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Key Federal Employment Law Developments for 2026: What Employers Need to Know

Key Federal Employment Law Developments for 2026: What Employers Need to Know

2026 is already shaping up to be an active year for federal employment law. Employers face new or updated compliance resources, posting obligations, and data‑related expectations that cut across wage and hour, leave, safety, and pay‑transparency rules.

This overview highlights notable federal changes and practical steps employers can take now.

1. Expanded Federal Compliance Assistance from the DOL

On January 26, 2026, the U.S. Department of Labor (DOL) released a package of new and revamped compliance assistance tools designed tomake it easier for employers to understand and meet their federal obligationsunder laws such as the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and others.

Key resources:
What this means for employers

These tools can help:

  • Clarify coverage thresholds (e.g., when FLSA, FMLA, or special wage rules apply).
    •  
  • Reduce risk of wage‑and‑hour violations and penalties.
    •  
  • Train HR, payroll, and frontline managers.

Employers can build these DOL resources into:

  • New‑manager training.
    •  
  • Annual HR compliance refreshers.
    •  
  • Internal audits of wage, timekeeping, and leave practices.
    •  

2. Federal Poster and Notice Requirements: 2026 Check‑Up

Federal posting requirements are not new, but 2026 is a good time to re‑audit postings given updated forms and increased enforcement focuson basic notice obligations. Many employers discover gaps during routine audits or when dealing with an agency complaint.

Core federal posters most employers should expect to have

Depending on coverage thresholds (number of employees, typeof work, federal contracts, etc.), employers may need to display:

Electronic posting for fully remote workforces

DOL guidance allows electronic posting to substitute for physical posters in certain circumstances. Employers can post required notices on an intranet or other electronic site if all of the following are met:

  • All employees work exclusively remotely.
  • Employees customarily receive employer information via electronic means.
  • Employees have constant, easy access to the electronic postings.

DOL electronic‑posting guidance:
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fab_2020_7.pdf

3. OSHA Injury and Illness Summary Posting (Form 300A)

The Occupational Safety and Health Administration (OSHA) haslong required many employers to keep records of work‑related injuries and illnesses. A key part of that system is the OSHA Form 300A, Summary of Work‑Related Injuries and Illnesses.

Annual posting requirement (unchanged, but often missed):

  • Who is generally covered?
       
    • Employers with 11 or more employees that are not exempt from OSHA’s recordkeeping rules.
    •  
  • What  must be done?
       
    • Complete the OSHA Form 300A summarizing the previous calendar year’s work‑related injuries and illnesses.
      •  
    • Post the 300A summary in a conspicuous location where employee notices are customarily displayed.
      •  
    • Posting window: From February 1 through April 30 of the year following the year covered by the form.

OSHA forms, including 300, 300A, and 301, can be found here:
https://www.osha.gov/recordkeeping/forms

‍4. Pay Transparency and Employee Wage Discussions

Federal law continues to emphasize protections for employees who discuss compensation.

National Labor Relations Act (NLRA) protections

Under the NLRA, covered private‑sector employers generallymay not:

  • Prohibit employees from:
       
    • Asking co‑workers how much they earn.
      •  
    • Discussing their own wages, benefits, or working conditions.
      •  
    • Sharing wage information with others.
    •  
  • Discipline,threaten, or retaliate against employees for discussing pay in most circumstances.

Coverage guidance:
https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/jurisdictional-standards

NLRA statutory text:
https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act

These rights apply to most non‑supervisory employees,whether or not they are unionized.

Pay transparency for federal contractors and subcontractors

Federal contractors and subcontractors face additional obligations regarding pay transparency:

  • Employers holding:
       
    • A single federal contract or subcontract over $10,000, or
      •  
    • Multiple federal contracts/subcontracts totaling more than $10,000 in a 12‑month  period
           must post a Pay Transparency Non-discrimination Provision notice.
    •  
  • The notice explains that employees will not be discharged or discriminated against for:
       
    • Inquiring about their own pay.
      •  
    • Discussing or disclosing their wages.
      •  
    • Discussing or disclosing the wages of other employees.

Model pay‑transparency non-discrimination provision(commonly used format):
https://humanresources.columbia.edu/sites/default/files/content/Benefits/Pay%20Transparency%20Notice%20OFCCP.pdf

5. Federal “Baseline” Policies and Benefits to Reconfirmin 2026

While many of the core federal rules are longstanding, 2026 is a sensible time to check that handbooks and standalone policies still alignwith federal expectations, given active agency enforcement and evolving state overlays.

