North America HR News Flash: Friday, November 13, 2026

Arbitrator sets first union contract for about 800 Amazon workers at B.C. fulfilment centre; Unifor calls it a North American first

• Per Unifor, an independent arbitrator set binding first-contract terms on November 13, 2026 for about 800 YVR2 workers in Delta, running to November 13, 2029
• It was a first contract arbitration directed by the B.C. Labour Relations Board on August 4, 2026, not a negotiated deal
• Per Unifor: wages rise to C$29 an hour by the end of the term, severance up to 18 weeks, an extra week of vacation at 10 years; the 'North American first' is Unifor's claim

What employers should do: If you have a certified union in B.C. and first-contract talks are stalled, review section 55 of the Labour Relations Code: after mediation the board can direct binding arbitration; If you have warehouse or logistics staff in Canada, compare your pay and severance terms with this case

California governor signs SB 1237, raising repeat pay data report nonfiler penalties to up to $1,000 per employee

• SB 1237 (Chapter 1019, Statutes of 2026) raises the cap for a second or later failure to file from $200 to $1,000 per employee; the first-failure cap stays at $100
• Not an urgency statute; takes effect January 1, 2027
• Reports are due by the second Wednesday of May; CRD has not announced the 2027 date. The 100-employee threshold counts employees outside California

What employers should do: Count all employees, including those outside California, to check the 100-employee reporting threshold; Watch for CRD's 2027 filing deadline and updated reporting guidance; If there were prior missed filings, assess penalty exposure and remediate promptly

SEC proposes overhaul of executive and director compensation disclosure rules, first since 2006

• On November 13, 2026 the SEC proposed amending Item 402 of Regulation S-K
• Aims for more principles-based, substance-focused disclosure, better transparency of equity awards and lower compliance burdens
• First comprehensive overhaul since 2006; the proposal draws on more than 80 comment letters and remains a proposal

What employers should do: Public companies can follow the proposal and assess how future executive pay disclosure may change

Pivotal releases Ontario employer checklist: firms with 25+ staff need disconnecting and e-monitoring policies by March 1

• Ontario counts headcount on January 1 to determine obligations
• Employers with 25 or more employees must have disconnecting-from-work and electronic monitoring policies by March 1
• The AODA compliance report for organizations with 20+ staff is due December 31, 2026

What employers should do: Employers with 25 or more staff should have disconnecting-from-work and electronic monitoring policies in place by March 1; Organizations with 20+ staff should submit the AODA compliance report by December 31, 2026

Ultium Cells sued in proposed class action by battery plant workers over unpaid overtime for donning and doffing gear

• Damian Ouellett filed a proposed class action in the Northern District of Ohio federal court
• The complaint alleges time spent donning and doffing clean room suits, respirators and gloves should be paid and counted toward overtime
• These are the plaintiff's allegations and have not been proven

What employers should do: Check whether time spent donning and doffing production gear is counted as hours worked and in overtime calculations; Review how pre- and post-shift gear time is recorded in timekeeping and payroll

Former S&P Global employee sues, alleging she was fired the day her family leave ended in caregiver retaliation

• Former employee Audrey O'Keefe sued S&P Global, alleging violations of the FMLA and New York City's caregiver discrimination ban.
• She alleges she was fired the day her family medical leave ended, after more than 26 years of strong reviews.
• These are allegations by the plaintiff and have not been established.

What employers should do: Review terminations made around the end of family medical leave to ensure there are documented, lawful grounds.

Federal court denies both sides summary judgment in EEOC challenge to hospital's testing of clinicians 70 and older

• A hospital required clinicians 70 and older to pass vision and cognitive tests every two years; the EEOC sued in 2020
• A federal court denied both sides' motions for summary judgment in the ADA and ADEA case
• Disputes remain over whether the tests protect patients, whether 70 is a defensible cutoff, and whether individual assessments could work

What employers should do: Check whether age-based mandatory testing or retirement requirements comply with the ADA and ADEA; Assess the feasibility of replacing a uniform age cutoff with individual assessments

Federal judge lets former HHS employee's telework-related sex discrimination and retaliation claims go to trial

• Judge Amit P. Mehta ruled Ingrid Caples' sex discrimination and retaliation claims can proceed to trial
• The judge found sufficient evidence of animus toward women for a jury to infer discrimination
• Coworker affidavits support her account of derogatory comments and exclusion from key meetings

What employers should do: Confirm telework request decisions apply the same criteria regardless of sex; Keep written records of the basis for decisions on employee requests and performance evaluations

