Navigating the Evolving Landscape of Workplace Law in 2026

Kara Maciel Leave a comment

By: Kara M. Maciel

2026 brings significant shifts in employer obligations and workplace practices, influenced by evolving priorities within key federal agencies. During our firm’s recent webinar, I, along with my colleagues, Scott Hecker and Letitia Silas, delved into the enforcement strategies at the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), and the National Labor Relations Board (NLRB), and offered our crucial insights for employers aiming to mitigate risks and ensure compliance.

EEOC Priorities: Discrimination and Accommodation in Focus

Now with three of the five Commissioners sworn in since the beginning of the Trump Administration, the EEOC is aggressively enforcing Title VII and the Americans with Disabilities Act. A major priority for the EEOC in 2026 is scrutinizing Diversity, Equity, and Inclusion (DEI) practices. The EEOC warns that DEI initiatives could be deemed unlawful if employment actions are motivated, even in part, by an employee’s protected category. Employers are advised to review their DEI policies and practices to avoid becoming targets of investigation, as seen in the recent enforcement action against Nike. Continue reading →

The Practical (and Legal) Implications of the NLRB’s Unwritten “Three-Vote Rule”

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By: Mark M. Trapp

For the first time since President Trump fired Member Wilcox in January 2025, the National Labor Relations Board has the statutory quorum necessary to issue decisions and shape labor law across the United States. The National Labor Relations Act structures the Board to have five members and requires at least three confirmed members to issue binding decisions in representation cases and unfair labor practice proceedings. Following Wilcox’s firing, the Board lacked the required three-member quorum, leaving it unable to act for much of 2025 into early 2026.

The Board Regains Its Quorum

The Board lacked a quorum for most of 2025, before the U.S. Senate approved the nominations of Scott Mayer and James D. Murphy as Board members on December 18, 2025. When sworn in on January 7, 2026, these members restored the Board’s quorum and with it the statutory authority to issue decisions and exercise all Board power. Continue reading →

ABA Journal Profiles Mark Henry Ishu’s Transition from Federal Prosecutor to Private Practice

Theresa Jordan Leave a comment

In a recent ABA Journal feature, Mark Henry Ishu, Senior Counsel in CMC’s Labor & Employment and OSHA & Workplace Safety Groups, discussed the professional and personal evolution that comes with transitioning from government service to private practice. In the piece, Mark reflects on his years as a federal prosecutor and trial attorney and offers candid insight into the challenges, opportunities, and mindset shifts that shaped his move into the private sector.

The article explores the realities of redefining one’s professional identity, building a practice grounded in purpose, and carrying forward the values of public service into client advocacy. Mark discusses the lessons he has carried with him and the practical guidance he shares with other government attorneys considering a similar path. Continue reading →

Register for Part One of CMC’s Labor/Employee Relations & Collective Bargaining Masterclass!

Theresa Jordan Leave a comment

(Part One)
Uncovering Legal Landmines: What Employers Need to Know About Labor Law & Labor Relations

Tuesday, February 24, 2026, at 1 p.m. ET – 4:30 p.m. ET

CMC’s Labor/Employee Relations and Collective Bargaining Masterclass Series is not just a review of the law bogged down in legalese; our series is a practical and interactive experience designed to equip you with useful information and tools for successfully addressing today’s employee and labor relations issues.

Part One of our series is Uncovering Legal Landmines: What Employers Need to Know About Labor Law and Labor Relations, which is designed to provide unionized and non-unionized employers with a foundational overview of the National Labor Relations Board (NLRB) and its role in enforcing the National Labor Relations Act (NLRA).

Participants will learn about: Continue reading →

EEOC Rescinds 2024 Harassment Guidance

Lindsay A. DiSalvo Leave a comment

By Lindsay A. DiSalvo

On January 22, 2026, the EEOC decided in a 2-1 decision to rescind its comprehensive “Enforcement Guidance on Harassment in the Workplace.” This guidance was published by the EEOC on April 29, 2024, representing the EEOC’s first significant update since 1999 to its enforcement guidance on harassment. Now, as harassment claims continue to rise, employers have less guidance to determine what constitutes harassment and to understand EEOC expectations for how employers can effectively avoid and address such claims. Over the last few years, since a brief slump around the height of the pandemic, the number of harassment claims filed with the EEOC has been on the rise. In FY 2024, complainants filed 35,774 claims, which represents an approximately 12% increase from FY 2023 and about a 32% increase since FY 2022.

When the EEOC published its harassment enforcement guidance in 2024, the intent was to pull together best practices for preventing and responding to harassment and to address recent developments in the law, including the Supreme Court’s decision in Bostock v. Clayton County, Georgia. In Bostock, the Supreme Court held that Title VII prohibits discrimination based on sexual orientation and gender identity because this constitutes discrimination based on sex. In its 2024 guidance, Continue reading →

Privacy Notices Explained: When a Policy Is Required and When It Is Not Enough Consumer Privacy Thresholds, Point-of-Collection Disclosures, and Employment Data Considerations

Darius Rohani-Shukla Leave a comment

By Darius Rohani-Shukla

Publishing a website privacy policy is now standard practice. But assuming that a single, generic policy covers everything is inherently risky. In reality, privacy obligations can arise from several directions: baseline online notice expectations when you collect personal information through a website or app, comprehensive state consumer privacy laws that apply once you cross certain thresholds, and separate requirements that apply in the employment context.

