United States: Employment and HR

In California, an employer’s invention-assignment agreement often looks like it gives the company ownership of every idea an employee touches. For engineers at high-growth technology companies...

The Federal Acquisition Regulatory Council has issued new guidance requiring federal contractors to certify they will not engage in racially discriminatory diversity, equity, and inclusion activities. This implementation of Executive Order 14398 introduces significant compliance obligations and potential legal risks for government contractors, including reporting requirements and the possibility of contract termination for non-compliance.

The Federal Trade Commission has shifted from pursuing a nationwide ban on noncompete agreements to a targeted enforcement strategy focused on case-by-case investigations and consent orders. Recent enforcement actions reveal the agency's priorities, particularly regarding blanket noncompetes affecting low-wage workers and restrictions in the healthcare industry that may limit patient access to care.

The U.S. Supreme Court's refusal to review Bivens v. Zep has created a jurisdictional divide in how employers can be held liable under Title VII for third-party harassment of their employees.

Employers are entering a new era of enforcement—one in which compliance is no longer judged by policy, but by proof.

The Federal Acquisition Regulatory Council has issued new guidance requiring federal contractors to certify they will not engage in racially discriminatory diversity, equity, and inclusion activities. This implementation of Executive Order 14398 introduces significant compliance obligations and potential legal risks for government contractors, including reporting requirements and the possibility of contract termination for non-compliance.

A bipartisan coalition of 45 State Attorneys General has formally endorsed a proposed federal rule that would require pharmacy benefit managers to disclose their compensation arrangements to ERISA plan fiduciaries. While supporting enhanced transparency, the AGs argue that the rule should explicitly preserve state-level PBM oversight authority and include provisions for federal-state coordination on enforcement matters.

An MA organization and its subsidiaries that offer EGWPs proposed a savings-sharing arrangement with the employer groups, trusts, and unions (each a Group) to which it provides coverage.

The SECURE 2.0 Act introduces significant compliance requirements and plan design opportunities for 2026, with mandatory Roth-only catch-up contributions for higher earners and expanded eligibility for part-time employees. Plan sponsors face critical year-end amendment deadlines and must make strategic decisions about optional features that will shape their retirement plans' future.

When does an attorney’s conduct cross from protected legal services into unprotected business advice? A recent opinion from the Fifteenth Court of Appeals...

Virginia's new Senate Bill 170 introduces significant restrictions on employer noncompete agreements, particularly affecting low-wage and terminated employees.

In Massey v, Borough of Bergenfield, __ F.4th __ (3d Cir. 2026), the U.S. Court of Appeals for the Third Circuit held that a white employee who alleged...