Insights: Employment | Benefits | Mobility – Q3 2026 | Insights

Welcome to the Global Employment & Benefits group's latest issue of Insights, highlighting key employment, benefits and mobility developments.

This edition explores a wide range of timely topics, including AI and employment disputes in England and Wales; the extended duty of vigilance in France; recent developments in US noncompete law; Brazil’s uniform standard for granting court fee waivers; and proposed new rules on the release of surplus from defined benefit pension schemes in the UK. Our immigration updates cover the recent changes to the UK illegal working regime and new US enforcement actions targeting alleged fraud and abuse in the H-1B visa and PERM programs. We also include a Spotlight Q&A, highlighting the key takeaways from our briefing series on internal investigations in Germany.

We are delighted to share this edition of Insights and hope you find it helpful. Please feel free to contact any member of the global Employment & Benefits team if you have questions or would like to discuss any of the issues covered.

Andrew Rosenman | Stephanie Vasconcellos | Guido Zeppenfeld
Co-Leaders, Global Employment & Benefits

Hot Off The Press

Mayer Brown shortlisted by the International Employment Lawyer Awards for Rewards and Incentives Team of the Year, North American Law Firm of the Year, and GML Team of the Year - Private Practice. Grace Shie was also individually nominated by the publication for GML Lawyer of the Year - Private Practice.
Konstantin Kühn honored in F.A.Z. Institut’s “TOP Lawyers 2027”
Ruth Zadikany named as a 2026 "Top Labor & Employment Lawyer" by Daily Journal
Gabrielle Levin was named among Crain's New York Business' "Notable Leaders in Accounting, Consulting & Law". She was also recognized in Profiles in Leadership Journal.
Miriam Bruce, Christopher Fisher, and Jay Doraisamy were named to Legal 500 UK’s “Leading Partners”. Duncan Watson was named to Legal 500 UK's "Next Generation Partners".
Lauren Shurman named by Utah Business as Utah's 2026 Legal Elite
Brantley Webb named a 2026 BTI Client Service All-Star

How AI Is Changing Employment Disputes in England and Wales

Generative AI has changed the dynamics of employment disputes. Employees can produce sophisticated grievances with limited professional help, but this can entrench their position and inflate expectations about settlement and remedies. The practical response is to return to the human story.

France Extends the Scope of Duty of Vigilance Binding Prime Contractors

France’s Anti-Fraud Law imposes a new duty of vigilance on prime contractors toward subcontractors involved in cascading subcontracting chains. Non-compliant prime contractors may be held jointly liable for subcontractors’ unpaid taxes, social contributions, and employee compensation. The law also introduces a fast-track “social flagrance” asset-seizure procedure.

Spotlight Q&A: Internal Investigations in Germany

Our Employment & Benefits team in Germany recently published a Briefing Series on Internal Investigations examining the legal framework, practical tools, and compliance architecture underpinning internal investigations. This Spotlight Q&A outlines the key highlights for in-house legal teams, HR professionals, and senior management in organisations with a presence in Germany.

Recent Developments in US Noncompete Law

With the Federal Trade Commission abandoning its efforts to implement a noncompete rule at the federal level, noncompete law in the United States continues to be governed by individual state laws. It is crucial for employers to remain aware of ongoing developments in this area, as each state’s approach to noncompetes can and does vary widely.

An In-Depth Analysis of the ADC 80 Judgment and Free Legal Aid in Brazil

Brazil's Supreme Federal Court has resolved years of lower-court fragmentation by establishing a clear, uniform standard for granting court fee waivers. The ruling balances legislative cost-containment goals with the fundamental constitutional guarantee of access to justice and will help guide litigation strategies for both employees and employers.

Release of Surplus From DB Pension Schemes: Proposed New Rules

The UK Government has consulted on proposed new conditions that must be met for an employer surplus payment to be made from an ongoing defined benefit pension scheme from April 2027. HMRC has also consulted on legislation to create an authorised member surplus payment. In addition, the Pensions Regulator has published a statement on the release of DB pension surpluses.

Prevention of Illegal Working — Key Changes Taking Effect 1 October 2026

Section 48 of the Border Security, Asylum and Immigration Act 2025 introduces the most significant expansion of the UK's illegal working regime since its inception. The changes came into force on 1 October 2026, alongside a revised Code of Practice on Preventing Illegal Working.

Trump Administration Announces New Enforcement Actions Against Employers in H-1B and PERM Fraud Probes

Over the past 18 months, federal enforcement priorities have evolved significantly, with a particular emphasis placed on employers who sponsor foreign workers. The Department of Justice, the Department of Labor, and associated federal agencies have deployed an array of new tools to target alleged fraud and abuse in the H-1B visa and employment-based permanent residency (“Green Card”) programs.