United States: Employment and HR

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Second Circuit: Employees Told To Show Up Early Are “Engaged To Wait”
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.
United States Employment
PR
Proskauer Rose LLP
Article
John Deere Moves To Dismiss Severance Program Dispute As Not Governed By ERISA
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.
United States Employment
HB
Hall Benefits Law
Article
Edward Jones Fights Back In Challenge To Diversity Program
A White male plaintiff has filed a lawsuit against Edward Jones, challenging the company's "Goodknight" diversity program that allegedly incentivizes financial advisors to transition clients to female or other diverse advisors. The case represents one of several recent reverse discrimination lawsuits targeting corporate DEI initiatives, raising questions about the legal boundaries of workplace diversity programs under Title VII of the Civil Rights Act.
United States Employment
HB
Hall Benefits Law
Article
EntertainHR: Look What You Made Me Dough: How Taylor Swift And Sourdough Can Help Shape Employee Performance Improvement
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.
United States Employment
FH
Ford & Harrison LLP
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Article
EntertainHR: Look What You Made Me Dough: How Taylor Swift And Sourdough Can Help Shape Employee Performance Improvement
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.
United States Employment
FH
Ford & Harrison LLP
Article
The Impact Of AI Bias On DEI
Human resources departments are rapidly adopting artificial intelligence to streamline operations, but this technological shift raises critical questions about algorithmic fairness and representation. When AI development remains concentrated among a handful of companies and excludes diverse perspectives, can these tools truly serve all employees equitably? The intersection of machine learning and workplace diversity reveals troubling patterns that demand immediate attention from HR professionals.
United States Employment
HB
Hall Benefits Law
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Article
Facing An ADA Title III Lawsuit? A Practical Guide To Defense Strategies
In 2025, ADA Title III lawsuits against private businesses surged to over 8,600 federal filings—more than triple the 2013 total. For businesses and defense counsel facing these claims, understanding the statutory framework, identifying key jurisdictional and substantive defenses, and developing a strategic response can mean the difference between a costly protracted battle and an efficient resolution that limits both remediation costs and attorney's fee exposure.
United States Litigation
DW
Dickinson Wright PLLC
Article
Education Department Formally Repeals 2024 Title IX Rule, Formalizes 2020 Rule Status Quo
The U.S. Department of Education has formally rescinded the 2024 Title IX regulations and reinstated the 2020 framework, with one notable modification stemming from prior litigation. This regulatory shift reaffirms the Education Department's position on sex-separated facilities and athletics based on biological sex, while clarifying compliance obligations for educational institutions navigating Title IX requirements.
United States Government
HK
Holland & Knight
Article
Edward Jones Fights Back In Challenge To Diversity Program
A White male plaintiff has filed a lawsuit against Edward Jones, challenging the company's "Goodknight" diversity program that allegedly incentivizes financial advisors to transition clients to female or other diverse advisors. The case represents one of several recent reverse discrimination lawsuits targeting corporate DEI initiatives, raising questions about the legal boundaries of workplace diversity programs under Title VII of the Civil Rights Act.
United States Employment
HB
Hall Benefits Law
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Article
Business And Benefits Groups File 4th Circuit Amicus Brief Against 401(k) Forfeiture Suit
A coalition of business and benefits groups has filed an amicus brief with the Fourth Circuit Court of Appeals, urging the court to uphold the dismissal of a lawsuit challenging Northrop Grumman's use of forfeited 401(k) funds. The case centers on whether employers can legally use these forfeitures to offset their own plan contributions rather than reduce participant administrative fees, a practice the groups argue has long been sanctioned by federal regulations.
United States Employment
HB
Hall Benefits Law
Article
Supreme Court Signals Support For ‘Meaningful Benchmark’ Requirement In ERISA Plan Underperformance Cases
The U.S. Supreme Court heard oral arguments in Anderson v. Intel Corp. Investment Policy Committee, examining whether ERISA plaintiffs must plead a "meaningful benchmark" when alleging imprudent selection of underperforming retirement plan funds. The Justices' questions suggest they may endorse this requirement while providing guidance on what constitutes a meaningful comparator for evaluating fund performance.
United States Employment
BS
Ballard Spahr LLP
Article
Federal Court Dismisses Ex-Partner’s 401(k) Suit Against Husch Blackwell
A Missouri federal district court judge dismissed a proposed class action lawsuit by a former partner at Husch Blackwell LLP alleging mismanagement and the illegal withholding of contributions to the firm’s 401(k) plan. The judge based his ruling on the plaintiff’s inability to show that year-end profit-sharing contributions were plan assets before the firm deposited them into his plan account, which left him unable to prove any violations of federal benefits law.
United States Employment
HB
Hall Benefits Law
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Article
John Deere Moves To Dismiss Severance Program Dispute As Not Governed By ERISA
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.
United States Employment
HB
Hall Benefits Law
Article
EntertainHR: Look What You Made Me Dough: How Taylor Swift And Sourdough Can Help Shape Employee Performance Improvement
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.
United States Employment
FH
Ford & Harrison LLP
Article
Lion Elastomers III: The Return Of General Motors
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.
United States Employment
SS
Seyfarth Shaw LLP
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