EEOC Rescinds Harassment Guidance on Gender Identity: What Employers Need to Know

Employers are facing renewed uncertainty about workplace protections for gender identity after federal agency guidance was recently withdrawn. On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace, including portions addressing gender identity and sexual orientation. The guidance was intended to help employers understand how federal anti-discrimination law applies to modern workplace conduct, but it is no longer available on the EEOC website.

The EEOC emphasized that enforcement of federal anti-discrimination laws will continue notwithstanding the withdrawal of this specific guidance. Understanding what this development means for employers requires separating what the guidance did from what the underlying law is and remains.

The American Franchise Act: Re-Defining Joint Employer Liability

By Melissa L. Cizmorris and Thomas Y. Mandler on February 5, 2026 Posted in Employment Counseling & Workplace Claims Prevention, Uncategorized

Understanding joint employer liability is critical for companies in the franchise sector, as it directly impacts risk management and compliance. If the American Franchise Act (AFA) were enacted, it would provide significant guidance to franchisors and franchisees regarding the circumstances under which either party would be considered a joint employer, and thus potentially liable for employment law violations committed by the other party.

California’s Ban on “Stay-or-Pay” Provisions: What Employers Should Know Now That AB 692 Is in Effect

By Felipe Gomez on January 27, 2026 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention

With the start of the new year, California Assembly Bill 692 (AB 692) is now in effect, introducing sweeping new restrictions on employment agreements that include so-called “stay-or-pay” provisions — terms requiring employees to repay money or incur financial consequences if they leave employment before a specified period. These provisions have become increasingly common in connection with training programs, relocation benefits, and sign-on or retention incentives, and many employers are now reassessing whether their existing practices comply with the new law.

AB 692 reflects California’s longstanding public policy against contractual restraints that limit employees’ ability to pursue other work opportunities. Much like the state’s sweeping restrictions on non-compete agreements, the Legislature has made clear that imposing financial penalties at the time of termination is disfavored when they effectively discourage workers from changing jobs. Now that AB 692 has taken effect, employers should understand how it impacts offer letters, onboarding documents, and incentive arrangements used in 2026 and beyond.

New Mechanisms for Employers to Expand Employee Access to Fertility Benefits

By Colby Berman and Montaye Sigmon on January 26, 2026 Posted in Employee Benefits

Late last year, the Departments of Labor, Health and Human Services, and Treasury (collectively, the Departments) provided long-awaited guidance clarifying two new ways — in addition to the already-existing mechanisms — for employers to expand fertility benefit offerings. The Departments jointly published FAQs about Affordable Care Act Implementation Part 72 (FAQs), which implement President Donald Trump’s Executive Order 14216, Expanding Access to In Vitro Fertilization (IVF).

The FAQs address how the new options fit into the current regulatory framework established by the Affordable Care Act, Public Health Service Act (PHS Act), Employee Retirement Income Security Act (ERISA), and Internal Revenue Code (IRC). Below is a practical overview for employers interested in expanding access to IVF and related services through one of the two new options.

New U.S. DOL Opinion Letters Poised to Reshape Employers’ FLSA and FMLA Practices

By Andrew C. Karter on January 22, 2026 Posted in Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves

The United States Department of Labor (DOL) just rang in 2026 with six new opinion letters addressing various employer practices under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The letters cover a broad range of scenarios, including employer discretion to reclassify exempt employees, overtime calculations involving non-discretionary bonuses, compensability of pre-shift roll call time, partial overtime exemptions under collective bargaining agreements, the commission sales exemption (including the treatment of tips), and the calculation of FMLA leave during partial-week closures and for travel to medical appointments. These recent opinion letters are part of the DOL’s ongoing efforts to provide practical guidance as an additional compliance tool.

Brewed for Trouble: Starbucks’ $39M NYC Settlement Puts Predictive Scheduling Laws in the Spotlight

By Ayelén Rodriguez on January 7, 2026 Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour

In a landmark agreement, Starbucks Corporation has agreed to pay nearly $39 million to resolve allegations that it violated New York City’s Fair Workweek Law, sending a powerful message to employers nationwide about the risks of ignoring local predictive scheduling requirements. The settlement, announced by the city’s Department of Consumer and Worker Protection (DCWP) on December 1, 2025, is one of the largest of its kind and underscores the growing importance and complexity of compliance with scheduling ordinances.

How California Employers Can Prepare for New Employment Laws Taking Effect in 2026

By Thea Alli on December 23, 2025 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Wage & Hour

The 2025 legislative cycle in California once again produced several bills that substantially expand and reform employer obligations in the Golden State. These laws add new workplace notice requirements, broaden leave and rehiring protections, expand personnel file and recordkeeping obligations, and modify rules governing pay transparency, independent contractor status, and labor relations. Most provisions take effect in 2026, with some extending into 2027 and beyond.

Collectively, these laws add new layers of complexity to existing employer responsibilities, making it more important than ever for employers to proactively prepare for the 2026 changes. Below are key steps employers can take to get ready for these new requirements.

Social Media Scrutiny: What the New H-1B and H-4 Visa Policy Means for Your Workforce

By Denise Gavica Perez on December 9, 2025 Posted in Employment Counseling & Workplace Claims Prevention, Immigration Planning & Compliance

Beginning December 15, 2025, the U.S. Department of State (DOS) will significantly expand its social media screening practices to include all H-1B Nonimmigrant Worker visa applicants and their H-4 dependents applying for visas at U.S. Embassies and Consulates abroad. The H-1B visa allows U.S. employers to temporarily hire foreign workers for professional jobs that require specialized education, such as doctors, engineers, financial analysts, university professors, scientists, tech professionals, and others.

EEOC Powered Up: How Employers Can Level Up

By Debra M. Leder on November 25, 2025 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation

The EEOC is back on track, with a restored quorum, funding, and a well-defined agenda that aligns with the current administration’s policies. As the agency embarks on new policy initiatives, resumes rulemaking, and works to clear its case backlog, employers can take measures to ensure optimal preparedness.

NYC Expands Safe and Sick Time Requirements: What Employers Need to Know Before February 22, 2026

By M. Adil Yaqoob on November 25, 2025 Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves

New York City employers just received another compliance deadline to add to their calendars. On February 22, 2026—120 days after enactment—amendments to the Earned Safe and Sick Time Act (ESSTA) will significantly expand employee leave rights. The amendments add new categories of permissible leave, impose frontloaded annual leave obligations, and continue employer reporting requirements. While the changes are still weeks away, employers should start reviewing their existing policies, handbooks, and payroll systems now to avoid compliance gaps.

Below is a breakdown of the most significant changes and their practical implications.