Former Truist Bank executive sues, alleging disability and sex bias and retaliation

• Former Truist Bank senior vice president Jessica Sidhom alleges disability and sex discrimination and retaliation
• Claims include an inappropriate TikTok post, a performance improvement plan after complaining, and exclusion from client meetings
• She says her remote-work request was denied while male colleagues received it; these are allegations, not findings

What employers should do: Verify that performance improvement plans after employee complaints have documented, objective grounds; Keep records showing how requests for remote work as a disability accommodation are reviewed and decided

Midterm results may make NLRB's next year consequential: 3-1 Republican majority, Chairman Murphy's term ends December 2027

• The NLRB currently has a 3-1 Republican majority with one vacant seat.
• Chairman James R. Murphy's term expires in December 2027.
• A Democrat-controlled Senate would be unlikely to confirm Trump's nominee, leaving a 2-1 Republican Board.

Lowe's sues 13 insurers over defense costs in more than 200 countertop worker injury suits

• Lowe's sued 13 insurers over refusal to fully fund defense costs in more than 200 countertop worker injury suits
• Workers say dust and debris from cutting and grinding stone slabs sold by the retailer injured them
• The suit was filed Friday in the US District Court for the Central District of California; defendants include units of Allianz SE, Travelers Cos. and Zurich Insurance

What employers should do: Review workplace safety controls for dust and debris exposure, including for contracted workers; Confirm with insurance and legal teams how defense cost coverage is allocated under your policies

How to exit a senior executive without the legal fallout, lawyers say at HRFest Canada 2026

• Termination fundamentals are unchanged, but the landscape has shifted
• In Ontario and British Columbia, termination packages are routinely reviewed by employee counsel
• Demand letters often raise bad-faith claims

What employers should do: Document business reasons for executive exits in writing beforehand; Design termination packages with employee counsel review and bad-faith claims in mind

Reports say Trump administration and EEOC preparing to narrow PWFA regulations

• Reports from November 2 say the Trump administration and the EEOC are preparing to narrow PWFA implementing regulations
• The change remains at the proposal stage
• Stoel Rives outlines what employers should do

What employers should do: Monitor follow-up changes to EEOC implementing regulations and update accommodation policies for pregnant employees as needed

Fisher Phillips previews workplace policy outlook as Becerra is set to be sworn in as California governor on January 4, 2027

• Xavier Becerra will be sworn in as California governor on January 4, 2027.
• He made few campaign promises and only hinted at policy priorities.
• Fisher Phillips suggests his past record may best indicate his priorities.

What employers should do: Watch for workplace policy moves after Becerra takes office, and use his past record as a reference for preparation.

Wagner Equipment agrees to pay $200,000 to settle EEOC suit over 100-pound lifting test for returning workers

• Wagner Equipment agreed to pay $200,000 to settle the EEOC challenge
• The EEOC challenged a 100-pound lifting test required of employees returning from medical leave
• The EEOC had earlier sued the company over alleged disability discrimination

What employers should do: Check whether return-to-work lifting tests are directly tied to job requirements, and avoid applying them uniformly to all returning employees

Federal judge upholds Labor Department rule requiring large unions to expand financial disclosures

• The D.C. federal district court upheld the Labor Department's rule on large union financial disclosures
• AFL-CIO sued in June, arguing the department issued a final rule without public comment
• The Labor Department says it sought feedback during the first Trump administration

Lame-duck Congress begins: Senate HELP vote on EEOC general counsel nominee Eschbach set for Nov. 18

• EEOC general counsel nominee Catherine Eschbach's HELP Committee vote is scheduled for Nov. 18.
• OSHRC nominee Michael Doyle is also scheduled for a HELP Committee vote on Nov. 18.
• National Mediation Board nominees Douglas Ralph and Loren Sweatt await Senate floor votes.

What employers should do: Monitor how the EEOC general counsel appointment may affect enforcement priorities.

