Labor & Employment Developments Blog

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.

As the new year begins, employers once again face a shifting labor and employment legal landscape. With Congress continuing to delay adoption of a comprehensive federal paid family and medical leave framework, states and local governments have accelerated their own efforts. In 2026, several state-mandated paid leave laws will take effect for the first time, while others will expand in scope, duration, or eligibility. For employers, particularly those operating in multiple jurisdictions, these developments increase compliance obligations, administrative complexity, and litigation risk.

A long-standing federal hiring incentive is coming to an end in 2025. Unless extended by Congress, the Work Opportunity Tax Credit (“WOTC”), a program that has provided employers with a predictable tax credit for hiring individuals facing significant barriers to employment, will expire on December 31, 2025.[1] This credit has been part of many employers’ staffing, budgeting, and tax-planning strategies for nearly three decades. Its potential sunset will require employers to evaluate current practices and prepare for changes to their 2026 cost structures.

In November 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document titled “Discrimination Against American Workers Is Against the Law” and updated its webpage on the topic.  The new materials underscore the EEOC’s position that Title VII of the Civil Rights Act protects all workers from discriminatory conduct including American workers.  Further, the new release is consistent with the recent focus on perceived anti-American bias.  

The Equal Employment Opportunity Commission (“EEOC”) is poised to elevate its focus on religious discrimination in the workplace and employers should be alert. With its newly restored quorum allowing Acting Chair Andrea Lucas to move forward with more aggressive enforcement, the agency is expected to pursue a broader litigation agenda emphasizing religious accommodation rights under Title VII. In 2025 alone, the EEOC filed 11 religious discrimination suits, the highest in nearly a decade. Lucas credited the agency’s “tremendous wins” in defending religious ...

Social media has become an unavoidable part of society and an unavoidable issue in the workplace. While online posts may seem personal, a single tweet, post, or comment can quickly escalate into a workplace issue. With more than 70% of Americans active on at least one social media platform, employers should ensure their social media policies are carefully drafted to protect business interests while preserving employee rights.

Recently, a federal court in the Northern District of California issued an important ruling in the closely followed Mobley v. Workday putative class action lawsuit alleging that Workday, a cloud-based software vendor specializing in financial management and human capital management, violated federal discrimination laws. In the lawsuit, the plaintiffs claim Workday’s AI hiring platform screens out applicants over age 40 in violation of the Age Discrimination in Employment Act (“ADEA”).

On July 4, 2025, President Donald Trump signed the “One Big Beautiful Bill” into law. Among its sweeping provisions are two significant changes for wage and hour compliance that employers should be aware of: the creation of federal income tax deductions for employee tips and certain overtime compensation. Both changes are poised to impact businesses and workers beginning in the 2025 tax year and lasting until 2028

On May 20, 2025, the Occupational Safety and Health Administration (OSHA) updated its Site-Specific Targeting (SST) inspection program. The SST inspection program is OSHA’s primary planned inspection initiative for non-construction workplaces with 20 or more employees. The updates are expected to increase on-site inspections in highly regulated sectors, such as warehousing, transportation, distribution, and healthcare. For non-construction workplaces, this update marks a significant shift in how OSHA prioritizes enforcement, relying more heavily on employer-reported injury and illness data or the lack thereof.

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964 (“Title VII”). Emboldened by the Supreme Court’s decision in Muldrow v. City of St. Louis, 601 U.S. 346 (2024), employees have alleged that common employment practices from performance improvement plans (“PIPs”) to negative performance reviews left them “worse off,” and thus, constitute actionable adverse employment actions under Title VII. These claims have caused many employers to reconsider their past practices and policies.