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.

Healthcare compliance experts Jana Kolarik and Angie Caldwell explore the critical intersection of physician compensation, work relative value units (wRVUs), and fair market value (FMV) requirements under the Stark Law.

The New York State Assembly has passed a bill, which if signed by the Governor, would provide employees with new rights with respect to their personnel files, including notice of, and the opportunity to respond to, certain types of “negative information” placed in their personnel files. S3460, which is modeled in part after Massachusetts’ personnel records law, would add new Section 210-b to the New York Labor Law and take effect sixty (60) days if and after Governor Hochul signs it into law.

Vince McKnight, Co-Vice Chairman and Whistleblower & Qui Tam Practice Group Co-Chair at Sanford Heisler Sharp McKnight, discusses his career path from his formative years in Washington, D.C. to becoming a leading advocate in whistleblower and employment law. He shares insights on the False Claims Act, qui tam litigation, and the critical role of whistleblower advocacy in protecting those who expose fraud and wrongdoing.

A federal court in New York analyzed whether California's Fair Employment and Housing Act protections extend to independent contractors and what constitutes actionable retaliation in the entertainment industry. The decision examines worker classification standards, the territorial reach of state employment laws, and whether coordinated reputational campaigns can constitute adverse employment actions under anti-retaliation statutes.

On May 21, 2026, the California Court of Appeal held in Husband v. Target Corporation that, standing alone, an employee’s erratic and irrational behavior is insufficient to put an employer on notice that the employee...

The Supreme Court has resolved a critical circuit split on multiemployer pension plan withdrawal liability calculations, while federal agencies issue new guidance on SECURE 2.0 provisions and fertility benefits.

Recent federal action has opened the door for defined contribution plans — including 401(k)s — to offer alternative investments such as private equity.

July 4, 2026, is not just the 250th anniversary of American independence. It is also the first day contributions can begin flowing into “Trump accounts,” a new category of child investment...

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...