In many cases, meeting those obligations is not just a matter of maintaining a policy in the footer. It also requires the right disclosures at the moment data is collected, whether that is through cookies and tracking technologies, a signup form, a checkout flow, or an application portal. Recruiting and workplace data add another layer. Applicant information, employee monitoring, biometrics used for timekeeping or access control, and automated hiring tools can each trigger standalone notice obligations that a consumer-facing privacy policy does not address.

This blog summarizes when a privacy policy is legally required, when additional point-of-collection disclosures are appropriate, and how consumer and workforce requirements can overlap. Continue reading →

[Client Alert] New California Employment Law – “Workplace Know Your Rights Act”

Kimberly Cole Leave a comment

By Kimberly Cole

California enacted a new law called the “Workplace Know Your Rights Act” (Senate Bill 294), now Labor Code sections 1550-1559.  This law provides emergency contact and anti-retaliation obligations in the event an employee is arrested or detained at work.  This requirement is mandatory and has upcoming deadlines.

Two important deadlines for California employers: February 1, 2026, and March 30, 2026.

By February 1, 2026, Notice Provided

Notice must be provided to employees by February 1, 2026.  Thereafter, the employees must receive the form notice, which will likely need to be amended year to year, on an annual basis.  This notice must be provided in the manner employers usually provide such notices – including by email, by hand, or even by posting in a breakroom.  The law even permits receipt by text message.  Employers must ensure that the method provided does not run afoul of other limitations, for example restrictions on the use of a personal device or prohibitions against off-the-clock work.

This law addresses seven specific areas, which are detailed in the form notice, including: Continue reading →

[Webinar] Employer Compliance with Workplace Laws in 2026: A Discussion of DOL, NLRB, and EEOC Priorities

Theresa Jordan Leave a comment

Join Kara M. Maciel, Scott Hecker, and Letitia Silas on Thursday, February 12, 2026, at 1 pm ET / 10 am PT, for a webinar titled “Employer Compliance with Workplace Laws in 2026: A Discussion of DOL, NLRB, and EEOC Priorities.”

This timely presentation provides an overview of the federal regulatory and enforcement landscapes that will shape employers’ obligations and workplace practices in 2026. More than a year into the second Trump Administration, key leadership positions have been filled, allowing agencies – including the Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission – to develop and implement major priorities.

Our discussion will highlight Continue reading →

Reading the Tea Leaves: What are the Wage and Hour Division’s Priorities in Year Two of Trump 2.0

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By Scott Hecker

With a little more than a year of the Second Trump Administration in the books, we are getting a better idea of the President’s priorities, including at the U.S. DOL’s Wage and Hour Division (“WHD”).  Rulemaking plans described by the current Spring 2025 Unified Agenda are limited, but there are other avenues to deduce WHD’s points of emphasis, for example, through press releases and opinion letters.  This blog entry focuses on the latter, including a recent batch representing the first letters signed by WHD Administrator Andrew Rogers, who was confirmed by the Senate on October 7, 2025, during the government shutdown.

WHD Opinion Letters

Opinions issued by DOL cover numerous statutes, but we will address some recent activity concerning the Fair Labor Standards Act (“FLSA”).  According to the Department, opinion letters represent “an official ruling or interpretation of the Wage and Hour Division,” and “[s]uch rulings provide a potential good faith reliance defense for actions that may otherwise constitute violations of the FLSA . . . .” Continue reading →

Former Regional OSHA Counsel for DOL’s Atlanta Region Rachel L. Graeber Joins Conn Maciel Carey as Chair of the Firm’s Southeast Practice

Theresa Jordan Leave a comment

ATLANTA, GA (January 21, 2026) – Conn Maciel Carey LLP (“CMC”), a national boutique OSHA/MSHA • Workplace Safety and Employment/Labor law firm, is pleased to announce that Rachel L. Graeber has joined the firm as a Partner and Chair of its Southeast Practice. Rachel, an accomplished and seasoned federal litigator with more than 15 years of experience, most recently served as the Regional OSHA Counsel with the Department of Labor (DOL), Office of the Solicitor for the Atlanta Region (formerly Region IV).

Eric J. Conn, a Co-founding Partner of Conn Maciel Carey and Chair of the firm’s national OSHA • Workplace Safety Practice, said, “Practicing law is rewarding when it’s with and against truly talented attorneys, and in that regard, Rachel was the quintessential respected adversary. When we had cases against each other, she proved to be a most effective advocate, strategic litigator, and creative negotiator. She was at the helm of high-profile litigation successes in complex and high-stakes matters for OSHA and MSHA. No one better to lead CMC’s support for our clients operating throughout the Southeast region.” Continue reading →