B.C. port lawsuit over 'hot edict' tests secondary picketing limits

• A British Columbia port lawsuit over a 'hot edict' is testing the limits of secondary picketing
• The union says the employer is waiting around and 'working around this strike'
• The allegations have not been proven

What employers should do: Watch how the lawsuit defines secondary picketing when union strikes occur

Labor Department inspector general warns more colleges and companies to be suspended from PERM and H-1B

• The inspector general says more colleges and companies are expected to be suspended from the PERM and H-1B programs
• No institutions were named and no timeline was given
• The office is working with the White House Fraud Task Force

What employers should do: Check the factual accuracy and supporting documents of existing PERM and H-1B cases; Confirm whether any partner school, intermediary or law firm faces suspension risk

DHS proposes rule ending deference to prior approvals in H-1B and other work visa renewals; comment period closes Nov. 13

• DHS proposes that USCIS no longer defer to prior approvals when reviewing renewals
• L-1, O-1, TN and E categories would also lose the protection
• The 30-day comment window closes Nov. 13; current rules remain until a final rule is published

What employers should do: Check the visa category and current approval status of employees before filing renewals; Watch the Nov. 13 comment deadline and assess whether to submit comments; Keep tracking the rule until a final rule is published

ACE and 16 higher education groups urge DHS to withdraw proposed rule ending deference in H-1B extensions

• ACE and 16 other higher education groups asked DHS to withdraw the proposed rule
• The rule would end deference to earlier approvals in H-1B extension requests
• The groups say it would further slow USCIS processing; the rule remains a proposal

What employers should do: H-1B employers should monitor the proposed rule and plan extension timelines

USCIS memo says temporary US visitors must generally use consular processing for green cards

• USCIS issued a May 22, 2026 policy memo requiring nonimmigrants seeking green cards to generally use consular processing abroad
• The memo reiterates long-standing law and immigration court precedent rather than creating new rules
• In-country adjustment of status will be granted only in extraordinary circumstances; three nonimmigrant categories face stricter scrutiny

What employers should do: Review green card pathways for nonimmigrant employees and assess whether consular processing is needed; Confirm with immigration counsel the review risk for pending in-country adjustment of status cases

Labor Department inspector general jabs Microsoft over H-1B applications after outage

• Department of Labor Inspector General Anthony D'Esposito questioned Microsoft's ability to handle 6,000 H-1B applications.
• Microsoft said the outage was unrelated to its immigration program and was a technical issue not tied to cyber or AI.
• Newsweek reports the administration has criticized Microsoft for layoffs alongside H-1B filings.

What employers should do: Monitor federal government statements on H-1B filings by large employers that are also laying off staff.

BAL guide: When employers sponsoring H-1B, PERM and H-2B can use alternative wage surveys

• DOL's ETA proposed a rule in March 2026 raising the percentiles for all four OEWS wage levels.
• The proposal covers certain H-1B, H-1B1, E-3 and PERM cases.
• The proposal retains private surveys in limited circumstances; current regulations remain in effect.

What employers should do: Monitor the rule's progress and assess the impact of higher wage percentiles on existing H-1B and PERM prevailing wages.; Continue following current rules for wage determination until any final rule takes effect.

NFAP study: curbs on high-skilled immigration could cost US economy up to $668 billion a year

• The study estimates a 20% fall in international STEM graduate students could cost the US economy up to $668 billion annually
• Tech companies could forgo up to 615,000 additional jobs for US-born workers
• India, China and Canada could potentially benefit

US Labor Department issues enforcement alert and guidance on health plan provider directory accuracy amid ghost network suits

• DOL released an enforcement alert and guidance on health plan physician directory accuracy
• Patient class actions have alleged "ghost networks" in health plan designs
• Data show directories are often out of date; employers must maintain accurate directories under ERISA, the ACA and the No Surprises Act

What employers should do: Verify that provider directories for employer-sponsored health plans are accurate and kept up to date; Confirm with insurers or plan administrators who is responsible for directory maintenance

2027 HDHP minimum deductible rises to $1,750 as HSA limits increase

• 2027 HDHP minimum deductible: $1,750 self-only and $3,500 family
• Out-of-pocket maximums of $8,700 and $17,400; HSA limits of $4,500 and $9,000
• The pre-deductible telehealth safe harbor is now permanent; direct primary care arrangements can coexist with HSAs from 2026

What employers should do: Verify 2027 HDHP and HSA plan deductible and contribution limits; Update employee benefits materials with the new out-of-pocket maximums and HSA limits

IRS sets 2027 limits: health FSA rises to $3,500; transit and parking caps rise to $350 a month each

• Health FSA employee contribution limit rises to $3,500, with up to $700 carryover
• Transit and parking caps rise to $350 a month each; educational assistance rises to $5,400
• QSEHRA limits are $6,700 (self-only) and $13,550 (family); 2027 withholding tables to come in Publication 15-T

What employers should do: Update 2027 benefit election and FSA contribution materials for employees; Update payroll withholding systems once Publication 15-T is released

Bank of America: Average 401(k) balance up 9.8% to $122,560 as hardship withdrawals rise to 1%

• Average 401(k) balance reached $122,560 in September, up 9.8% from year-end 2025.
• Share of participants taking hardship withdrawals rose to 1%, up from 0.88% in Q2.
• Average contribution rate held at 7.3%.

