Labor & Employment Developments Blog

An often overlooked benefit provided by private-sector employers is paid federal and state holidays. Though many do so, private-sector employers generally are not required to: close, provide paid time off, pay a holiday premium, or treat holiday hours as “hours worked” for overtime calculations.

On May 14, 2026, the Equal Employment Opportunity Commission submitted plans to the White House for a proposed rule that would eliminate the longstanding requirement that large employers report workplace demographics through the EEO-1 Component 1 report. While a formal proposal has not yet been announced, the move signals a significant potential shift in federal employment data collection.

On April 22, 2026, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking aimed at clarifying when multiple entities may be considered “joint employers” under federal wage and hour laws. If finalized, the rule would create a single, more uniform standard under the Fair Labor Standards Act (FLSA) and align that analysis with the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA), marking a significant step toward consistency across these statutes.

Many employers include mandatory arbitration agreements as a standard part of onboarding, expecting that workplace disputes will be resolved outside of court.  A recent decision from the Sixth Circuit, however, underscores an important—and expansive—limitation on those agreements when sexual harassment is alleged.

Most employers understand that unfair labor practices during a union organizing campaign carry significant legal consequences. In recent years, the National Labor Relations Board (NLRB) had ordered employers who engaged in unfair labor practices to bargain with a union regardless of whether the union won the election. In a decision issued on March 6, 2026, the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) limited the NLRB’s ability issue such bargaining orders, rejecting the NLRB’s recently announced Cemex framework for ordering employers to recognize and bargain with unions.

Federal labor and employment standards continue to shift as agencies revisit rules issued over the past several years. For HR professionals, staying current on these developments is critical to managing compliance risk and workforce strategy.

Doing business in California has always been a daunting task for employers because of California’s onerous regulations for employers. Now that we are nearly two months into 2026, it is important to ensure you are complying with the most recent regulations.

On February 11, 2026, the EEOC released guidance addressing telework as a reasonable accommodation under the Rehabilitation Act and Americans with Disabilities Act (“ADA”), providing a framework for employers managing return-to-office requests. The guidance clarifies that telework may be required as a reasonable accommodation when it is necessary for an employee to perform the essential functions of the position or to access equal employment opportunities and benefits. It further explains that telework is not required where the essential functions must be performed on-site or where the request is based solely on preference or on general symptom management. The guidance also affirms employers may re-evaluate and modify or discontinue previously approved telework arrangements through the interactive process.

The U.S. Equal Employment Opportunity Commission (EEOC) has voted to rescind its anti-harassment guidance that previously stated misgendering employees could constitute unlawful discrimination under Title VII of the Civil Rights Act of 1964. The decision marks a significant rollback of Biden-era workplace protections for LGBTQ+ employees and continues a broader shift in federal enforcement priorities under the second Trump administration.

The Equal Employment Opportunity Commission (EEOC) has eliminated any remaining uncertainty about its 2026 enforcement priorities regarding diversity, equity, and inclusion programs. In a December 18, 2025 interview with Reuters, EEOC Chair Andrea Lucas emphasized the EEOC’s position that workplace initiatives using race, sex, or other protected characteristics as “motivating factors” in employment decisions are unlawful under Title VII of the Civil Rights Act. Chair Lucas also clearly signaled that employers maintaining such initiatives can expect to be subject to investigations, enforcement actions, and litigation throughout 2026. This announcement is in furtherance of executive orders issued by President Trump and guidance released by the EEOC and the Department of Justice (DOJ) in 2025, which effectively outlawed the majority of DEI programs.