United States: Employment and HR

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.

California's new Senate Bill 1316 creates a potentially case-dispositive evidentiary consequence for public works contractors beginning January 2027: failure to timely produce payroll, time, and employment records in response to labor commissioner requests may bar contractors from using those records to defend against civil wage and penalty assessments. The statute effectively transforms the investigation stage into a critical phase of hearing preparation, where a contractor's initial response to records re

California has delayed its restrictions on employment repayment agreements until 2027, giving employers more time to adapt while expanding exceptions for retention bonuses and certain financial services payments. What changes should employers anticipate, and how can they restructure their stay-or-pay provisions to comply with the modified framework?

Those of us who have been following the Lion Elastomers saga know it has been a long road. We previously covered the Board’s 2023 decision in Lion Elastomers II, and when the Fifth Circuit vacated that decision in 2024...

A federal court rejected a challenge to Executive Order (EO) 14398, “Addressing DEI Discrimination by Federal Contractors.” The court concluded the EO’s prohibition targets only unlawful intentional discrimination and applies to work performed under a specific contract containing the required clause.

California’s Fair Employment and Housing Act (the “FEHA”) proscribes various forms of employment discrimination, including discrimination based on religious beliefs. Among other things, the FEHA requires employers to provide a reasonable accommodation when an employee’s religious belief conflicts with their job requirements. On October 7, 2026, in Smith v. Burbank Unified School District, a three-judge panel of the California Court of Appeal held that an unpaid leave of absence can be a reasonable accommodation for employees whose religious beliefs prevent them from complying with a mandatory vaccination requirement.

Explore the latest updates in employee benefits law, including innovations in retirement services, mental health parity guidance, ICHRA regulations, ESOP valuation legislation, and Medicare Part D pharmacy contracting standards. Stay informed on critical developments affecting healthcare compliance, paid family leave, and marketplace enrollment protections.

For owners of closely held businesses, an employee stock ownership plan, or ESOP, can be an attractive way to transition ownership while allowing employees to participate in future growth. But one issue has long made ESOP transactions more difficult and expensive: uncertainty over how the Department of Labor, or DOL, and courts will evaluate the price paid for privately held employer stock.

In a significant en banc decision, Bolton v. Inland Fresh Seafood Corporation of America, Inc., No. 24-10084, the United States Court of Appeals for the Eleventh Circuit overruled its four-decade-old precedent in Mason v. Continental Group, Inc., 763 F.2d 1219 (11th Cir. 1985), and found that ERISA does not require plaintiffs to exhaust administrative remedies before bringing statutory claims—including claims for breach of fiduciary duty.

The NLRB's Division of Advice recently cleared an employer of unfair labor practice charges after firing two employees who organized a political protest on company property. The decision hinges on whether the protest constituted protected concerted activity under the NLRA, with the agency finding the connection to workplace concerns too attenuated. In a significant footnote, General Counsel Crystal Carey signaled her intent to overturn recent precedent that protected activity with "an objective" the NLRA pr

Deere & Co. faces a legal challenge from former employees who claim the company's severance program falls under ERISA regulations, while the agricultural equipment manufacturer argues that its one-time lump-sum payment structure exempts it from federal oversight. The case hinges on whether a simple calculation-based severance payment constitutes an employee benefit plan requiring ongoing administration, with potential implications for how companies structure their separation agreements.

Drawing an unexpected parallel between Taylor Swift's sourdough baking journey and workplace performance management, this article explores how the methodical process of creating the perfect loaf mirrors the essential steps employers should follow when implementing employee performance improvement plans. From proper preparation and regular check-ins to allowing adequate time for growth, discover why rushing either process leads to disappointing results.