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Navigating HR in 2026: Compliance

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As we continue our 2026 HR series, one theme stands out clearly: compliance is becoming more complex, more visible, and more linked with everyday people decisions. From legal guidance to expanded employee sick time and leave laws, employers are shifting their focus and looking for ways to navigate the compliance landscape.

Posting Requirements/Notices

Labor law posting requirements are evolving as regulations expand employee rights. Staying compliant means more than hanging posters on a breakroom wall. Employers must monitor new laws, update notices, and meet digital requirements for remote workforces. Organizations should review postings for accuracy and accessibility, as many revised labor law notices took effect January 1, 2026.

Federal Posting Updates

Covered employers with 11 or more employees at any point during 2025 must post the Occupational Safety and Health Administration (OSHA) Form 300A — Summary of Work-Related Injuries and Illnesses — from February 1, 2026 through April 30, 2026. This requirement applies even if the organization did not experience any recordable workplace injuries or illnesses during 2025.

State and Local Posting Requirements

States and municipalities have labor law poster mandates in addition to federal notices. These postings cover topics like minimum wage, overtime, paid leave, workers’ compensation, unemployment contacts, child labor, anti-discrimination, and local ordinances. Here are a few updates employers should note:

  • California: Expanded employee access to personnel records now includes education and training documentation. Additionally, updates to the pay data reporting law require employers with 100 or more employees to store demographic information collected for reporting separately from personnel files.
  • Pennsylvania: Effective January 1, 2026, employers with more than 50 full-time employees must post a Department of Labor notice outlining federal and state veterans’ benefits and services. The notice must include contact information for the U.S. Department of Veterans Affairs Crisis Line and county directors of veterans affairs.
  • Oregon: New hire notice requirements require employers to provide a written explanation at the time of hire that includes the regular pay period, eligible pay rates, deductions and contributions, allowances applied toward minimum wage, employer-provided benefits that may appear on payroll, and descriptions of all payroll codes used.

Pay Transparency and Job Posting Requirements

States such as California, Illinois, and Massachusetts are expanding pay transparency laws. Employers may need to include salary ranges, pay scales, and benefits in job postings. This adds compliance factors for recruiting and hiring.

Looking Ahead

As 2026 progresses, employers should expect continued legislative activity impacting labor law postings. More states are exploring digital posting requirements, with Ohio leading early discussions, and mid-year updates to posters remain common due to changes in minimum wage laws, paid leave programs, and labor relations regulations.

Expanding Sick/Paid Leave Laws

Although federal law does not require employers to provide paid sick leave, a growing number of states and local jurisdictions continue expanding leave entitlements and protected time off. In 2026, employers are seeing significant updates to paid sick leave, paid family and medical leave (PFML), and job-protected leave laws. These laws may broaden eligibility, add reasons for leave, or launch new programs. Multi-state employers should review policies, handbooks, and payroll for compliance. Here are some notable leave developments for 2026.

More than a dozen states now have sick leave or paid family leave laws, and many introduced important updates effective in 2026. Key highlights include:

