North America: Employment and HR

Hiring temporary foreign workers can help address labour shortages and support business growth, but it also comes with important and ongoing employer compliance obligations.

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.

Alessandra Moore and Brianna Ferrante, associates at Lowenstein Sandler who started as summer associates together, share their experiences in litigation and corporate practice to help students determine if law school aligns with their career goals. They discuss the day-to-day realities of different practice areas, debunk common misconceptions about legal careers, and provide guidance on developing essential skills while exploring various paths in the legal profession.

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.

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?

A Washington Court of Appeals has ruled that an employee's not-yet-conceived child may pursue a negligence claim against the employer for birth defects allegedly caused by workplace chemical exposure before conception. The decision addresses whether employers owe a duty of care to future children and whether workers' compensation exclusivity bars such claims, with significant implications pending potential Supreme Court review.

When cybersecurity threats originate from within an organization, employers face unique challenges in conducting investigations while balancing legal obligations, employee privacy, and operational security. This discussion explores the warning signs of insider threats, the coordination required between legal, HR, IT, and forensic teams, and the critical post-investigation considerations including disciplinary actions and compensation structures that can help prevent future incidents.

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