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
Mental Health Parity Bulletin Restates Best Practices For Evaluating Compliance
On September 8, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued “Field Assistance Bulletin No. 2026-03” to clarify compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) and nonquantitative treatment limitations (NQTL). Under the 2013 final rule implementing MHPAEA, health plans and issuers must use comparable processes, strategies, evidentiary standards, or other factors when applying NQTLs and they cannot apply such methods more stringently to benefits for mental health and substance use disorder (MH/SUD) compared to benefits for general medical and surgical care. While the bulletin doesn’t break much new ground on compliance, it does reaffirm existing enforcement priorities and expectations.
United States Employment
CM
Crowell & Moring LLP
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Unfair/ Wrongful Dismissal

Article
Legislation Limits AI Use In California Workplace Decisions
California lawmakers have advanced legislation that would prohibit employers from using automated systems as the sole basis for terminating or disciplining workers. The bill, which awaits the governor's signature, represents one of the most comprehensive state-level attempts to regulate AI in workforce management, requiring human oversight of algorithmic decisions and mandating transparency about which digital tools influence employment outcomes.
United States Employment
BT
Barnes & Thornburg LLP
Article
New York Employers May Soon Face New Separation Agreement Procedural Requirements
New York State Legislature has passed a bill that would require employers to provide employees with a minimum 21-day review period and 7-day revocation window for separation agreements involving the release of claims. The proposed "No Severance Ultimatums Act" extends procedural protections similar to those under federal age discrimination law to all covered severance agreements, regardless of employee age, and awaits Governor Hochul's signature.
United States Employment
PR
Proskauer Rose LLP
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Discrimination, Disability & Sexual Harassment

Article
Labels Are Not Enough: Why Calling It ‘Sexual Harassment’ May Not Be Enough To Defeat Arbitration
A California federal court ruled that plaintiffs cannot avoid arbitration simply by labeling their claims as "sexual harassment." The decision requires plaintiffs to plausibly allege conduct that actually constitutes sexual harassment under governing law before the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies. This ruling establishes important limits on attempts to circumvent arbitration agreements through strategic claim labeling.
United States Litigation
GT
Greenberg Traurig, LLP
Article
OFCCP Final Rule Eliminates Additional Affirmative Action Compliance Requirements For Federal Contractors And Subcontractors
On August 21, 2026, the U.S. Department of Labor’s (DOL) Office of the Federal Contract Compliance Programs (OFCCP) published a Final Rule on Section 503 of the Rehabilitation Act. The Final Rule goes into effect on September 21 and eliminates several established disability-related requirements instrumental to federal contractors and subcontractors’ compliance programs.
United States Employment
RB
Reinhart Boerner Van Deuren s.c.
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Employment Litigation/ Tribunals

Article
Court Grants Conditional Certification Of Mortgage Underwriter’s Collective Action
A federal court in Georgia granted conditional certification of an FLSA collective action involving mortgage underwriters who alleged they were misclassified as exempt employees and denied overtime pay. The decision underscores the lenient evidentiary standard applied at the conditional certification stage and highlights the risks employers face when classifying employees under the FLSA's administrative exemption without demonstrating meaningful discretion in job duties.
United States Employment
DM
Duane Morris LLP
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Health & Safety

Article
Mental Health Parity Bulletin Restates Best Practices For Evaluating Compliance
On September 8, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued “Field Assistance Bulletin No. 2026-03” to clarify compliance with the Mental Health Parity and Addiction Equity Act (MHPAEA) and nonquantitative treatment limitations (NQTL). Under the 2013 final rule implementing MHPAEA, health plans and issuers must use comparable processes, strategies, evidentiary standards, or other factors when applying NQTLs and they cannot apply such methods more stringently to benefits for mental health and substance use disorder (MH/SUD) compared to benefits for general medical and surgical care. While the bulletin doesn’t break much new ground on compliance, it does reaffirm existing enforcement priorities and expectations.
United States Employment
CM
Crowell & Moring LLP
Article
EPA Draft TSCA Risk Evaluation Of Ethylene Dibromide Identifies Significant Contributions To Unreasonable Risk To Workers And Occupational Non-Users
The EPA has released its draft risk evaluation for ethylene dibromide under TSCA, identifying unreasonable risks to workers and occupational non-users from inhalation and dermal exposure across ten conditions of use. With a February 2027 court-ordered deadline looming, EPA must navigate public comments, peer review, and finalize the evaluation while broader questions remain about the agency's approach to assessing worker risks and coordinating with OSHA on risk management.
United States Environment
BC
Bergeson & Campbell
Article
CAL/OSHA Further Revises Draft Standard on Workplace Violence Prevention Plan
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?
United States Employment
BT
Barnes & Thornburg LLP
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