United States: Employment and HR

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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.

Georgia Federal Suit Pending Over Gender-Affirming Care For Prisoners

After the state of Georgia passed S.B. 185, a law that removed funding for gender-affirming healthcare in prisons...

United States Employment

HB

Hall Benefits Law

Reclassifying A Position From Exempt To Non-Exempt

In the first installment on FLSA classifications we suggested that employers perform an internal audit to assess compliance with FLSA and state law exemptions from overtime.

United States Employment

Metz Lewis Brodman Must O'Keefe

Delaware State Supreme Court Reinstates Elon Musk $56 Billion Compensation Package

The Delaware Supreme Court has reinstated the groundbreaking compensation package Tesla provided to Elon Musk...

United States Employment

HB

Hall Benefits Law

First Circuit Rules That The Existence Of A PIP Alone Is Not An Adverse Employment Action

The First Circuit Court of Appeals, which includes Massachusetts, Rhode Island, New Hampshire, Maine and Puerto Rico, issued an important ruling on March 13, 2026.

United States Employment

LB

Lewis Brisbois Bisgaard & Smith LLP

DOL Reinstates Historic “Five-Part” Fiduciary Test

United States Employment

AP

Arnold & Porter

ADA Lawsuits Against Coffee Shops And Breweries On The Rise: How Small Businesses Can Avoid Costly Accessibility Claims About Architectural Barriers And Websites

United States Employment

JM

Jeffer Mangels & Mitchell LLP

Virginia’s Exceptions To At-Will Employment

United States Employment

TE

The Employment Law Group

Is Your Non-Compete Agreement In The DMV Area Enforceable?

United States Employment

TE

The Employment Law Group

What You Need To Know About Workplace Defamation

United States Employment

TE

The Employment Law Group

Watch Out Illinois Employers — The Illinois Wage Law Does NOT Exclude Preliminary or Postliminary Activities from Compensable Work

United States Employment

FL

Foley & Lardner

Deadline Approaching: California Employers Must Implement Emergency Contact Notification Policy By March 30, 2026

United States Employment

JM

Jeffer Mangels & Mitchell LLP

UK Pensions: What's New This Week? March 23, 2026

United States Employment

AO

A&O Shearman

Death By A Single Claim: How One Harassment Claim Nukes Arbitration For The Whole Case

United States Employment

DW

Dickinson Wright PLLC

It’s A TRAP! California And New York Restrict “Stay-or-Pay” Provisions In Employment Agreements

United States Employment

W

WilmerHale

Sanctions Update: March 9, 2026

Worldwide International

SJ

Steptoe LLP

Signed, Sealed, But Not Delivered? Don't Wonder About Taxes Under New Postal Service Rules

United States Tax

N

Nossaman LLP

What Foundations And Other Nonprofits Need To Know About The Foreign Agents Registration Act

United States Government

W

WilmerHale

Federal Circuit: Priority Document That 'Broadly Outlines' Possible Structures Fails To Provide Adequate Written Description Support For Subgenus Of Linkers In Antibody-Drug Conjugate

United States IP

AG

Akin Gump Strauss Hauer & Feld LLP

U.S. States Outpace Federal And Global Standards On Cosmetic Chemical Restrictions

United States Consumer

BB

Baker Botts LLP

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Contract of Employment

Is Your Non-Compete Agreement In The DMV Area Enforceable?

The collapse of the Federal Trade Commission’s nationwide non-compete ban in 2024 left many wondering whether their own non-compete agreements are still enforceable.

United States Employment

TE

The Employment Law Group

It’s A TRAP! California And New York Restrict “Stay-or-Pay” Provisions In Employment Agreements

A recent wave of state laws reflects a rethinking of the use of “stay-or-play” arrangements in employment agreements. Joining Connecticut, Colorado and other states...

United States Employment

W

WilmerHale

It’s War! Chef’s Table At Brooklyn Fare

Is it the egos? The profits? The risk? The stress? The often poorly-done contracts? Some combination of all of the above? Hard to say, but real estate owners...

United States IP

FF

Farrell Fritz, P.C.

PRC: Judicial Interpretation (II) On Labour Disputes 中国：劳动争议司法解释(二)

United States Employment

KL

Herbert Smith Freehills Kramer LLP

Asia: Fixed Term Employment Contracts

Worldwide Employment

KL

Herbert Smith Freehills Kramer LLP

Washington State Poised To Ban Noncompetition Agreements: What Employers Need To Know

United States Employment

SS

Seyfarth Shaw LLP

Nevada Supreme Court Unanimously Requires Prevailing-Wage Disputes To Be Resolved By The Nevada Labor Commissioner

United States Employment

LM

Littler Mendelson

The Regulatory Pendulum Of Independent Contractors: Does The New DOL Test Grant More Independents?

United States Employment

BA

Bradley Arant Boult Cummings LLP

New York Amends Trapped At Work Act

United States Employment

HK

Holland & Knight

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Discrimination, Disability & Sexual Harassment

Boomers To Zoomers: Generational Friction In Litigated Employment Mediations

Certain workplace behaviors may be interpreted very differently depending on the generation of the co-worker receiving them. What begins as a minor misunderstanding can escalate into workplace conflict or worse—litigation. By the time the dispute reaches mediation, it's layered with assumptions, emotion and generational friction.

