Federal Labor and Employment Agencies Have a Busy Rulemaking Agenda. What Do Employers Need to Know?Federal agencies had a quiet year in 2025, at least when it comes to rulemaking. But that will likely change in 2026: the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB) are all expected to propose significant rules. But what will these rules mean? Which ones will create new requirements? Which ones will provide guidance? And what steps will they go through before they’re final? This primer answers those questions. Read More |
Deepfakes in the Workplace: The Emerging Legal Risks of AI-Driven HarassmentA California appellate court recently affirmed a jury verdict awarding $4 million to a police captain who was subjected to a hostile work environment after a sexually explicit, AI-generated image resembling her was widely circulated in the workplace, holding that the dissemination of such fabricated content constituted unlawful harassment under California law. In a separate case, a Washington State trooper filed suit alleging that a supervisor used AI to create and circulate a deepfake video of him intimately kissing a coworker; the officer is suing his employer for discrimination, retaliation, and invasion of privacy. These high-profile incidents highlight a disturbing trend: AI-generated content—especially deepfakes—is emerging as a powerful new form of workplace harassment. Read More |
DOL Opinion Letter Confirms Bonuses Under Predetermined Pay Plans Must Be Included in Regular RateOn January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued Opinion Letter FLSA2026-2, addressing whether certain “Safety, Job Duties, and Performance” bonuses may be excluded from an employee’s regular rate of pay when calculating an employee’s overtime premium under Section 7(e) of the Fair Labor Standards Act (FLSA). The short answer: they cannot, at least under the circumstances analyzed in the opinion letter. Read More |
DOL Opinion Letter Offers Reminders on Exempt Classification DecisionsOn January 5, 2026, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2026 1, addressing whether an employer may classify an employee as non-exempt even when the employee satisfies the educational and job duties requirements of the Fair Labor Standards Act’s (FLSA) learned professional exemption. Read More |
New York Legislature Introduces Chapter Amendment to Trapped at Work ActAs previously covered, the New York Legislature voted in favor of the Trapped at Work Act in July 2025. As passed by the New York Legislature, the Trapped at Work Act would broadly prohibit use of promissory notes that require workers to repay amounts to employers if they leave their jobs before staying a minimum specified period, with certain specified exceptions. On December 19, 2025, Governor Hochul signed the Trapped at Work Act into law, making it effective immediately. She noted, however, that it was “ambiguous in important respects, and would have prohibited certain voluntary tuition assistance programs that provide real benefits to their participants.” As a result, the governor signed the bill into law via a “Chapter Amendment”—a New York legislative tool whereby the governor signs a bill into law on the condition the legislature make amendments to the law as written in the next legislative session. Read More |
DOL Clarifies Application of Minimum Wage and Tips Under the FLSA’s Commissioned Employee Overtime ExemptionOn January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued an opinion letter (FLSA2026-4) clarifying how employers should apply the Fair Labor Standards Act’s (FLSA) Section 7(i) overtime exemption for certain commissioned-paid employees. The letter addresses two questions that frequently arise in federal wage-and-hour litigation and in compliance audits: (1) Whether the federal minimum wage or a higher state minimum wage must be used when determining whether an employee satisfies Section 7(i)’s minimum pay requirement; and (2) Whether and to what extent employee tips must be counted when determining whether an employee is primarily paid by commissions for purposes of Section 7(i)’s requirements. Read More |
Determining Work Authorization for Employees on TPS and Humanitarian Parole – Updated January 7, 2026The Trump administration has enacted significant policy changes impacting individuals authorized to work under various immigration programs, including Temporary Protected Status (TPS), humanitarian parole, and the CHNV programs. We created a chart intended to assist employers in determining the work authorization status of employees who have presented an Employment Authorization Document (EAD) issued by the Department of Homeland Security (DHS) under one of these programs. This chart has been updated to note developments concerning Afghanistan, El Salvador, Ethiopia, Honduras, Lebanon, Nepal, Nicaragua, Somalia, Syria, and Ukraine. Read More |
DOL Issues Opinion Letter Regarding Compensability of Pre-Shift Activities Covered by a Collective Bargaining AgreementOn January 5, 2026, the U.S. Department of Labor (DOL) issued an opinion letter addressing whether an employer and union could enter into a collective bargaining agreement (CBA) that mandates a 15-minute “roll call” before each shift but excludes that time when calculating overtime premiums under the Fair Labor Standards Act (FLSA). The opinion letter contains important reminders about the compensability of certain pre- and post-shift work activities as well as partial overtime exemptions available to unionized employers. Read More |
NYSDOL Issues Guidance on Healthy Terminals Act Amendments Effective January 1, 2026In September, we published an article outlining amendments to New York’s Healthy Terminals Act (HTA). The amended HTA revises certain wage, health and welfare, and leave entitlements for covered workers at JFK and LaGuardia Airports. The amendments were included as part of New York State’s budget for the 2026 fiscal year. On December 22, 2025, the New York State Department of Labor (NYSDOL) issued implementation guidance on its website, including FAQs that provide some guidance on coverage, wage and benefit requirements, and compliance obligations. Read More |
Sign-up for HelpDeskforHR.com HERE and Save $200!
Here is what you will get:
- Boss Calls™ – Access to EVERY Boss Call™ – Past & Future.
- HelpDesk for HR VAULT – Access to all 15 of our proprietary tools and applications to make your workday simple.
- Forms, Docs, Policies and Procedures Library – 700+ samples you can download and edit to fit your needs.
- U.S. ePoster Club – Download state, city, and local posters. Both required & recommended, for all 50 states & D.C.
- Same-day email support – Write to our team of SPHR and SCP professionals with all your HR questions.
- More!