What employers should do: Monitor hardship withdrawal trends among employees and assess their impact on retention.

EBRI: No Surprises Act arbitration added an estimated $8.39bn to employer health plan costs in 2025

• The IDR process created about $8.39 billion in additional health plan payment obligations in 2025
• That is about 63 cents per $100 of job-based coverage spending
• Roughly 2.56 million disputes were initiated in 2025, versus about 22,000 per year originally projected

Child Medicaid enrollment down 2.56 million; employer plans must honor 60-day special enrollment requests

• Child Medicaid and CHIP enrollment fell by a net 2.56 million from January 2025 to August 2026.
• The figure is a net decline, not a count of children losing coverage who are eligible for employer plans.
• Group health plans must allow enrollment within 60 days after Medicaid or CHIP coverage ends; most other special enrollment events have a 30-day window.

What employers should do: Review group health plan special enrollment rules to ensure requests made within 60 days after Medicaid or CHIP coverage ends are accepted.

Financial Finesse: share of elder-caring employees with high financial stress rises from 32.8% to 42.8%

• Share of elder-caring employees with high financial stress rose from 32.8% to 42.8% (Financial Finesse data)
• AARP 2026 study: family caregivers spend an average $11,508 a year; working caregivers $12,606
• 65% of working caregivers reported at least one employment disruption

Employers tighten GLP-1 limits and rethink plan design as healthcare costs expected to climb in 2027

• Healthcare costs are expected to climb sharply again in 2027.
• Employers are changing health plan providers and PBMs, and shifting more costs to employees.
• Employers are tightening GLP-1 restrictions and revising plan design while trying to keep benefits competitive.

What employers should do: Evaluate whether to change health plan providers or PBMs, and review GLP-1 coverage restrictions.

WTW survey: nearly 80% of global employers advancing or accelerating well-being goals

• The WTW survey covers more than 4,100 employers across 91 markets, representing roughly 55 million employees
• Nearly 80% of global employers are advancing or accelerating employee well-being goals
• More than half reported integrating well-being into their total rewards programs

Paytient-Greenwald survey: 61% of insured workers have paid for care in cash, bypassing their plan

• 61% of surveyed insured workers have paid for care or medication entirely in cash
• Reasons for paying cash include out-of-network providers (45%), a lower cash price (37%), speed (30%) and an unmet deductible (27%)
• The study was commissioned by Paytient, which sells payroll-based payment tools; Marsh said average per-employee health benefit costs are expected to rise 8.2% in 2027

Paychex survey: 55% of employees have seen their job posted at higher pay; 31% of them began job hunting

• Survey of 1,034 full-time US employees, August 21–31, 2026: 55% have seen their job posted at higher pay; among all respondents, 37% saw it elsewhere and 21% at their own employer
• Among those who saw such postings, 64% did not ask for a raise and 31% started job hunting
• Paychex lists 17 states and Washington, D.C. as having pay transparency laws; Delaware's takes effect in September 2027

What employers should do: Compare pay for your open roles and internal peers against market postings to identify gaps; Where pay transparency laws are in effect, confirm job postings meet local disclosure requirements

PVH plans to cut about 1,040 jobs globally, mainly office-based roles

• PVH plans to eliminate about 1,040 jobs, around 4% of its global workforce
• The cuts mainly affect non-customer-facing roles, about 12% of office-based staff
• Further organisational changes are expected in the first quarter of 2027

Stelco to recall all 175 laid-off Hamilton workers from Dec. 1 with retroactive pay

• Stelco will recall 175 temporarily laid-off workers from Dec. 1
• Recall includes retroactive pay for the full shutdown period
• The Hamilton finishing plant was idled Oct. 9; the company says it reached agreements with enough customers

What employers should do: Track how temporary layoff and recall arrangements affect employee pay

Denmark autumn recruitment survey: 23% of hires fail in iron, metals and automotive, 18% in construction

• Denmark's tight labour market has not improved over the past six months
• Some 23% of recruitment attempts failed in iron, metals and automotive, and 18% in construction
• Daycare teachers, electricians, cooks, nurses and social and healthcare assistants had the most unsuccessful hiring attempts