  • California: Effective January 1, 2026, California enacted the Crime Victim Leave law, allowing employees who are victims of certain crimes, or who have family members who are victims, to take unpaid, job-protected leave to attend related judicial proceedings.
  • Connecticut: Effective January 1, 2026, amendments to Connecticut’s sick leave law expanded coverage by lowering the employer threshold from 25 employees to employers with 11 or more employees.
  • Colorado: Colorado’s Paid Family and Medical Leave Insurance (FAMLI) program now provides an additional 12 weeks of leave when an employee’s child requires inpatient care in a neonatal intensive care unit (NICU), increasing the potential total leave entitlement to up to 28 weeks in a 12-month period.
  • Delaware: Under the Healthy Delaware Families Act, effective January 1, 2026, employees may take up to 12 weeks of paid leave annually to bond with a new child and up to 6 weeks for their own serious health condition or to care for a family member with a serious medical condition. The law also prohibits employers from requiring employees to exhaust accrued PTO before accessing PFML benefits.
  • Illinois: Effective June 1, 2026, employers with 16 or more employees must provide unpaid, job-protected leave for employees with children receiving care in a NICU. Employers with 16–50 employees must provide up to 10 days of leave, while employers with 51 or more employees must provide up to 20 days.
  • New Hampshire: Effective January 1, 2026, employers with 20 or more employees must provide up to 25 hours of job-protected, unpaid leave for certain childbirth-related and pediatric medical appointments, including prenatal care, postpartum care, and pediatric visits within one year of birth or adoption.
  • Maine: Starting May 1, 2026, Maine’s Paid Family and Medical Leave law will provide eligible private-sector employees up to 12 weeks of paid leave for family, medical, military exigency, service member, or safety-related reasons. The law applies to all private employers with at least one employee in Maine.
  • Minnesota: Effective January 1, 2026, Minnesota’s Paid Leave law provides eligible employees up to 12 weeks of paid family leave or paid medical leave. Updates to the Earned Sick and Safe Time (ESST) law also allow employers to establish reasonable notice requirements for unforeseeable leave and request documentation for absences lasting two consecutive workdays.
  • Oregon: Beginning January 1, 2026, Oregon expanded qualifying reasons for paid sick leave to include voluntary blood donation through programs approved or accredited by the American Association of Blood Banks or the American Red Cross.
  • Pittsburgh, Pennsylvania: Effective January 1, 2026, employees accrue one hour of paid sick leave for every 30 hours worked (previously 35). Annual accrual caps increased to 48 hours for employers with 14 or fewer employees and 72 hours for employers with 15 or more employees.
  • Washington: Effective January 1, 2026, employers with 25 or more employees must provide job protection for workers taking PFML. The threshold will gradually decrease in future years. Additionally, employees with at least 180 days of employment are eligible for job-protected leave, and qualifying sick leave reasons now include time off related to hate crime incidents affecting the employee or a family member.

As leave laws continue to expand, employers should expect ongoing legislative activity and additional updates throughout the year. The increasing complexity of paid sick leave and PFML programs makes it essential to regularly review policies, update employee handbooks, train managers on eligibility and notice requirements, and ensure payroll systems are aligned with new accrual and reporting rules.

Regulating Artificial Intelligence (AI)

Artificial intelligence is becoming more integrated in HR, from recruiting to workforce analytics. States now introduce requirements for transparency, accountability, and avoiding algorithmic discrimination. Employers using AI must understand these technologies and how evolving laws affect hiring, employment, and compliance. Below are key AI-related updates for 2026.

  • Colorado: Beginning June 30, 2026, the Colorado Artificial Intelligence Act (CAIA) will require employers to implement safeguards to prevent algorithmic discrimination when using high-risk AI systems in employment decisions. Employers will need to evaluate how AI tools impact applicants and employees, maintain risk management practices, and take steps to ensure fairness and transparency in automated decision-making.

  • Illinois: Effective January 1, 2026, Illinois employers of all sizes must provide notice to employees when artificial intelligence is used for employment-related purposes, including recruiting, discipline, or training selection. The law prohibits employers from using AI in ways that discriminate against protected classes and specifically prohibits the use of ZIP codes as a proxy for protected characteristics.

  • Texas: Effective January 1, 2026, Texas law prohibits employers of any size from using AI systems with the intent to discriminate against members of a protected class. While federal and state anti-discrimination laws already apply to many employers, this new law extends protections to smaller organizations and reinforces that discriminatory outcomes are unlawful regardless of whether decisions are made by people or technology.

As AI continues to shape the future of work, employers should expect increased regulation and scrutiny around how automated tools influence employment decisions. Organizations should take a proactive approach by auditing AI systems, documenting decision-making processes, training HR teams and managers on responsible technology use, and ensuring transparency with employees and applicants.

