United States: Employment and HR

In this episode of the JAMS podcast, JAMS neutrals Hon. William E. Smith (Ret.) and Paul Garrison, Esq. explore how labor and employment disputes develop, what causes workplace disagreements to escalate and how parties can use mediation, arbitration and early intervention strategies to resolve conflict more effectively.

State legislatures across the United States remain active throughout the year, with significant labor and employment laws taking effect between July 1 and October 1, 2026. Virginia leads with the most new legislation, addressing pay transparency, child labor, non-compete agreements, workplace violence, and background checks, while multiple states introduce regulations on employee screening, service animal definitions, and Transportation Network Company driver relationships.

Congress is advancing legislation that could fundamentally reshape private-sector labor relations by imposing strict timelines on collective bargaining and introducing binding arbitration for initial union contracts. Meanwhile, the National Labor Relations Board moves closer to a Republican majority that may reverse recent pro-union precedents.

The U.S. Equal Employment Opportunity Commission has approved a new National Enforcement Plan for fiscal years 2025-2029 that fundamentally shifts the agency's priorities toward investigating intentional discrimination claims...

New Jersey has positioned itself at the forefront of regulating artificial intelligence in employment decisions through comprehensive guidance and regulations issued in 2025. The state's Attorney General and Division on Civil Rights have clarified that AI-enabled hiring and workforce management tools remain subject to the Law Against Discrimination, establishing that automated decision-making systems cannot shield employers from liability for discriminatory outcomes based on protected characteristics.

On 4 June 2026, the US Equal Employment Opportunity Commission (EEOC) released its new National Enforcement Plan (NEP) for fiscal years 2025–2029...

Congress is advancing legislation that could fundamentally reshape private-sector labor relations by imposing strict timelines on collective bargaining and introducing binding arbitration for initial union contracts. Meanwhile, the National Labor Relations Board moves closer to a Republican majority that may reverse recent pro-union precedents.

Washington state has enacted Engrossed Substitute House Bill 1155 (ESHB 1155), which prohibits almost all post-employment noncompete agreements, effective June 30, 2027.

The U.S. Supreme Court unanimously resolved a critical circuit split concerning multiemployer pension plan withdrawal liability calculations, rejecting the Second Circuit's timing rule for actuarial assumptions. This landmark decision clarifies when actuaries must select the assumptions used to determine an employer's financial obligations upon withdrawing from a pension plan, with significant implications for plans, employers, and actuaries nationwide.

California continues to push legislation that would significantly regulate employers’ use of artificial intelligence in workplace decision-making. Senate Bill 947 (“SB 947”)...

Managing employee performance effectively requires more than business acumen—it demands careful attention to legal risk at every stage. From setting clear expectations to documenting feedback and applying discipline consistently, each decision can either strengthen an employer's position or create costly litigation exposure. Understanding how to navigate performance issues while minimizing legal vulnerabilities is essential for protecting both the organization and its workforce.

The U.S. District Court for the Central District of California, applying California law, held that an employment practices liability insurer owed no duty to defend a qui tam action alleging prevailing-wage violations...