JPMorgan Chase announces sixth layoff round as workforce grows by over 4,800

• JPMorgan Chase has announced a sixth round of layoffs, according to TheStreet
• The report says the workforce grew by more than 4,800 over the same period

Upwork announces earnings, guidance, CFO succession plan and Upwork Now hiring feature

• Upwork bundled earnings, new guidance, a CFO succession plan and the Upwork Now hiring feature into one update
• Shares are up 17.73% over 30 days but down 49.97% year to date
• The last close was $9.93

AI talent platform Mercor raises $750M Series D at $20B valuation

• Mercor raised a $750 million Series D round at a $20 billion valuation
• Investors include Nvidia and Salesforce
• CEO Foody said revenue run rate grew from $1 million to $3 billion in 27 months
• Funds will go to infrastructure and research

Semafor interviews UKG CEO Jennifer Morgan: reporter says she has not seen hourly jobs become much more vulnerable to AI

• In the Semafor reporter's summary (not a direct quote), Morgan has not seen hourly jobs become much more vulnerable to AI
• UKG said in October its platform can be reached from Anthropic, Google Gemini, OpenAI and other AI products, and launched a "UKG in Claude" beta; no separate OpenAI partnership announcement was found
• UKG says more than 65 million employees rely on it; per Semafor, Morgan has replaced about 80% of direct reports and 40% of the tier below

New Jersey lawsuit alleges Sutherland fired remote employee who refused about 160 AI webcam photos a day

• The lawsuit alleges Sutherland required daily AI webcam photos of a remote employee, about 160 a day
• The employee was fired after refusing; she said the monitoring could trigger lupus, and her doctor wrote to the employer
• These are allegations and have not been established

What employers should do: Assess privacy and health-related compliance risks before deploying remote employee monitoring tools; When employees raise health concerns about monitoring, verify and document how they are handled

SpaceX AI reportedly cuts about 60 staff on Grok Imagine team, sources say

• Sources say SpaceX's AI unit cut about 60 employees on Grok Imagine
• A few staff remain to keep the tool running; it is still available to users
• Sources say xAI is prioritizing AI coding tools and the Grok Bot agent

Employees use AI to generate complaints and lawsuits, straining HR investigations

• Employees increasingly use ChatGPT to draft internal complaints and lawsuits against employers
• Court filings have included AI-drafted complaints citing hallucinated case law
• AI-generated complaints can outpace HR's capacity to close internal investigations

What employers should do: Review internal complaint investigation timelines, including how to handle high volumes of complaints

Microsoft outage enters second day: HR teams urged to keep staff informed, scheduled and paid

• The Microsoft outage began Thursday and stretched into a second day, disrupting email, calendars and some Teams features
• Microsoft said server problems, not a cyberattack, were the cause; the outage began at 11:17 a.m. Eastern Time, centered on Exchange Online
• Experts advise HR teams to set up one clear backup channel

What employers should do: Set up one clear backup communication channel for staff

Nvidia employees call for Jensen Huang's return; pre-resignation internal post draws 1,600+ comments, Wired reports

• Nvidia's 8-K: the board accepted Huang's resignation as president, CEO and director on Nov. 11; announced Nov. 12
• Per Wired, an internal suggestion-box post submitted before his resignation has since drawn 1,600+ comments, several asking for his return
• Per Wired, about two dozen employees publicly backed him on LinkedIn within hours of the resignation

What employers should do: Watch how high-level leadership changes are communicated to staff and how employee feedback is handled

Principal survey: US business sentiment falls to 6.02 in October

• US business sentiment fell to 6.02 out of 10 in October, down 8% from July and the lowest since April 2025
• Small and midsize business sentiment was 5.28 versus 7.08 for large firms, the widest gap since March 2021
• 52% of surveyed companies said they were growing

What employers should do: Review hiring and staffing plans against your company's size and current sentiment levels

Microsoft suffers global outage weeks after offering voluntary buyouts to over a quarter of workforce

• Microsoft offered voluntary buyouts to more than a quarter of its workforce several weeks earlier
• Global Microsoft 365 outage affected Outlook, Copilot, Exchange Online and Teams; Downdetector showed over 140,000 users in 74 countries reporting issues
• Microsoft said it was not a cyberattack, but failing automated server health checks and elevated processor usage

EBRI survey: 90% of workers plan to stay, but half do just enough

• An EBRI survey finds 90% of workers plan to stay.
• Half of workers do just enough to get by.
• HR Executive reports that HR has time to act on employee feedback about pay, flexibility and benefits.