Philip M. Berkowitz

Littler Mendelson PC, New York

Jerry (Gongyu) Zhang

Littler Mendelson PC, New York

Introduction

US employment law continues to evolve rapidly, shaped by heightened regulatory enforcement, technological change, shifting workforce expectations and broader geopolitical pressures. For Chinese companies operating in or expanding into the US, employment-related decisions affecting US personnel often carry consequences that extend beyond local HR management and into corporate governance, regulatory disclosure and reputational risk.

Unlike jurisdictions with centralised employment regulation, the US operates under a layered system of federal, state and local laws. China‑headquartered enterprises – particularly those still building US compliance infrastructure – often encounter these risks for the first time when disputes arise, whether through immigration authorities, labour regulators, anti-discrimination agencies and sector-specific enforcement bodies. At the same time, employees enjoy broad access to private litigation, making employment disputes a frequent source of risk.

This article examines five areas where these dynamics are currently most visible: (1) the shift on DEI programmes; (2) immigration enforcement; (3) employee data protection; (4) return-to-work policy; and (5) whistleblower claims. Each section focuses on practical implications for employers rather than technical doctrine, with particular attention to issues that commonly arise for...

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