Employer Checklist for March 2026

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Prepare for shifting independent contractor rules. The US Department of Labor just released a highly anticipated proposal that should soon make it easier for businesses to engage with independent contractors – including freelancers and gig workers – while providing clearer lines on what aspects of the working relationship can trigger employee status. Here’s everything you need to know and four steps to prepare.

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Learn more about OSHA’s Safety Champions Program. OSHA recently announced the launch of the voluntary, self-guided initiative outlining several core practices employers should incorporate into their workplace safety and health plans. Rather than another compliance checkbox, this program represents a shift away from harsh enforcement-based compliance toward encouraging proactive risk management and prevention. Here’s how to decide if your company should participate.

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Breathe a sigh of relief over the latest in the NLRB’s joint-employer saga. The National Labor Relations Board issued a new final rule on February 26 officially restoring a business-friendly joint-employer rule from President Trump’s first term, which had essentially been back in play since 2024 after a court struck down (and the agency subsequently abandoned) a controversial Biden-era rule that aimed to replace it.

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Finalize preparations for H-1B cap registrations. The FY 2027 H-1B cap initial registration period opens on March 4, and the traditional lottery has been replaced with a wage-weighted selection system, thanks to a new rule from the Department of Homeland Security that took effect February 26. Is your business ready?

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Take stock of your non-competes. The Federal Trade Commission recently signaled that it is still pursuing an aggressive enforcement agenda when it comes to “abusive” noncompete agreements. We covered the biggest takeaways and next steps for employers.

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Get answers to your top GLP-1 questions. The rise of prescription medications used for weight loss has reshaped conversations about employer-sponsored health benefits, so we assembled these employer FAQs on GLP-1 drugs in the workplace.

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Manage AI responsibly. Last month, the DOL released a roadmap for training workers for AI literacy, and FP’s Dave Walton testified on Capitol Hill about what responsible AI use means for employers. Our attorneys also covered best employer practices for using AI-driven tools to screen resumes, moderate job interviews, conduct gamified hiring assessments, scan candidates’ social media, and boost employee engagement and retention – plus, what to know about ChatGPT plaintiffs.

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Read key insights impacting these specific industries:

• Agriculture: Our Agricultural Employers’ Compliance Cheat Sheet (Winter 2026 edition) covers the latest updates impacting farm labor management and HR compliance in the ag industry.
• Education: In late January, the US Department of Education quietly abandoned its legal defense of controversial anti-DEI guidance – here’s what this means for higher ed institutions going forward. In addition, as increased immigration enforcement in Minnesota, Maine, and beyond raises concerns for K-12 private and independent schools, we’ve updated our FAQs and Immigration Enforcement Guidance for K-12 Schools.
• Healthcare: A Pennsylvania federal court just found that a Philadelphia-area home health company misclassified its licensed professional nurses and home health aides as independent contractors, potentially putting the company on the hook for millions of dollars in back wages, liquidated damages, and civil penalties under the Fair Labor Standards Act.
• Staffing: Another Pennsylvania federal court dealt a blow to staffing firms that classify recruiters as exempt from overtime, ruling that a staffing firm must provide their IT recruiters overtime pay because they perform “routine sales production work” rather than administrative duties.
  
  

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Check if your business is impacted by any state-specific updates:

• California bills introduced last month would require human review of AI firings and 90-day notice for AI layoffs. Plus, California businesses that use automated license plate recognition systems (ALPR) must be aware of a state court’s February 5 decision that greenlit a plaintiff’s ALPR case against a parking garage.
• Connecticut-based companies that fall victim to large-scale data breaches could face a new slate of disclosure and investigation requirements under proposed legislation currently under consideration by state lawmakers.
• The Delaware Supreme Court recently delivered good news to employers that use equity-linked restrictive covenants to retain key talent.
• Kansas lawmakers just proposed a non-compete ban for healthcare professionals.
• Maine employers will soon face new restrictions and disclosure requirements when they use computers, phones, or other electronic equipment to monitor their employees under a new law.
• New York employers are closer to clarity on stay-or-pay prohibitions. Plus, here’s what to know about the expanded Healthy Terminal Act rules that took effect January 1 and the significant changes to NYC’s sick and safe leave law that took effect February 22.
• Ohio employers must make sure they understand their obligations under the state’s “mini-WARN” law that took effect September 29 – especially as more layoffs are announced across the country.
• Pennsylvania’s Criminal History Record Information Act may protect certain information even if the employer receives it from a source other than background check, including from an applicant’s voluntary disclosure, according to a recent 3rd Circuit decision.
• Virginia’s Court of Appeals recently issued a surprising ruling that expands the state’s non-compete ban for low-wage employees to also include some non-solicitation agreements.
  
  

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Catch up on international workplace law developments.

• India’s new data privacy rules have been rolling out since November, and several key deadlines come into effect later this year.
• Mexico employers should prepare for a proposed 40-hour workweek.
• The European Union’s Cyber Resilience Act (CRA) has mandated uniform cybersecurity requirements for hardware and software with digital elements that are placed on the EU market since 2024. Here’s a quick primer for your business.