Labor and Employment Resources

Client Alerts

ESG Meets ERISA: Final Judgment Issued in American Airlines 401(k) ESG Lawsuit

On September 30, 2025, U.S. District Judge Reed O’Connor entered final judgment following a bench trial in a class-action lawsuit against American Airlines and its Employee Benefits Committee (the “EBC”), finding the defendants breached their duty of loyalty under the Employee Retirement Security Act of 1974 (“ERISA”) by allowing an investment manager’s environmental, social and governance (“ESG”) objectives to influence its investment decisions with respect to the company’s retirement plans (the “Plan”).

October 17, 2025 • V&E Governance and Sustainability Update | Published by Employee Benefit Plan Review, January 2026

October 17, 2025 • 5-minute read

Articles

“No More Non-Competes,” Part Five: FTC Abandons Rule Prohibiting Non-Compete Agreements but Advances Targeted Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) formally abandoned its efforts to enforce a Biden-era final rule (“Rule”) implementing a blanket ban on most employee non-compete agreements. Instead, the FTC signaled its intent to challenge non-compete agreements on a case-by-case basis. To that end, the FTC announced an enforcement action challenging one company’s non-compete agreements, published a request for information (“RFI”) seeking the public’s input on non-compete provisions, sent warning letters to several health care companies regarding their employment agreements, and announced a future workshop on this subject. Together, these actions could mark the beginning of a new, more targeted enforcement landscape and create new uncertainties for employers on the legality of non-compete agreements.

October 1, 2025

October 1, 2025 • 3-minute read

Client Alerts

DOJ Provides Insight Into Unlawful Discriminatory Practices, Highlighting Enforcement Risks for Federal Funding Recipients

On July 29, 2025, Attorney General Pam Bondi issued a memorandum offering specific examples of what the U.S. Department of Justice (“DOJ”) considers to be unlawful discriminatory policies and practices under federal civil rights laws, as well as recommendations on best practices for employers to avoid engaging in unlawful discrimination.

August 4, 2025 • V&E Governance & Sustainability Update

August 4, 2025 • 4-minute read

Client Alerts

Supreme Court Sides with Heterosexual Woman: Majority Plaintiffs and Minority Group Plaintiffs Alike Need the Same Evidence of Discrimination

On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court unanimously rejected the heightened “background circumstances” requirement imposed on Marlean Ames, a heterosexual woman who filed a gender and sexual orientation discrimination claim against her employer, the Ohio Department of Youth Services. The decision, as projected, confirms that a majority-group plaintiff is not required to proffer more evidence of discrimination than a non-majority-group plaintiff in order to state a prima facie claim under Title VII of the Civil Rights Act of 1964 (“Title VII”).

June 23, 2025

June 23, 2025 • 3-minute read

Client Alerts

Vinson & Elkins’ Quarterly Governance and Sustainability Updates – Summer 2025

Welcome to Vinson & Elkins’ Governance and Sustainability Updates. Each quarter, our aim is to provide insights into notable developments …

June 9, 2025 • V&E Governance & Sustainability Update

June 9, 2025 • 1-minute read

Client Alerts

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”).

April 23, 2025 • V&E Antitrust Update

April 23, 2025 • 2-minute read

Client Alerts

New Federal Guidance Addresses Workplace Discrimination Questions

On March 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) issued two technical assistance documents (the “DEI Guidance”) addressing the application of Title VII of the Civil Rights Act of 1964 (“Title VII”) to employers’ diversity, equity, and inclusion (“DEI”) policies and practices.

March 24, 2025

March 24, 2025 • 3-minute read