Workplace Law After Loper: What's Next? (Podcast)

The IRS has released Revenue Procedure 2026-24, establishing new inflation-adjusted limits for Health Savings Accounts and high-deductible health plans effective in 2027. These updates include increased contribution limits, higher minimum deductibles, and expanded out-of-pocket maximums, along with new provisions for direct primary care service arrangements under the One, Big, Beautiful Bill Act. How will these changes impact employee benefit planning and healthcare coverage strategies?

The U.S. Department of the Treasury and IRS recently issued temporary regulations that provide an immediately effective framework for establishing and administering “Trump Accounts,” including broad automatic enrollment and large-scale contributions funded by governmental and charitable donors. The regulations became effective September 30, 2026, apply to taxable years beginning on or after January 1, 2026, and expire September 30, 2029.

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.

The Trump Administration has launched an unprecedented enforcement action suspending permanent labor certification processing for eight major employers, linking immigration sponsorship to layoff histories and recruitment practices. This development signals a fundamental shift in how the government evaluates employer access to H-1B and green card programs, with investigations already underway and subpoenas served.

The Proposed Rule largely restores the 2021 independent contractor final rule issued during the first Trump Administration.

Former employees in California may still have legal options to report sexual harassment that occurred during their employment, even after quitting or being terminated. Understanding filing deadlines, evidence preservation, and retaliation protections is crucial for workers considering legal action against workplace misconduct.

On March 27, 2026, the U.S. Department of Labor (DOL) published a notice in the Federal Register seeking to restructure the calculation used to issue prevailing wages for employers seeking to hire temporary foreign employees...

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st

While it’s difficult to think about winter and the new year as we swelter through our hottest weeks of the year, the approach of Q4 means that California employers are budgeting for 2027.

In July 2026, the Department of Labor’s internal watchdog (its Office of Inspector General) said it is investigating fraud and worker abuse (such as fake applications and schemes where workers are forced to pay back part of their wages) in the H-1B program and the PERM green card process.

A federal court’s injunction over the DHS fixed-period admission rule nationwide means the existing duration-of-status (D/S) framework for F-1 international students and J-1 exchange visitors will remain in place while litigation continues.

On Sept. 11, 2026, the Department of Homeland Security (DHS) published a proposed rule that would eliminate the discretionary 60-day grace period currently available to many employment-based nonimmigrants following the termination of their employment.

The Department of Homeland Security has proposed imposing fees of $70,000 for initial Optional Practical Training periods and $30,000 for subsequent periods including STEM extensions, with schools bearing the direct cost burden. The proposal aims to combat fraud and abuse within the OPT program while protecting U.S. workers, but could significantly impact international student hiring strategies and the availability of OPT talent for employers.

The State Department is pausing immigrant visa interview appointments while consular officers receive updated public-charge training. The agency has not publicly announced the duration or precise scope of this pause.

On Oct. 14, 2026, the Department of Homeland Security (DHS) issued an interim final rule (IFR), effective immediately, cutting the time a refugee has to respond to a Notice of Intent to Terminate (NOIT) refugee status from 30 days to 10 days. 91 Fed. Reg. 65077. Comments are due Nov. 13, 2026 (Docket No. USCIS-2026-0397).

The Proposed Rule largely restores the 2021 independent contractor final rule issued during the first Trump Administration.

U.S. consulates abroad have recently begun postponing a wide range of H‑1B and H‑4 visa interviews, resulting in significant delays in visa processing.

OSHA's revised Hazard Communication Standard requires covered employers to update chemical labels, written hazard communication programs, and employee training by November 20, 2026. The revisions align with the UN's Globally Harmonized System and introduce new hazard classifications, downstream use considerations, and updated requirements for compressed gases and aerosols. Employers must navigate separate compliance timelines for chemical mixtures while ensuring their workplace practices meet the updated st

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.

In July 2026, the Department of Labor’s internal watchdog (its Office of Inspector General) said it is investigating fraud and worker abuse (such as fake applications and schemes where workers are forced to pay back part of their wages) in the H-1B program and the PERM green card process.