United States Employment

J

JAMS

First Circuit Rules That The Existence Of A PIP Alone Is Not An Adverse Employment Action

The First Circuit Court of Appeals, which includes Massachusetts, Rhode Island, New Hampshire, Maine and Puerto Rico, issued an important ruling on March 13, 2026.

United States Employment

LB

Lewis Brisbois Bisgaard & Smith LLP

ADA Lawsuits Against Coffee Shops And Breweries On The Rise: How Small Businesses Can Avoid Costly Accessibility Claims About Architectural Barriers And Websites

Neighborhood coffee shops and craft breweries have seen a noticeable increase in lawsuits recently. These are not large national chains with in-house legal teams.

United States Employment

JM

Jeffer Mangels & Mitchell LLP

Virginia’s Exceptions To At-Will Employment

United States Employment

TE

The Employment Law Group

Death By A Single Claim: How One Harassment Claim Nukes Arbitration For The Whole Case

United States Employment

DW

Dickinson Wright PLLC

Modern Workplace Behaviour Training: From Policy To Practice

United States Employment

SS

Seyfarth Shaw LLP

Ones To Watch: Legislation Landscape For 2026

United States Employment

LM

Littler Mendelson

EEOC Hits "Rewind": What The Rescission Of Harassment Guidance Means For Employers

United States Employment

FH

Ford & Harrison LLP

The Greatest Hits Of Employment Law For In House Counsel: Immigration And The NLRB

United States Employment

Wa

Ward and Smith, P.A.

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Retirement, Superannuation & Pensions

DOL Reinstates Historic “Five-Part” Fiduciary Test

On March 17, 2026, the U.S. Department of Labor (DOL) adopted a Final Rule defining who is a fiduciary under the Employee Retirement Income Security Act of 1974...

United States Employment

AP

Arnold & Porter

UK Pensions: What's New This Week? March 23, 2026

Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions.

United States Employment

AO

A&O Shearman

The NY Secure Choice Registration Deadlines Are Fast Approaching

To expand access to retirement savings, New York now requires certain private-sector employers that do not sponsor a retirement plan to either...

United States Employment

JL

Jackson Lewis P.C.

Fifth Circuit Considers Arbitration Clause In ERISA Claim

United States Litigation

HB

Hall Benefits Law

Cryptocurrency And Other Digital Asset Investments In ERISA Plans

United States Technology

KR

Kutak Rock LLP

IRS Issues Notice To Assist In Calculating The Qualifying Payment Amount For 2026

United States Employment

HB

Hall Benefits Law

Policy Week In Review – March 13, 2026

United States Employment

LM

Littler Mendelson

Managing Forfeiture Accounts In ERISA Plans

United States Employment

MG

MGO CPA LLP

Proskauer Benefits Brief: Withdrawal Liability “Cheat Codes”: Section 4204 (Podcast)

United States Employment

PR

Proskauer Rose LLP

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Unfair/ Wrongful Dismissal

Asia: Fixed Term Employment Contracts

Fixed term employment contracts are widely used across Asia, but the legal treatment of such arrangements differs significantly between jurisdictions. These differences can create compliance and workforce planning challenges for multinational employers...

Worldwide Employment

KL

Herbert Smith Freehills Kramer LLP

Employee Claims Discrimination After Netflix Termination Based On Vaccination Status

A former Netflix production executive has filed suit against the media company, claiming that her termination was retaliation for complaining about religious...

United States Employment

HB

Hall Benefits Law

Employee Position Eliminations And Reductions In Force: Best Practices

When an employer determines a reorganization is necessary, establishing and documenting the legitimate business reasons supporting the decision is critical.

United States Employment

ABA Business Law Section

California Supreme Court Warns That Confidentiality Agreements May Undermine Arbitration Agreements

United States Employment

SM

Sheppard, Mullin, Richter & Hampton LLP

Narrow Carve-out From Employment Safe Harbor: Sign-on Bonuses For Family-member Attendants

United States Employment

SR

McDermott Will & Schulte

Latest Updates On The UK Employment Rights Act 2025: Revised Implementation Timeline And New Consultations

United States Employment

LM

Littler Mendelson

New Jersey Appellate Division Clarifies Scope Of Ending Forced Arbitration Of Sexual Assault And Harassment Act

United States Employment

BI

Buchanan Ingersoll & Rooney PC

Top Five Labor Law Developments Of 2025

United States Employment

JL

Jackson Lewis P.C.

Silence Is Golden: Case Dismissal Affirmed Under Five-year Rule Because Defendants Need Not Object To An Untimely Trial Date

United States Employment

SS

Seyfarth Shaw LLP

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Latest Videos

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A Flurry Of Changes For Plan Sponsors, Prescription Drug Plans And Health Plan Vendors (Video)

RB

Reinhart Boerner Van Deuren s.c.

We Are Expanding Operations Into Brazil. What Do We Need To Know About Their Complex Labor Systems? (Video)

LM

Littler Mendelson

Remote Work As A Reasonable Accommodation Under The ADA, PWFA And NYSHRL (Viceo)

BS

Bond, Schoeneck & King PLLC

Cari's Legal Exchange: Navigating Evolving ICE Enforcement (Video)

WS

Winston & Strawn LLP

Commission Basics: Key Considerations For Commission Plans (Podcast)

LS

Lowenstein Sandler

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