Employment Law and Labour Law

The widespread adoption of remote work has disrupted longstanding assumptions regarding which state’s employment laws govern a particular worker.

Last week, the U.S. Court of Appeals for the Second Circuit refused to enforce the National Labor Relations Board’s (NLRB) restrictive view of employer dress code policies, as premised on the Board’s erroneous legal foundation for assessing such policies.

The National Labor Relations Board's composition has shifted with James R. Macy's confirmation, creating a Republican majority that could reshape labor law precedent. In its first major decision following this transition, the Board addressed the enforceability of arbitration confidentiality provisions in Ralphs Grocery Co., upholding certain confidentiality requirements while striking down others. What does this mean for employers navigating arbitration agreements and NLRB compliance?

The Labor Department faces a regulatory dilemma as it moves to restrict ESG considerations in 401(k) plans while simultaneously seeking to expand access to private-market investments. This tension creates uncertainty for plan sponsors who must navigate conflicting policy objectives, particularly as many private investment strategies inherently incorporate both financial returns and social or environmental goals.

Twenty-two multiemployer pension plans (MEPPs), representing more than 25,000 participants, have filed suit against the Pension Benefit Guaranty Corporation (PBGC) in the United States District Court for the District of Columbia, alleging that the agency improperly denied them access to billions of dollars in emergency retirement funding.

No retroactive refund required. FAQ Part 74 confirms that employers are not required to provide retroactive rewards or remove tobacco surcharges for the period before a participant completes...

California employers face new requirements for workplace violence prevention plans as the state's Occupational Safety and Health Standards Board prepares to finalize a comprehensive standard. The revised draft addresses hazard assessments, reporting procedures, emergency response protocols, and employee training, with several key modifications from earlier versions. What specific changes have been made to the standard, and how should employers prepare for compliance?

A family’s ordinary afternoon was shattered when an unknown number added multiple relatives, including a teenager, to a group chat and shared what appeared to be AI-generated explicit images of a family member...

No retroactive refund required. FAQ Part 74 confirms that employers are not required to provide retroactive rewards or remove tobacco surcharges for the period before a participant completes...

The widespread adoption of remote work has disrupted longstanding assumptions regarding which state’s employment laws govern a particular worker.

When employees organize workplace protests about external political issues, can employers lawfully terminate them for policy violations? A recent NLRB Advice Memorandum examines whether Microsoft's discharge of two employees who protested the Gaza war on campus was protected under the National Labor Relations Act, offering critical guidance on when activism loses legal protection due to insufficient connection to workplace concerns.

A New Jersey employer faces a lawsuit after an AI transcription tool allegedly captured supervisors discussing their preference for a "strapping young man" to replace a terminated female employee. The case raises critical questions about the admissibility of AI-generated evidence in court and highlights the risks employers face when using virtual meeting platforms with automated transcription features.