Compliance Round Up – EEOC Guidance Rollbacks, State Family Leave Expansions, Workplace Monitoring Laws, and Court Decisions

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Written By
Jennifer Kiesewetter

Jenny Kiesewetter is a practicing ERISA and employee benefits attorney who partners with HR teams on a wide range of workplace compliance matters — from benefit-plan obligations to day-to-day HR policies and regulatory requirements. Her guidance helps employers spot risks early, navigate regulatory change, and make informed decisions that support both employees and the organization.

January keeps HR teams busy. Federal policies are changing direction, states are adding new employee protections, and courts are setting clearer limits on what employers can be held liable for. Compliance strategies from earlier this year may already be outdated.

This second January issue covers changes that affect operations right now. Several take effect in early 2026 or have approaching deadlines — there’s not much time to prepare. The topics range from leave policies and workplace monitoring to harassment rules and lawsuit risks, but the takeaway is consistent: employers need to know what changed and how it affects daily decisions.

Federal News

Effective Date: January 22, 2026

What’s Changing:

The Equal Employment Opportunity Commission (EEOC) formally rescinded its 2024 Enforcement Guidance on Harassment in the Workplace. That guidance had outlined how the agency interpreted and investigated harassment claims under Title VII, including issues related to sexual orientation, gender identity, pregnancy-related conditions, and evolving workplace dynamics.

The rescission does not change the underlying law or existing court precedent. Title VII protections remain in effect, but the EEOC has rescinded its extensive anti-harassment guidance, signaling a change in how the agency sets its enforcement priorities and how it may pursue certain harassment claims.

What This Means for HR:

  • Do not scale back anti-harassment policies, reporting mechanisms, or training programs. The legal standards applied by courts have not changed.
  • Expect greater variability in how harassment charges are investigated, particularly in cases involving newer theories or politically sensitive issues.
  • Focus on consistent investigations, well-documented findings, and proportional corrective action. When agency guidance shifts, a clean process matters more than ever.

Effective Date: Final Rule Issued on January 15, 2026 (with additional deadlines applying throughout 2026 and 2027)

What’s Changing?

OSHA extended several compliance deadlines under its revised Hazard Communication Standard, which was last updated in 2024. One near-term deadline was imminent: chemical manufacturers, importers, and distributors originally had until January 19, 2026, to evaluate certain substances. That deadline is now May 19, 2026.

OSHA also extended employer-facing deadlines for alternative workplace labeling, updates to written hazard communication programs, and employee training for newly identified hazards, with most of those obligations now pushed into late 2026. Manufacturer- and mixture-related requirements extend further into 2027 and 2028. The agency emphasized that the delays reflect implementation timing and pending guidance, not a change to the substance of the standard.

What This Means for HR:

  • Treat the extensions as planning time, not a pause. The updated Hazard Communication Standard remains in effect.
  • Coordinate with safety and environmental teams to map revised deadlines, particularly for labeling updates and training requirements that now extend into late 2026.
  • Confirm that vendors and suppliers are tracking the new timelines so labels and safety data sheets align with OSHA’s updated requirements.

Effective Date: Executive order issued on December 18, 2025; rulemaking ongoing

What’s Changing?

On December 18, 2025, President Trump signed an executive order directing the attorney general to expedite the rulemaking process to reschedule marijuana from a Schedule I drug to a Schedule III drug under the Controlled Substances Act. This directive builds on the Biden administration’s April 2024 proposal to reclassify marijuana and accelerates the timeline for final agency action.

If finalized, the change would significantly reduce regulatory barriers for medical research and could accelerate policy shifts at the state level, increasing employee expectations and accommodation-related questions before employer obligations formally change. Until rulemaking is complete, marijuana remains classified as a Schedule I substance under federal law.

What This Means for HR:

  • Begin reviewing drug testing and substance abuse policies with a forward-looking lens, especially for safety-sensitive positions.
  • Train managers on impairment-based decision-making and proper documentation. Scheduling debates do not eliminate workplace safety obligations.
  • Prepare for employee questions and accommodation requests, particularly in states with existing marijuana protections that already limit employer discretion.

Effective Date: February 2026 Visa Bulletin

What’s Changing?

The State Department’s February 2026 Visa Bulletin shows modest advancement in the EB-3 employment-based category for many countries. China (mainland) and India remain subject to significant backlogs, with little to no forward movement. Processing delays and per-country caps continue to drive uncertainty for employment-based immigration timelines.