At the federal level, employers typically need to ensurethey have compliant coverage for (based on size and operations):

  • Americans with Disabilities Act (ADA) compliance
       
    • Applies to private employers with 15 or more employees nationwide.
      •  
    • Requires reasonable accommodation of qualified individuals with disabilities and prohibits discrimination.
      •  
    • ADA overview: https://www.ada.gov
    •  
  • Equal  Employment Opportunity (EEO) / anti‑discrimination
       
    • Core federal statutes (Title VII, ADEA, ADA, GINA, etc.) prohibit discrimination and retaliation based on protected characteristics and protected activity.
  • Family and Medical Leave Act (FMLA) (for covered employers)
       
    • Generally covers employers with 50+ employees for 20+ weeks in the current or preceding calendar year.
      •  
    • Required to:
         
      • Provide job‑protected leave for specified medical and family reasons.
        •  
      • Maintain group health benefits during leave.
        •  
      • Use and distribute the official FMLA poster.
      •    
    • The DOL’s FMLA page (including forms and the 2026 video series) is here:
           https://www.dol.gov/agencies/whd/fmla
    •  
  • Jury duty leave
       
    • Federal protections prohibit firing or otherwise penalizing employees because of federal jury service, with overlapping state‑law protections.
    •  
  • Military service leave (USERRA)
    •  
  • Sexual harassment prevention
       
    • Federal law treats severe or pervasive harassment based on sex as a form of unlawful discrimination.
      •  
    • Even where not strictly required by federal law, clear written harassment policies and training are considered baseline best practice and may be mandated by state or local law.
    •  
  • Lactation accommodation
       
    • Federal law requires covered employers to provide reasonable break time and a private, non‑bathroom space for employees to express breast milk.
      •  
    • The DOL’s PUMP Act resources give updated federal guidance:
           https://www.dol.gov/agencies/whd/pump-at-work
    •  
  • Religious accommodations
       
    • Employers covered by Title VII must reasonably accommodate employees’ sincerely held religious beliefs and practices absent undue hardship.

6. Using Federal Tools to Keep Up with Changes

To manage 2026 changes efficiently, employers can:

7. Practical 2026 Action Items for Employers

To close the loop, employers can consider the followingchecklist for 2026:

  • Audit  posters and electronic notices
       
    • Confirm all required federal posters are current and correctly displayed (physical and/or electronic).
      •  
    • Confirm federal contractor‑specific postings (if applicable) are up to date, including the Pay Transparency Nondiscrimination Provision.
  • Confirm OSHA 300A posting workflow
       
    • Identify responsible person(s) to complete Form 300A.
      •  
    • Calendar February 1 – April 30 each year for posting
    •  
  • Review  handbooks and core policies
       
    • Ensure coverage of:
         
      • Anti‑discrimination / harassment (including sexual harassment).
        •  
      • ADA and religious accommodations.
        •  
      • FMLA (if covered).
        •  
      • Military leave (USERRA) and jury duty protections.
        •  
      • Lactation accommodation
    •  
  • Reinforce  pay‑discussion rights
       
    • Check offer letters, handbooks, confidentiality policies, and severance agreements for language that could be read to restrict wage discussions, especially for non‑supervisory staff.
    •  
  • Integrate  new DOL resources into training
       
    • Use 2026 DOL videos and toolkits for manager and HR training on wage and hour, leave, and posting requirements.

8. How In2America Helps Employers Stay Compliant

As a PEO and co-employer, In2America helps clients stay ahead of exactly these kinds of evolving federal requirements by taking compliance tracking out of the reactive category and into a managed, ongoing process. We continuously monitor:

·        Changes to employment law, posting and noticeobligations

·        Wage-and-hour rules

·        Leave requirements

·        Agency guidance

We translate these into proactive actions for your business, such as:

·        Updated policies and handbooks

·        Compliant postings (physical and electronic)

·        Payroll and HR system updates

·        Hands-on guidance from specialists

We understand how federal baselines interactwith state-specific overlays. The result is not just risk reduction, butconfidence our clients can focus on growth and hiring in the U.S., knowing that compliance obligations are being actively tracked, interpreted, and operationalized by a partner that is accountable as a co-employer, not left to chance or last.

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