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.

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.

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 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.

The United States Department of Labor (DOL) has resolved a long-standing and frequently litigated issue under the Family and Medical Leave Act (FMLA): whether intermittent FMLA leave includes time spent traveling to and from approved medical appointments. In a January 2026 opinion letter, the DOL confirmed that such travel time is FMLA-protected. 

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.