octobre 07 2025
Insights: Employment | Benefits | Mobility – Q3 2025
Auteurs:
- Hillary E. August,
- Morgan Bailey,
- Andrew Block,
- Miriam Bruce,
- Susan P. Carlson,
- Katherine Carter,
- Chris Chapman,
- Erin K. Cho,
- Maximillian L. Del Rey,
- Louise Fernandes-Owen,
- Freesia Ferrantino,
- Christopher Fisher,
- Marcia E. Goodman,
- Adam S. Hickey,
- James Hill,
- Edward Jewitt,
- Adam D. Kanter,
- Musonda Kapotwe,
- Kelly B. Kramer,
- Gabrielle Levin,
- Sarah Martin,
- Hiral D. Mehta,
- Richard E. Nowak,
- Gina M. Parlovecchio,
- Crystal Paulino,
- James Perrott,
- Arun G. Rao,
- Nancy G. Ross,
- Grace Shie,
- Ravi Shah,
- Stephanie B. Vasconcellos,
- Daniel Vowden,
- Duncan Watson,
- Brantley Webb,
- Ruth Zadikany,
- Caitlyn Coffey
Welcome to Insights, our regular publication highlighting key employment, benefits and mobility developments. In this edition, we take the opportunity to round up our recent global updates, in view of the number of developments in all areas across jurisdictions.
As we head into Q4, our next edition of Insights will highlight the most significant employment, benefits and mobility developments during 2025 and consider what the future holds for businesses in 2026 across key jurisdictions.
If you would like to receive future editions of Insights, please subscribe here to "Employment & Benefits."
Employment
UK disciplinary hearings: recent guidance from the EAT
A recent decision by the UK Employment Appeal Tribunal ("EAT") has held that the dismissal of an employee for misconduct was not unfair despite apparent shortcomings in the process followed (Alom v Financial Conduct Authority [2025] EAT 138).
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California Adopts New Employment AI Regulations Effective October 1, 2025
The California Civil Rights Council (CRC) recently announced that it has finalized regulations that clarify how California’s anti-discrimination laws apply to the use of artificial intelligence (AI) and automated decision systems (ADSs) in employment decision-making (the “Regulations”).
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DOJ Defines “Illegal DEI,” Warns Recipients of Federal Funds to Take Notice
On July 29, 2025, U.S. Attorney General Pam Bondi issued Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination (the “Guidance”).
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New York Amends Labor Law To Limit Damages For Late Payments to Manual Workers
On May 9, 2025, New York State Governor Kathy Hochul signed a bill as part of the 2026 Fiscal Year budget, amending New York Labor Law (“NYLL”) Sections 191 and 198.
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FAQs on proposed reforms to the UK senior managers and certification regime
The Senior Managers & Certification Regime ("SM&CR") has been a cornerstone of the UK’s individual accountability regulatory framework for banks, insurers and other regulated firms since its introduction in the wake of the global financial crisis.
Lire plusBenefits
As Summer Turns to Fall: The Evolution of ERISA Forfeiture Cases
In July and August, we published two Legal Updates describing the evolving state of the law with respect to the ongoing wave of ERISA forfeiture lawsuits.
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High Deductible Health Plans: Will Recent Changes Encourage Enrollment?
Stephanie Vasconcellos authored this article in HRM Outlook about high deductible health plans (HDHPs).
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Revisiting the State of the Law in ERISA Forfeitures Cases
On July 14, 2025, we published a detailed Legal Update describing the state of the law with respect to the ongoing wave of ERISA forfeiture lawsuits.
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President Trump Signs Executive Order Seeking to Expand Availability of Alternative Assets in 401(k) Plans
On August 7, 2025, President Donald Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors” (the “Order”), which encourages the US Department of Labor (“DOL”) and other federal agencies to create a pathway for more defined contribution retirement plans to offer participants exposure to “alternative assets,” including private equity, real estate, and digital assets.
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US Department of Labor Solicits Feedback and Provides Guidance to Smaller Employers on Pooled Employer Plans
On July 28, 2025, the US Department of Labor (DOL) issued a Request for Information (RFI) regarding the current usage and operations of pooled employer plans (PEPs), as well as obstacles that are discouraging smaller employers from offering their employees retirement benefits through a PEP.
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Virgin Media – Details Of Legislative "Fix" Published
The government has published amendments to the Pension Schemes Bill that set out the proposed legislative “fix” for issues arising out of the Virgin Media case.
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Inheritance Tax on Pension Death Benefits – Revised Proposals
The government has responded to its consultation on its proposal that from 6 April 2027, most death benefits paid from registered pension schemes (whether DB or DC) will form part of the deceased member’s estate for inheritance tax (“IHT”) purposes.
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Recovery of VAT on DB Pension Scheme Investment Costs – New HMRC Policy
HMRC has announced a new policy on the recovery by employers of VAT charged on investment services provided to their DB pension schemes.
Lire plusMobility
Video Podcast: Employment & Benefits Unpacked - International Travel to the US Today
In our first episode, Mayer Brown partners Grace Shie and Morgan Bailey unpack the recent Presidential Proclamation suspending travel to the United States for citizens of certain countries.
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Video Podcast: The Inside Track - DOL’s Microscope on the H-1B—Project Firewall, Wage Compliance, and Employer Best Practices
In this episode of The Inside Track, hosts Grace Shie and Maximillian Del Rey explore the U.S. Department of Labor’s new H-1B enforcement initiative, Project Firewall, and its implications for employers.
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Video Podcast: The Inside Track - H-1B Overhaul—Navigating the $100,000 Fee and New Lottery Rules
In this episode of The Inside Track, hosts Grace Shie and Morgan Bailey from Mayer Brown’s Global Mobility Practice discuss recently announced changes affecting the H-1B visa program.
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Video Podcast: The Inside Track - Worksite Raids and Employer Readiness in an Era of Enforcement
In the premiere episode of The Inside Track, Mayer Brown’s Grace Shie and Morgan Bailey spotlight the surge in US worksite enforcement and the growing scrutiny on employer compliance.
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Winning the H-1B Lottery: How Strategic Wage Levels and Job Classifications Boost the Odds
The Department of Homeland Security (DHS) has published a new proposed rule to redesign the H‑1B program, a visa category commonly used by US employers to hire skilled foreign workers.
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UK's Immigration White Paper Big Changes Leading to Bigger Questions
Published in the 2nd volume of The Global Regulatory Developments Journal, this article by James Perrott and Grace Shie discusses the main changes that are likely to affect UK employers and their employees following the publication of the UK’s Immigration White Paper.
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Restrictions, Digitisation, and Wage Levels: Proposed Changes to the UK Immigration System Begin
The UK Government has announced a series of changes to the UK immigration system, both from a legal and process standpoint.
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