Employer Checklist for August 2026

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Revisit your policies on weapons in the workplace. The US Supreme Court recently struck down state laws prohibiting anyone carrying a firearm from entering private property open to the public without express authorization from the property owner. It’s now solely up to your business to decide whether to allow or restrict legally carried weapons on your property. No matter your stance, you should consider taking practical steps to keep your workplace safe and compliant.

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Check in on other workplace safety issues while you’re at it. As extreme wildfire activity becomes more common and impacts air quality for larger portions of the population, employers should be prepared for a wide range of workplace law issues related to wildfire smoke. In addition, New York City’s current Legionnaires’ disease outbreak should prompt employers nationwide to get proactive about preventing similar outbreaks and limiting legal exposure. Plus, while a federal appeals court recently set aside OSHA’s workplace mental illness recordkeeping rule, this does not diminish the importance of workplace mental health or other legal obligations (including state law).

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Screen your drug-testing policies as cannabis laws evolve. On top of a patchwork of state-level legalization efforts, the federal government recently rescheduled certain medical cannabis products and is considering broader cannabis rescheduling. These changes could lead to more disability-related and other workplace claims. To balance your staffing needs with safety issues and legal compliance, check out our latest employer guide to cannabis testing and tune in to our latest FP 5 podcast episode for more on the subject.

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Expect more aggressive EEOC enforcement (but EEO-1 reporting might end). The US Equal Employment Opportunity Commission kicked off July by releasing an updated draft strategic plan for public input (the brief comment period is now closed), giving employers solid clues about the agency’s enforcement priorities through 2030. The agency also just issued a proposed rule that would eliminate EEO-1 reporting requirements altogether (and is accepting public comments through August 24) – we covered the key employer takeaways.

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Don’t miss these DOL developments. The US Department of Labor just released a bold regulatory agenda for the remainder of 2026, including proposals related to heat safety, child labor rules, and more. The agency also just clarified commuter and worker travel pay in new opinion letters. Plus, have you met the new Labor Secretary nominee?

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Check on impact of new cap on international student visas. Starting September 15, a new Department of Homeland Security rule will limit the admission period for most F-1 students, J-1 exchange visitors, and I-visa foreign journalists – requiring them to apply for extensions to stay before their fixed periods end. We broke down what this means for employers, higher education institutions, and K-12 schools and for athletic departments and international student-athletes.

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Stay current on the latest privacy law trends:

• “Surveillance pricing” litigation and legislation are here, and businesses that use data-driven decision tools – whether for consumer pricing or internal wage and scheduling decisions – must get ahead of it. Here’s how.

• A prolific plaintiff’s spree of claims allege that ordinary website tools violate the California Invasion of Privacy Act’s wiretapping (or, more recently, pen register) provisions. Businesses nationwide are fighting back, and FP’s Usama Kahf testified before the state legislature on July 1 in in support of a bill that would amend CIPA to help curb these types of lawsuits.
• Five recent court rulings across the country show businesses how to defend website tracking lawsuits.
  
  
  
  

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Track new federal AI proposals and get ready for China’s new AI model. Federal artificial intelligence legislation gained momentum in July, and the two political parties are still pursuing very different versions of what AI regulation should look like. Find out what employers should take from this burst of activity. Also, be prepared for uncharted risks posed by Kimi K3, a Chinese start-up’s powerful new AI model that arrived with a jolt this summer. Meanwhile, the lack of comprehensive AI regulatory standards on a national level led to a new Illinois law that will impose strict AI safety rules starting in 2027.

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Catch up on these industry-specific insights:

• Agricultural employers that use H-2A workers must be aware of new H-2A adverse effect wage rates, which take effect on August 3 for most states.
• Data center operators, developers, and contractors face unique workplace safety challenges – check out our five-step guide to addressing these issues early and effectively.
• Defense contractors just got a reprieve from a major new cybersecurity requirement that was set to take effect this November. Learn what this means for federal contract compliance.
• Education leaders should beware of how your institution’s website could be in the crosshairs of a prolific plaintiff’s website privacy demand letter spree. In addition, public and private K-12 schools in Tennessee must ensure compliance with the state’s new anti-bullying law.
• Live entertainment businesses must ensure that all workers brought on as independent contractors are properly classified under federal standards and various state laws, especially now during peak touring season.
• Manufacturers can use this FP Snapshot to help mitigate AI bias risk in hiring and workforce management.
• MedTech companies might be underestimating their False Claims Act exposure – learn more here.
• Motor carriers operating in California just got a major win from a federal appeals court that ruled that California’s meal and rest break rules are preempted by federal hours-of-service (HOS) regulations with regard to passenger-carrying drivers who are subject to the HOS rules. Get the full details here.
• Retailers are facing a sharp rise in employee requests for Saturdays and Sundays off as a form of religious accommodation. We covered why these types of requests are surging and offered practical compliance tips here. Plus, retail employers should avoid these five common background screening mistakes.
• Tech businesses can take important lessons from a recent decision from a National Labor Relations Board administrative law judge (not the Board itself) on how employee criticism of management on internal work chats can be protected by federal labor law, even if you aren’t unionized.
  
  

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Keep up with state and local workplace law developments:

• California’s main privacy watchdog recently announced its very first compliance audit. While the review will focus on gig economy platforms, it could have implications for employers across the state. In addition, California officials just announced another statewide minimum wage increase, which kicks in January 1 and impacts more than just hourly pay.
• Florida employers can breathe a little easier following a state appeals court’s July 29 decision that shut down a paramedic's off-duty medical marijuana accommodation claim.
• Louisiana employers must beware of several new state laws taking effect August 1, including workplace violence protections for retail and hospitality service workers.
• The Minnesota Department of Labor and Industry’s new Earned Sick and Safe Time (ESST) guidance gives employers long-awaited clarity on how to apply the state’s ESST law. Plus, a new law (SF 3210) will strengthen disability rights under the Minnesota Human Rights Act effective August 1.
• New Jersey employers can use this final checklist to comply with significant changes to the state’s Family Leave Act, which took effect July 17.
• Philadelphia just became the first US city to adopt workplace protections related to menstruation, perimenopause, and menopause, which will kick in on January 1.