What This Means for HR:

  • Build longer lead times into workforce planning assumptions tied to permanent residence sponsorship.
  • Coordinate early on extension strategies for temporary work authorization to avoid last-minute disruptions.
  • Communicate clearly with impacted employees. Transparency around timing reduces attrition risk and employee frustration.

Trending State News

Effective Date: Beginning on or about July 17, 2026

What’s Changing?

New Jersey enacted a major expansion of the New Jersey Family Leave Act (NJFLA). The amendments (A3451/S2950) broaden coverage, strengthen job-protection provisions, and further align state-protected leave with the state’s paid family leave benefits. The changes reduce gaps that previously allowed employees to receive wage replacement without guaranteed job protection. As a result, more employees will now qualify for protected leave, and employers will face fewer situations where paid leave and job protection operate on separate tracks.

What This Means for HR:

  • Review leave policies now to ensure alignment with expanded NJFLA requirements before the effective date.
  • Revisit coordination between federal Family and Medical Leave Act obligations, state leave protections, and employer-provided benefits.
  • Train managers on eligibility and reinstatement rules. Errors at the front end of leave administration often create the greatest risk.

Effective Date: 90 days after the Maine Legislature adjourns its 2026 session (expected April or May 2026)

What’s Changing?

Maine enacted legislation regulating workplace electronic monitoring, including notice requirements for employers using tools that track employee activity, location, or productivity. The law adds Maine to a growing list of states imposing guardrails around workplace surveillance, including Connecticut, Delaware, and New York. Even monitoring tools adopted for security, efficiency, or remote-work oversight may now trigger notice and documentation obligations.

What This Means for HR:

  • Inventory all monitoring tools currently in use, including productivity software, GPS tracking, and device monitoring.
  • Confirm that required notices are provided, acknowledged where required, and properly documented.
  • Expect more states to follow. Multistate employers should consider standardizing monitoring disclosures rather than managing compliance on a state-by-state basis.

Effective Date: Mid-March 2026

What’s Changing: 

On January 12, 2026, New Jersey enacted additional amendments to the Public Works Contractor Registration Act regarding the utilization of apprentices and length-of-service standards for prevailing wage projects. The changes increase documentation obligations and narrow flexibility in workforce composition. Employers can no longer assume that existing apprenticeship arrangements automatically satisfy prevailing wage requirements.

What This Means for HR:

  • Review apprenticeship programs and subcontractor relationships tied to prevailing wage work.
  • Confirm that documentation and tracking processes can withstand audit scrutiny.
  • Coordinate with procurement and project management teams to ensure compliance obligations are appropriately flowed down.

Effective Date: Distribution begins February 1, 2026

What’s Changing: 

The California Labor Commissioner issued a revised “Know Your Rights” model notice (English/Spanish) reflecting recent legislative changes and expanded worker protections. Beginning February 1, 2026, and every year thereafter, California employers must post the updated notice and distribute it to employees, including remote workers. The revised notice places increased emphasis on immigration-related rights, employee protections during law enforcement or government inspections, and expanded labor law protections. Using outdated postings can trigger penalties even when no underlying wage or hour violation exists.

What This Means for HR:

  • Update physical and electronic postings promptly.
  • Confirm required translations are available and distributed to all covered employees.
  • Treat posting compliance as a standing checklist item. California enforcement often begins with notice violations.

Around the Courts

Effective Date: November 5, 2025 decision

What’s Changing:

In 2024, the U.S. Supreme Court ruled in Muldrow v. City of St. Louis that employees bringing certain Title VII discrimination claims do not need to show a materially adverse employment action, such as a significant pay cut or demotion, to proceed with their case. Instead, an employee must show some harm to the terms or conditions of employment. The decision lowered the threshold for certain discrimination claims involving job changes or assignments.

In a November 2025 decision, the Tenth Circuit clarified that this relaxed standard does not apply to hostile work environment claims. The court confirmed that employees alleging harassment must still show conduct that is severe or pervasive enough to alter the conditions of employment. Routine workplace disputes, personality conflicts, or isolated incidents remain insufficient on their own.

What This Means for HR:

  • Courts continue to apply different legal standards depending on the type of claim. A standard that applies to job transfers or assignment changes does not automatically apply to harassment allegations.
  • Not every complaint will meet the legal definition of a hostile work environment, but that does not eliminate the need for prompt and appropriate internal responses.
  • Employers should continue addressing concerns early and consistently. Waiting to act until conduct becomes “severe or pervasive” increases risk, even if a claim might not survive in court.

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