Labor & Employment Developments Blog

On October 6, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) submitted a draft proposal to rescind its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII (“Guidance”). The proposed rescission is part of a broader federal shift from disparate impact theories that began in 2025 and comes on the heels of the EEOC’s June 2026 vote to rescind its affirmative action guidelines. While the change would signal new enforcement priorities for the agency, employers would still need to comply with federal, state, and local laws.

Most employers understand that employees who take or formally request leave under the Family and Medical Leave Act (FMLA) are protected from retaliation. In a decision issued on May 14, 2026, the Sixth Circuit (covering Kentucky, Michigan, Ohio, and Tennessee) clarified that those protections may begin even earlier. In Paris v. MacAllister Machinery Co., the Court held that an employee’s request for FMLA paperwork may constitute protected activity – even if the employee never completes or returns the paperwork.

On June 4, 2026, the Equal Employment Opportunity Commission (“EEOC”) approved its new National Enforcement Plan (“NEP”) for Fiscal Years 2025–2029, replacing the agency’s prior Strategic Enforcement Plan. The NEP establishes the EEOC’s nationwide enforcement priorities and signals a significant shift in how the agency intends to investigate and litigate employment discrimination claims. Although the NEP applies to employers across industries, its implications may be particularly significant for health care organizations, many of which operate federally funded workforce programs or maintain longstanding diversity initiatives.

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 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.

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 ...