United States: Employee Rights/ Labour Relations

Explore the latest updates in employee benefits law, including innovations in retirement services, mental health parity guidance, ICHRA regulations, ESOP valuation legislation, and Medicare Part D pharmacy contracting standards. Stay informed on critical developments affecting healthcare compliance, paid family leave, and marketplace enrollment protections.

The NLRB's Division of Advice recently cleared an employer of unfair labor practice charges after firing two employees who organized a political protest on company property. The decision hinges on whether the protest constituted protected concerted activity under the NLRA, with the agency finding the connection to workplace concerns too attenuated. In a significant footnote, General Counsel Crystal Carey signaled her intent to overturn recent precedent that protected activity with "an objective" the NLRA pr

There are currently 19 states that legally require employers to permit employees (and sometimes former employees) to view and/or obtain a copy of their personnel file. As of November 8, 2026, that number will increase to 20, when New York’s recently enacted Personnel Records Access Law goes into effect. The majority of states have no law requiring access to personnel files and there is no federal law that confers on current or former employees a statutory right to access their personnel files.

Maryland's new Worker Freedom Act restricts mandatory employer meetings on political and religious matters, extending protections to both employees and job applicants. The law creates an administrative enforcement process with penalties up to $25,000 for violations, while legal challenges to similar state laws continue on First Amendment and NLRA preemption grounds.

California's Legislature has significantly amended AB 692, the state's aggressive "stay-or-pay" law, delaying enforcement until 2027 and creating new exceptions for financial services and retention incentives. Employers now have additional time to restructure agreements, but must navigate revised requirements for training repayment, sign-on bonuses, and other arrangements that could require workers to repay money upon leaving employment.

A federal appeals court has ruled that grocery workers who arrive on time but must wait outside locked stores for managers may be entitled to compensation for that waiting time. The decision examines when pre-shift waiting becomes compensable work under the Fair Labor Standards Act, challenging traditional boundaries between preliminary activities and principal work duties.

Businesses often assume if customer names are publicly visible on LinkedIn or industry directories, those client relationships cannot be legally protected. However, a major ruling from the U.S. District Court for the Western District of Washington turns that assumption on its head.

Governor Gavin Newsom has signed Assembly Bill (AB) 2495, expanding California’s protections against retaliation and other workplace conduct involving a person’s perceived immigration status. The new law amends Labor Code section 1019 and will take effect January 1, 2027.

Washington's House Bill 1155 will void virtually all noncompetition agreements effective June 30, 2027, including existing contracts. The law's expansive definition extends beyond traditional noncompetes to encompass equity plans, bonus structures, and repayment provisions, requiring employers to conduct comprehensive audits and provide mandatory notice to affected workers by October 1, 2027.