislature approved the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act, which now awaits the Governor's signature.

United States Employment

HS

Harris Sliwoski

Restrictive Covenants In Private Equity Transactions

Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers...

United States Commercial

M

Mintz

Coalition For A Democratic Workplace Urges US Attorney General To Unilaterally Override Biden-Era NLRB Decisions

United States Employment

BS

Ballard Spahr LLP

Texas May Soon Reshape Non-Competes For Healthcare Workers: What Employers Need To Know

United States Employment

D

Dykema

Four More Years? Examining The Push For Extended Non-Competes In Florida

United States Employment

KD

Kelley Drye & Warren LLP

Trump Issues Executive Order Cancelling Most Federal Collective Bargaining Agreements

United States Employment

HB

Hall Benefits Law

The CHOICE Act: An Unprecedented Shift In The Future Of Noncompete Agreements In Florida

United States Employment

JW

Jones Walker

Massachusetts Employers: Do Your Job Applications Contain The Mandatory Notice About Lie Detector Use In Employment?

United States Employment

JL

Jackson Lewis P.C.

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Discrimination, Disability & Sexual Harassment

Can Employers Be Held Liable For AI Discrimination?

Earlier this year, New Jersey's Attorney General and the Division on Civil Rights issued guidance concerning Artificial Intelligence ("AI") discrimination in hiring...

United States Employment

WG

Wilentz, Goldman & Spitzer

Harassment In The Workplace: A Major Challenge For Employers In France

During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace.

United States Employment

KG

K&L Gates LLP

Employer Rollercoaster: Determining Work Authorization For Employees On TPS, Humanitarian Parole, Or Authorized For Employment As F-1 Students

The last three months have been a rollercoaster ride for employers trying to determine whether certain employees will retain work authorization.

United States Employment

LM

Littler Mendelson

Workplace Strategies Watercooler 2025: NLRB Update—What To Expect In 2025 And Beyond (Podcast)

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Federal Court Nullifies EEOC Guidance On LGBTQ+ Protections

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Workplace Strategies Watercooler 2025: The Election Is Over, What's Next? Part II (Podcast)

United States Immigration

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Workplace Strategies Watercooler 2025: Bringing People Together During Changing Times (Podcast)

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

Trump Administration Moves To Dismantle Disparate Impact Liability In Federal Civil Rights Enforcement

United States Employment

HM

Honigman

Employers See Wins In Title VII Suits Over DEI Trainings

United States Employment

PC

Perkins Coie LLP

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Retirement, Superannuation & Pensions

Anthem Settles Mental Health Class Action Lawsuit

Anthem has settled a class action lawsuit brought by participants in employee health plans it administers, following negotiations and private mediation.

United States Employment

HB

Hall Benefits Law

Republican Legislators Push Ahead With Agenda (Beltway Buzz, May 16, 2025)

This week, the U.S. House of Representatives' Committee on Ways and Means advanced—on a party-line 26–19 vote—a tax reform package that included Republicans' top fiscal priorities.

Worldwide Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

A Bit Of Mental Health Parity Relief For Employers Sponsoring Group Health Plans

Even though we have the promise of a non-enforcement policy applying to the 2025 and 2026 deadlines of at least some provisions of the 2024 Final Regulations...

United States Employment

JL

Jackson Lewis P.C.

Federal Court Refuses To Dismiss Challenge To Plan Administrator's Use Of Automated Algorithm For Benefit Decisions

United States Employment

HB

Hall Benefits Law

District Court Holds Pension Fund Misapplied Prior Partial Withdrawal Liability Credit

United States Employment

PR

Proskauer Rose LLP

"ToMAYto, ToMAHto": District Court Holds That Differences In State Law Determine Whether Unpaid Annual Pension Contributions Establish "Insolvency" For Chapter 9 Eligibility Purposes

United States Employment

CW

Cadwalader, Wickersham & Taft LLP

Giant Eagle Settles ERISA Class Action Suit Alleging Failure To Control 401(k) Plan Costs

United States Employment

HB

Hall Benefits Law

Withdrawal Liability: Third Circuit Paves New Path For Pension Funds To Collect From Affiliated Employers

United States Employment

JL

Jackson Lewis P.C.

Trump Issues Executive Order Cancelling Most Federal Collective Bargaining Agreements

United States Employment

HB

Hall Benefits Law

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Unfair/ Wrongful Dismissal

Workplace Strategies Watercooler 2025: NLRB Update—What To Expect In 2025 And Beyond (Podcast)

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Tom Davis (shareholder, Nashville) and Tom Stanek (shareholder, Phoenix)—both of whom are chairs of the firm's...

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

California Court Turns Up The Heat: PG&E Case Requires Employees Claiming Defamation To Prove Damages Beyond Their Termination

Employees may believe they can premise a defamation case on their employment termination. However, Hearn v. Pac. Gas & Elec. Co., 108 Cal. App. 5th 301 (2025), holds otherwise.

United States Employment

GT

Greenberg Traurig, LLP

Increased Workplace Protections For Volunteer Emergency Service Providers In Montana

On April 16, 2025, Montana Governor signed into effect HB 128: An Act Protecting Volunteer Emergency Service Providers From Termination by a Public or Private Employer Under Certain Conditions...

United States Employment

JL

Jackson Lewis P.C.

Managing Labour Cost: Insights And Lessons For The Resource And Other Sectors For 2025

United States Employment

SS

Seyfarth Shaw LLP

Legal Protections For Employees During Security Clearance Investigations

United States Employment

TR

Tully Rinckey

ALJ Backs Hospital's Right To Delay Returning Strikers To Work

United States Employment

LM

Littler Mendelson

Early Signs Point To Pullback On Prior Administration's Moves To Curtail Noncompetes Per Se

United States Employment

DM

Duane Morris LLP

Federal Judge Refuses To Dismiss Retaliation Claims Over Sephora's Hiring Practices

United States Employment

HB

Hall Benefits Law

California Employment Law Notes

United States Employment

PR

Proskauer Rose LLP

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Latest Videos

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Lerch Early Hosts Dr. Alan Gregerman For A Discussion On 'Innovating In An Uncertain World' (Video)

LE

Lerch, Early & Brewer, Chtd

April 2025 Employer Regulatory And Legislative Update (Video)

ML

Marcum

Decoding Appeals, Episode 4: Clerks' Perspectives, Part 2 (Video)

SS

Seyfarth Shaw LLP

LaborSpeak: Update On The State Of Non-compete Restrictions (Video)

AG

Akin Gump Strauss Hauer & Feld LLP

Legal Minute: Permanent Total Disability (Video)

FR

Ford Richardson

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