North America: Employment and HR

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.

The Ontario Court of Appeal has ruled that contractual labels cannot override the true nature of working relationships, even when workers choose independent contractor status for tax benefits. This decision examines how shareholding in a company intersects with employment status and whether foreign forum selection clauses can prevent Ontario workers from accessing provincial employment protections.

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.

California's amended stay-or-pay ban introduces critical exemptions for financial services recruiting payments, retention bonuses, and PTO advances while maintaining its core prohibition on employment contracts that penalize workers for leaving. Employers now have until January 2027 to restructure their compensation arrangements under the new framework, but must carefully navigate strict procedural requirements to avoid significant per-worker penalties.

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).

A federal appeals court has ruled that grocery workers who arrive on time but must wait outside locked stores for managers may be entitled to compensation for that waiting time. The decision examines when pre-shift waiting becomes compensable work under the Fair Labor Standards Act, challenging traditional boundaries between preliminary activities and principal work duties.

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.

California's amended stay-or-pay ban introduces critical exemptions for financial services recruiting payments, retention bonuses, and PTO advances while maintaining its core prohibition on employment contracts that penalize workers for leaving. Employers now have until January 2027 to restructure their compensation arrangements under the new framework, but must carefully navigate strict procedural requirements to avoid significant per-worker penalties.

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.

The Allegheny County Board of Health has unanimously approved a revised paid parental leave bill that would provide 12 weeks of paid leave to eligible employees. The proposal, which underwent significant modifications from its original 18-week version, now moves to the Allegheny County Council for final consideration and potential approval.