United States: Employee Benefits & Compensation

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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
California: Stay-or-Pay Agreements, Automated Decisions, Family Leave And Other Employment Law Changes For 2027 + Beyond
California's 2026 legislative session introduced sweeping workplace regulations targeting AI-powered decision systems, employee surveillance technologies, and stay-or-pay agreements. With most provisions taking effect in 2027 and automated decision requirements delayed until mid-2028, employers face critical compliance deadlines for updating policies on workforce monitoring, arbitration, leave administration, and harassment prevention training.
United States Employment
JL
Jackson Lewis P.C.
Article
Ready to Respond: What Employers Should Know About OSHA’s New Opioid Guidance
On 24 September 2026, the US Department of Labor’s (Department) Occupational Safety and Health Administration (OSHA) issued a new fact sheet, “Opioid Overdose Rescue with Reversal Medications” (Fact Sheet),1 addressing how employers and workers can prepare for and respond to opioid overdoses in the workplace. Although the Fact Sheet is informational and does not impose new compliance requirements, it provides employers with a timely framework for evaluating workplace overdose preparedness.
United States Employment
KG
K&L Gates LLP
Article
No More Counting Zeros: IRS Proposed Rules Make Dependent Care FSA Testing Easier And May Open The Door To The $7,500 Limit
Proposed IRS regulations would significantly simplify dependent care assistance program (DCAP) nondiscrimination testing by excluding employees who receive no benefits from the 55% average benefits test. This participant-only approach should reduce testing failures and the need for employers to cap highly compensated employees’ elections.
United States Employment
FL
Foley & Lardner
Article
Second Circuit Revives Shelved Grocery Workers’ Waiting Time Suit
The Second Circuit Court of Appeals has ruled that grocery workers required to report early but unable to clock in may be entitled to compensation for their waiting time. This decision narrows the Portal-to-Portal Act defense and establishes that when employers mandate specific arrival times with no work available through no fault of the employee, that waiting period constitutes compensable work time under the Fair Labor Standards Act.
United States Employment
DM
Duane Morris LLP
Article
Federal Court Grants Partial Dismissal Of Claims In Penn State Health Retirement Fund Case
A Pennsylvania federal district court judge granted in part and denied in part a motion to dismiss a proposed class action alleging Penn State Health mismanaged its defined-contribution retirement plans. The judge also ordered discovery into claims that the poorly performing investment options breached fiduciary duties under the Employee Retirement Income Security Act (ERISA).
United States Employment
HB
Hall Benefits Law
Article
New York Construction Employers Face New Reporting And Cancellation Pay Requirements Beginning December 8, 2026
Effective December 8, 2026, pursuant to the New York Construction Reporting Pay Act, employers in the New York State construction industry will be subjected to new reporting requirements and will be required to pay both union and non-union workers for certain last-minute schedule changes, even when the disruption is caused by weather, failed inspections, material shortages, site-access restrictions, or delays attributable to owners, general contractors, or other trades.
United States Employment
LB
Lewis Brisbois Bisgaard & Smith LLP
Article
John Deere Moves To Dismiss Severance Program Dispute As Not Governed By ERISA
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.
United States Employment
HB
Hall Benefits Law
Article
Business And Benefits Groups File 4th Circuit Amicus Brief Against 401(k) Forfeiture Suit
A coalition of business and benefits groups has filed an amicus brief with the Fourth Circuit Court of Appeals, urging the court to uphold the dismissal of a lawsuit challenging Northrop Grumman's use of forfeited 401(k) funds. The case centers on whether employers can legally use these forfeitures to offset their own plan contributions rather than reduce participant administrative fees, a practice the groups argue has long been sanctioned by federal regulations.
United States Employment
HB
Hall Benefits Law
Article
DOL Pulls The Plug On Plan To Move FLSA Interpretations Out Of The CFR
The U.S. Department of Labor's Wage and Hour Division has withdrawn its controversial proposal to remove nine parts of longstanding Fair Labor Standards Act interpretive guidance from the Code of Federal Regulations. What does this reversal mean for employers who have relied on these decades-old interpretations, and how does the Supreme Court's Loper Bright decision reshape the legal weight of agency guidance going forward?
United States Employment
PR
Proskauer Rose LLP
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