Anti-Discrimination Statutes

Anti-discrimination compliance continues to evolve at both the state and local level, with several jurisdictions expanding employee protections and redefining how employers evaluate hiring practices, workplace conduct, and personnel decisions. From broader definitions of protected characteristics to restrictions on hiring tools and employment screening practices, these updates reinforce the importance of equitable workplace policies and consistent compliance monitoring. Employers should review existing policies, manager training programs, and recruiting practices to ensure alignment with new requirements taking effect throughout 2026.

  • New York: Beginning April 18, 2026, New York employers of all sizes will be prohibited from requesting or using an applicant’s or employee’s consumer credit history for employment decisions or discriminating based on that history. Employers should reassess background screening practices and update recruiting policies to remove any credit-based evaluation processes unless a narrow statutory exemption applies.
  • Pennsylvania: Expanded Race & Religious Protections (Statewide): As of early 2026, the PHRA broadens the definition of race to include traits historically associated with race — such as hair texture and protective hairstyles including locs, braids, twists, coils, Bantu knots, afros, and extensions. Religious creed protections have also been clarified to include head coverings and hairstyles associated with sincerely held religious beliefs. These updates reinforce employers’ obligations to review dress codes, grooming policies, and workplace appearance standards for potential bias or disparate impact.
  • Philadelphia “Ban the Box” Updates: Effective January 6, 2026, Philadelphia strengthened its Fair Criminal Record Screening Standards Ordinance. The law expands employer obligations related to the timing of criminal background checks, individualized assessments, and notice requirements when adverse employment decisions are made based on criminal history. Employers with workers in Philadelphia should review hiring workflows and recruiter training to ensure compliance with the revised standards.
  • Illinois: Effective January 1, 2026, amendments to the Illinois Victims’ Economic Security and Safety Act (VESSA) prohibit employers from discharging, refusing to hire, or otherwise retaliating against employees who use employer-issued electronic devices to record a crime of violence committed against them, a family member, or a household member. This expansion reinforces protections for victims of domestic violence and related offenses and may require updates to workplace conduct policies and training programs.

As anti-discrimination laws expand to address modern workplace realities — including appearance standards, hiring technologies, and victim protections — employers should prioritize proactive compliance reviews. Updating equal employment opportunity policies, auditing recruiting processes, and reinforcing inclusive workplace practices will help organizations reduce risk while strengthening trust with employees and candidates. In a rapidly changing regulatory environment, ongoing training and legal monitoring will be essential to maintaining compliant and equitable workplaces in 2026 and beyond.

Additional Compliance Items for Employers

Employers should also be aware of several broader compliance developments taking effect in 2026. Thirteen states now have fully active state-mandated workplace retirement savings programs, including Minnesota’s program, which began a soft launch on January 1, 2026. Upcoming deadlines remain critical — New York’s first employer registration deadline is March 18, 2026, while Rhode Island’s initial registration deadline occurred on December 12, 2025. Employers operating in affected states should confirm whether they are required to enroll employees or certify exemption through an existing qualified retirement plan.

In addition, numerous state and local minimum wage increases took effect at the beginning of the year. Employers should verify current wage requirements across all jurisdictions where employees work, particularly for multi-state operations or remote workforces. For a detailed overview of affected states, refer to the wage summary linked here or revisit our previous article in this five-week series covering new state laws and federal regulatory developments.

Next Steps for Employers Navigating 2026 Changes

As 2026 brings another wave of evolving workplace regulations, employers should take a proactive approach to compliance by reviewing policies, updating employee communications, and strengthening manager training across all areas impacted by new laws. From expanded anti-discrimination protections to retirement program requirements and wage adjustments, staying ahead of legislative changes will help organizations reduce risk while supporting fair and compliant workplace practices. Ongoing monitoring of federal, state, and local developments — combined with periodic compliance audits — will remain essential for navigating an increasingly complex regulatory landscape in the year ahead.