United States: Employment and HR

In 2025, Governor Newsom signed Assembly Bill (AB) 692, which made it unlawful to include in any employment contract or requirement that a worker execute, as a condition of employment, a contract that includes terms that require the worker to pay an employer, training provider, or debt collector for a debt if the worker’s employment or work relationship with a specific employer terminates, unless it fell under one of five exceptions.

New York employers will soon face new obligations regarding employee personnel records, including mandatory access provisions and notification requirements for negative information. The law, effective November 8, 2026, applies to all employers regardless of size and introduces significant compliance requirements with penalties ranging from $500 to $2,500 for violations.

California Governor Gavin Newsom has signed two bills that significantly modify the state's disability insurance and paid family leave programs. AB 2054 expands the definition...

Many space and defense jobs require a federal security clearance. If the government denies, delays, or revokes a clearance, an employee may be unable to continue in that role; the employer may reassign or terminate the employee. If the cleared individual is an officer of the company, revocation could jeopardize the company’s eligibility to perform cleared work. A subsequent employment claim may allege discrimination or retaliation in the clearance process or in the employer’s response.

Lowenstein attorneys and business services professionals share powerful stories of pro bono work that transformed lives and communities. From representing transgender women in federal prisons to helping clients navigate immigration, civil rights, and domestic violence cases, these legal advocates reveal the profound personal and professional impact of providing access to justice for those who need it most.

The EEOC filed only 97 merit lawsuits in fiscal year 2026, marking another year of historically low litigation activity despite regaining its quorum and new leadership under Chair Andrea Lucas. While overall filing numbers remained subdued, the composition reveals a strategic shift toward religious discrimination claims, pregnancy-related litigation, and majority-group discrimination cases that align with the Trump Administration's enforcement priorities.

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.

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).

The U.S. Supreme Court will hear arguments in Anderson v. Intel Corporation Investment Policy Committee, a pivotal case examining whether plan participants must meet a "meaningful benchmark" requirement when challenging 401(k) investment decisions based on alleged fund underperformance. The case could fundamentally reshape how ERISA fiduciaries defend investment choices and how courts evaluate claims of imprudent fund selection in retirement plans.

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 National Labor Relations Board has reinstated the General Motors standard for evaluating employee misconduct during protected activity, marking the third decision in the Lion Elastomers case series. This development simplifies how employers must assess discipline decisions by applying the traditional Wright Line framework rather than multiple setting-specific tests. The ruling emphasizes the importance of consistent workplace policies and uniform enforcement of conduct rules across all situations.