North America: Employment and HR

An MA organization and its subsidiaries that offer EGWPs proposed a savings-sharing arrangement with the employer groups, trusts, and unions (each a Group) to which it provides coverage.

The SECURE 2.0 Act introduces significant compliance requirements and plan design opportunities for 2026, with mandatory Roth-only catch-up contributions for higher earners and expanded eligibility for part-time employees. Plan sponsors face critical year-end amendment deadlines and must make strategic decisions about optional features that will shape their retirement plans' future.

The PBM regulatory landscape is evolving rapidly at both the federal and state levels, making it critical for our clients involved in the PBM space to stay apprised of developments in the industry as they happen. Our team actively monitors these to provide you with this quarterly PBM Policy and Legislative Update. This update builds on prior issues and highlights federal and state activity from October 2025 to mid-February 2026.

The U.S. Supreme Court's refusal to review Bivens v. Zep has created a jurisdictional divide in how employers can be held liable under Title VII for third-party harassment of their employees.

Employers are entering a new era of enforcement—one in which compliance is no longer judged by policy, but by proof.

The Federal Acquisition Regulatory Council has issued new guidance requiring federal contractors to certify they will not engage in racially discriminatory diversity, equity, and inclusion activities. This implementation of Executive Order 14398 introduces significant compliance obligations and potential legal risks for government contractors, including reporting requirements and the possibility of contract termination for non-compliance.

FinCEN’s March 30, 2026, Notice of Proposed Rulemaking (NPRM) marks a major step toward fully operationalizing the agency’s whistleblower program, designed to incentivize reporting of Bank Secrecy Act (BSA), sanctions, IEEPA, and other illicit finance violations.

On April 1, 2026, the Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (“NPRM”) to establish a formal whistleblower program under the Bank Secrecy Act (“BSA”). While much of the discussion has focused on what the proposed rule will do, the more fundamental question is why such a rule became necessary.

A recent Ninth Circuit decision highlights how private whistleblowers can drive significant False Claims Act litigation and settlements even when the federal government declines to intervene or actively seeks dismissal. The case examines the boundaries of attorney fee enhancements in FCA cases, particularly when counsel achieves unprecedented results without government support.

Oracle's lawsuit against a former employee reveals the extensive customer data Oracle collects and uses to drive sales strategy. The case exposes how Oracle tracks deployment details, pricing, contract terms, and usage patterns to maintain informational advantage in negotiations. Companies running Oracle software should understand the implications of this data collection and take steps to level the playing field.

El cumplimiento migratorio se ha vuelto mucho más complejo con el trabajo remoto – y esto se debe a los arreglos laborales globales e híbridos que nos están obligando a replantear dónde y cómo realizamos nuestro trabajo.

Uzaktan ve hibrit çalışma modelleri, H-1B, L-1 ve O-1 vizesi sahipleri için göçmenlik uyumunu karmaşık hale getiriyor. Çalışma lokasyonu değişiklikleri, LCA gereklilikleri ve ücret düzenlemeleri konusunda...