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
NLRB General Counsel Issues Memorandum Asking Board To Overturn Biden-Era Precedent
The National Labor Relations Board's General Counsel has issued a sweeping memorandum calling for the reversal of numerous Biden-era labor decisions, signaling a dramatic shift in federal labor policy. With a newly confirmed Republican majority, the Board is poised to reconsider landmark rulings on severance agreements, captive audience meetings, workplace rules, and union organizing protections. How will these potential changes reshape the landscape of employer-employee relations and collective bargaining
United States Employment
B
Benesch Friedlander Coplan & Aronoff LLP
Article
Are Staffing Agencies Misclassifying Healthcare Workers?
Worker misclassification is a growing issue facing healthcare professionals. In 2022, the U.S. Department of Labor’s Wage and Hour Division identified violations, including instances of worker misclassification, in 80 percent of its reviews of residential care, nursing facilities, home health services, and other health-sector institutions. Individuals such as travel nurses, per diem aides, and allied health professionals are among the most at-risk of being misclassified as independent contractors, which may have direct, adverse implications on affected workers.
United States Employment
MS
Miller Shah
Article
Colorado Employers: Are You Complying With New Legal Requirements Restricting Retention Of Employee Identification Documents?
Colorado employers must now navigate new restrictions on handling government-issued identification documents during the hiring process. House Bill 26-1283 introduces strict time limits on retaining original IDs and mandates written notices to employees about their rights, fundamentally changing how businesses verify employment eligibility while completing Form I-9.
United States Employment
FL
Fennemore
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Article
The State Of The World’s Whistleblower Laws, Protections, And Rewards
Whistleblower protection has evolved significantly since the UN Convention Against Corruption in 2003, yet the scope of protections and rewards varies dramatically across jurisdictions. From the robust reward systems in the United States and South Korea to the EU's protection-focused directive and emerging programs in Ghana, countries have taken vastly different approaches to encouraging and safeguarding those who expose wrongdoing.
United States Criminal
MS
Miller Shah
Article
What Sloan v. Cape Regional Medical Center Teaches Employers About Defeating Vague CEPA Whistleblower Complaints
New Jersey's Conscientious Employee Protection Act (CEPA) is one of the broadest whistleblower statutes in the country, but employers have tools to defend against claims that fail to meet specific legal requirements. The Appellate Division's recent decision in Sloan v. Cape Regional Medical Center illustrates how CEPA's identification requirement operates in practice, demonstrating when plaintiffs must cite specific legal authorities and what happens when they cannot.
United States Employment
JL
Jackson Lewis P.C.
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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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Article
Are Staffing Agencies Misclassifying Healthcare Workers?
Worker misclassification is a growing issue facing healthcare professionals. In 2022, the U.S. Department of Labor’s Wage and Hour Division identified violations, including instances of worker misclassification, in 80 percent of its reviews of residential care, nursing facilities, home health services, and other health-sector institutions. Individuals such as travel nurses, per diem aides, and allied health professionals are among the most at-risk of being misclassified as independent contractors, which may have direct, adverse implications on affected workers.
United States Employment
MS
Miller Shah
Article
DOL Proposes New Electronic Delivery Safe Harbor For Group Health Plan Disclosures
The US Department of Labor has proposed a new optional electronic disclosure safe harbor for ERISA-covered group health plans that would permit plan administrators to furnish required health plan disclosures through a notice-and-access framework. This development offers employers a potential pathway to broader electronic delivery of health plan communications, particularly for populations difficult to reach under existing electronic disclosure rules, though it introduces additional complexity by creating se
United States Employment
SR
McDermott Will & Schulte
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