Employment Law and Labour Law

Memorial Hermann Health System, a Texas nonprofit hospital system, has settled a suit under the Employee Retirement Income Security Act (ERISA) relating to 401(k) plan fees and fund choices.

As the SECURE 2.0 Act deadline for mandatory catch-up contributions for some plan participants looms, many retirement plan sponsors are beginning to amend their plan documents to meet its requirements.

Employers face strategic decisions about whether to adopt Trump Account Contribution Programs (TACPs) following new DOL guidance clarifying their ERISA status. This analysis examines how TACPs compare against existing family-friendly benefits like dependent care FSAs, 529 plans, HSAs, and student loan assistance, providing a framework for total rewards committees to evaluate demographic fit, competitive positioning, and budget trade-offs.

After years of litigating business disputes, a seasoned attorney identifies the recurring mistakes that transform everyday business decisions into costly lawsuits. From undocumented partnerships and misclassified workers to commingled funds and damaging text messages, these common missteps share one fatal flaw: the assumption that good intentions matter more than documented conduct.

Employers face mounting challenges as they navigate complex leave and accommodation requests alongside persistent expectations for flexible work arrangements that emerged during the pandemic.

At Sheppard, we regularly advise employers on the most consequential decisions they face—including the decision to terminate a senior executive for cause.

Family offices are grappling with mounting operational complexity, talent shortages, and succession challenges that strain traditional in-house models. As wealth structures expand across investments, entities, and philanthropic activities, many families are reconsidering whether every function should remain internal or if outsourced support could provide stronger continuity, specialized expertise, and improved coordination.

The modern workforce has transformed dramatically, with individuals building client bases and working across state lines through digital platforms. Yet the employment laws governing these arrangements often date back to the 1930s, creating complex legal challenges when contemporary business models collide with outdated regulatory frameworks. This discussion examines the critical questions surrounding independent contractors, joint employment, gig work, and workforce design in today's evolving labor landscap

Generative AI is fundamentally reshaping the economics that drove decades of outsourcing growth, automating routine tasks that companies previously sent offshore for cost savings. As AI capabilities expand, organizations face critical decisions about which work to keep in-house, what to automate, and how to restructure their relationships with outsourcing partners.

As cannabis use surges across America and state laws evolve, employers face critical decisions about workplace drug policies. With traditional zero-tolerance approaches becoming legally problematic and cannabis remaining detectable long after impairment fades, companies must navigate complex employment protections while maintaining workplace safety.

What should an employer do when an employee needs a reasonable accommodation for a disability?

Employers face mounting challenges as they navigate complex leave and accommodation requests alongside persistent expectations for flexible work arrangements that emerged during the pandemic.