Employment Law and Labour Law

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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.
Article
OFCCP's New Section 503 Final Rule: What The End Of Disability Self-Identification Means For Federal Contractors
The U.S. Department of Labor's OFCCP has published a final rule that fundamentally transforms federal contractors' disability-related affirmative action obligations under Section 503 of the Rehabilitation Act. This rule eliminates the longstanding self-identification requirements, rescinds Form CC-305, and removes the 7% utilization goal that has been central to compliance programs since 2013. Federal contractors must now navigate a new compliance landscape while maintaining their affirmative action and non
United States Employment
JL
Jackson Lewis P.C.
Article
DOL Offers Guidance On Employee-Volunteers At Nonprofits
The U.S. Department of Labor's Wage and Hour Division has issued guidance clarifying when employees of nonprofit organizations can volunteer for their employer without triggering compensation requirements under the Fair Labor Standards Act. The opinion letter examines the critical distinction between volunteer activities and compensable work, focusing on whether volunteer duties are the same as or similar to an employee's regular job responsibilities.
United States Employment
L-
Littler - Canada
Article
How Employers Are Enforcing Non-Compete And Confidentiality Agreements
A comprehensive analysis of employee mobility trends reveals that 92% of employers experienced departures to competitors in the past year, with more than half reporting restrictive covenant or confidential information violations. The data explores how organizations are responding to these challenges, from cease-and-desist letters to full litigation, and what proactive measures can help prevent costly team lift-outs.
United States Employment
L-
Littler - Canada
Article
NLRB Eases Path To Discipline Employees For Offensive Workplace Conduct Tied To Section 7 Activity
The National Labor Relations Board has confirmed that the Wright Line standard remains the governing framework for evaluating employee discipline related to offensive conduct during protected Section 7 activity. This decision resolves a multi-year legal dispute between the Board and the Fifth Circuit Court of Appeals over which standard employers must apply when navigating these complex workplace situations.
United States Employment
BS
Ballard Spahr LLP
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Highlighted Content

Retirement, Superannuation & Pensions

Article
No Check, Please! New IRS Rollover Guidance For Retirement Plans Signals Changes May Be Coming
The IRS has proposed new standardized procedures and sample forms to streamline direct rollovers between retirement plans, addressing longstanding inefficiencies that have burdened participants with administrative complexities. While adoption remains optional for now, plan sponsors should evaluate how these changes might impact their current rollover processes and consider engaging with recordkeepers about potential implementation.
United States Employment
FL
Foley & Lardner
Article
Robbie Mashburn Discusses 401(k) Investment Rules In The Wall Street Journal
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.
United States Employment
LL
Liskow & Lewis
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Redundancy/Layoff

Article
AI In Workforce Decisions: Privilege Strategies And Policy Guardrails Every Employer Needs
A recent California lawsuit alleges that AI-based employee selection tools discriminated against workers on protected leave and those with disabilities during a reduction in force. The case highlights critical legal risks for employers deploying AI in high-stakes employment decisions, particularly around how AI systems handle productivity metrics for employees who are absent or working under accommodations.
United States Employment
BS
Ballard Spahr LLP
Article
When The Layoffs Come: What North Carolina Employers Need To Know About The WARN Act
When workforce reductions happen in multiple waves across related corporate entities, how does federal law treat them in the aggregate? The recent Ubisoft layoffs at Red Storm Entertainment in North Carolina illustrate critical compliance questions under the Worker Adjustment and Retraining Notification Act that every employer must understand before implementing workforce changes.
United States Employment
Wa
Ward and Smith, P.A.
Article
A Possible Shift In The WARN Winds? What Employers Need To Know After Dargon
A federal district court ruling in Tennessee has determined that fully remote employees do not establish a "single site of employment" under the federal WARN Act, creating uncertainty for employers navigating workforce reductions in an increasingly remote-first business environment. With lower courts divided on this issue and no appellate guidance yet available, the legal landscape for WARN Act compliance in distributed workforces remains unsettled and fact-dependent.
United States Employment
SR
McDermott Will & Schulte
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Whistleblowing

Article
How SEC Whistleblower Awards Work And Who Can Qualify
The SEC whistleblower program offers individuals a confidential pathway to report securities law violations while protecting their identity and employment. Understanding what qualifies as original information, how to properly submit a tip, and the legal protections available can determine whether a whistleblower receives substantial monetary awards ranging from 10% to 30% of sanctions collected.
United States Commercial
MS
Miller Shah
Article
Increased Anonymous Reporting Is A Signal Compliance Leaders Cannot Ignore
Against a backdrop of job insecurity and fear of retaliation, anonymous whistleblower reporting has surged to alarming levels, reversing years of progress toward named reporting. This troubling trend signals deeper issues in workplace culture that compliance professionals must address urgently. What concrete measures can organizations implement to rebuild trust and encourage employees to report misconduct without hiding behind anonymity?
Global Commercial
L-
Littler - Canada
Article
DOJ's $2 Million Honeywell Settlement Under The Civil Cyber-Fraud Initiative: What Compliance Failures Mean For Defense Contractors
The Department of Justice secured a $2 million settlement with Honeywell Aerospace for allegedly failing to comply with NIST SP 800-171 cybersecurity requirements under a Department of War contract. This case demonstrates how cybersecurity compliance failures can trigger False Claims Act liability even without an actual data breach or cyberattack, and highlights the growing role of whistleblowers in exposing contractors' gaps between contractual obligations and actual security practices.
United States Government
BB
Bass, Berry & Sims
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Discrimination, Disability & Sexual Harassment

Article
OFCCP's New Section 503 Final Rule: What The End Of Disability Self-Identification Means For Federal Contractors
The U.S. Department of Labor's OFCCP has published a final rule that fundamentally transforms federal contractors' disability-related affirmative action obligations under Section 503 of the Rehabilitation Act. This rule eliminates the longstanding self-identification requirements, rescinds Form CC-305, and removes the 7% utilization goal that has been central to compliance programs since 2013. Federal contractors must now navigate a new compliance landscape while maintaining their affirmative action and non
United States Employment
JL
Jackson Lewis P.C.
Article
Practical Steps: Nurturing A Healthy AI-compliance Relationship
As artificial intelligence tools become increasingly prevalent in U.S. employment decisions, organizations face mounting pressure to prevent algorithmic discrimination. This analysis examines six critical compliance strategies that employers must implement to manage AI-related risks across recruiting, performance assessment, and termination processes while navigating an evolving regulatory landscape.
United States Employment
GGI Global Alliance
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United States Employment
L-
Littler - Canada
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