North America: Employment and HR

Former American Express employees have filed a class action lawsuit alleging the company maintained underperforming investment funds in its $9 billion 401(k) plan, including proprietary target-date funds that served as default options. The plaintiffs claim these investment decisions breached fiduciary duties under ERISA and cost participants hundreds of millions in potential retirement savings, while potentially benefiting Amex's business relationship with Morgan Stanley Investment Management.

A federal district court judge has denied a motion to dismiss a proposed class action suit against The Cigna Group over mishandling of its 401(k) plan, which holds about $13 billion in assets for about 93,000...

The U.S. Department of Labor's Employee Benefits Security Administration has issued a proposed electronic disclosure rule that would modernize how ERISA-governed group health plans deliver required documents to participants.

As companies like Cisco, Amazon, and Meta announce layoffs while simultaneously reporting record profits, a troubling pattern emerges: are these workforce reductions truly driven by AI automation, or is something else at play? This analysis examines the phenomenon of "AI-washing" and explores whether artificial intelligence is genuinely replacing workers or simply serving as a convenient justification for cost-cutting measures that free up capital for future technology investments.

Welcome to our July update, where we highlight some of the latest developments in employment law. In this edition, we consider two recent cases. We also summarise recent and forthcoming changes in employment legislation...

On July 13, 2026, 26 current and former Meta employees sued the company in federal court in Oakland, California, alleging that Meta used artificial intelligence (AI) systems to select them for layoff in a manner...

As employers continue to refine their post-pandemic workplace strategies and the frequency of remote work requests is increasing, one question remains front and centre: when does an employee have a right to work remotely as an accommodation?

Many Saskatchewan organizations have now completed and published their first accessibility plans under The Accessible Saskatchewan Act. In our previous Insight, we reviewed the planning requirements imposed by the legislation and the steps organizations needed to take to develop and publish accessibility plans.

The modern workforce has transformed dramatically, with individuals building client bases and working across state lines through digital platforms. Yet the employment laws governing these arrangements often date back to the 1930s, creating complex legal challenges when contemporary business models collide with outdated regulatory frameworks. This discussion examines the critical questions surrounding independent contractors, joint employment, gig work, and workforce design in today's evolving labor landscap

Between July 2011 and June 2014, California-based Perfectus Aluminum Inc., Perfectus Aluminum Acquisitions LLC, and four affiliated warehousing companies imported more than 2.2 million aluminum extrusions from China.

In this partner spotlight, John McKnight, Partner and Whistleblower & Qui Tam Practice Group Co-Chair at Sanford Heisler Sharp McKnight, sits down with firm Chairman David Sanford to trace his journey...

When an employee files a whistleblower complaint, employers face critical decisions that can determine whether an internal matter escalates into costly litigation. Understanding the scope of legal protections, avoiding retaliation pitfalls, and conducting proper investigations are essential to protecting both the organization and its legal position.