Employer Checklist for May 2026

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Equip yourself to respond to employee crises. Since May is Mental Health Awareness Month, it’s a good time to train your managers and HR department on how to respond to serious and sensitive situations in the workplace. These eight practical steps can help your business support your employees and meet legal obligations.

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Catch up on the DOL’s new joint employer proposal. The DOL just proposed a new rule to give businesses greater clarity and reduced liability around joint employer status under federal wage and hour law. Here’s a comprehensive look at the proposal, plus industry-specific snapshots for staffing firms and tech employers.

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Shore up your workplace policies for summertime. Whether the sunny season is a slower period or your busiest time of year, it can expose your business to risks related wage and hour compliance, workplace safety, and more. Stay afloat this summer by avoiding these top employer mistakes, and dive deeper with our recent compliance guides on hiring teens, protecting workers from heat dangers, and properly paying tipped employees.

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Don’t miss recent changes to I-9 enforcement standards. Federal immigration officials quietly but significantly shifted how they will evaluate Form I-9 violations, and employers will have far less room to avoid penalties for routine administrative mistakes. Here’s what changed and what you should do now.

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Keep up with PWFA enforcement trends and pay equity rules. A review of the EEOC’s litigation activity related to the Pregnant Workers Fairness Act reveals key employer lessons that can help shape your PWFA compliance strategy. In addition, compliance with pay equity and transparency laws is becoming increasingly complex, and the stakes are getting higher as the penalties for violations rise. Check out our practical employer guide to federal, state, and local pay equity trends.

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Get to know new NLRB nominee and labor law changes on the horizon. President Trump nominated James Macy on April 13 to fill a vacancy on the National Labor Relations Board, and, if confirmed, the Board will have something it hasn’t had since Trump took office: a functioning three-member Republican majority. Here are the top labor policy shifts we expect – even if the changes could still take some time to arrive.

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Learn how a family farm’s fight could be a win for all employers. The Supreme Court just picked up a case that will decide whether the DOL is allowed to impose financial penalties on agricultural employers for alleged violations of the H-2A temporary visa program. The case began when a family farm in New Jersey was hit by the agency’s demand for over $500K following an investigation into its H-2A practices – but it could end in a huge win for all employers. Learn more here.

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Listen to our latest podcast episodes! New episodes of “The FP5: Five Things for Your 9-5” are released each Thursday, and you can subscribe using your preferred podcast platform. Last month, our attorneys discussed remote work accommodations (April 2), whether your AI chat histories can be used against you in court (April 9), California bills that could reshape workplace law nationwide (April 16), the realities of workplace violence (April 23), and why your cybersecurity playbook is probably outdated (April 30).

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Read more key insights impacting these specific industries:

• Covered entities across sixteen critical infrastructure sectors must prepare for sweeping new federal cybersecurity reporting rules that could soon be finalized (even if slightly later than the original May 2026 target date). Check out our FAQs for Businesses About CIRCIA Regulations to learn more.

• Construction employers should catch up on a new OSHA proposal that would, if finalized, nix a strict deadline for upgrading fixed ladders above 24 feet. Here’s what your business needs to know.

• Education & College Sports
  • Many educators were surprised to learn of a recent PowerSchool Naviance wiretapping settlement. Here’s what your school needs to know.
  • A new Alabama law aims to ensure K-12 students are not denied athletic opportunities just because they are enrolled in the state’s school choice program that rolled out last year. Here’s what this means for private and religious schools in the state.
  • President Trump issued an executive order on April 3 that seeks to mandate new eligibility, transfer, and athlete agent regulations for college athletics by August 1 – here’s what your athletic department needs to know.

• Federal contractors can learn key lessons from IBM’s recent $17 million settlement with the Department of Justice over what the Trump administration deemed “illegal” workplace diversity, equity, and inclusion (DEI) activities. In addition, a minimum wage hike will soon kick in on May 11 for a narrow group of federal contractors.

• Hospitality businesses operating in the 2026 World Cup’s host cities should start preparing now and can use our comprehensive checklist as a guide.

• California’s new allergen disclosure law will soon take effect on July 1 for many restaurant chains – learn more here.

• Retail employers nationwide face unique challenges related to PWFA compliance. Here are five pitfalls retailers should avoid. Plus, as predictive scheduling laws gain traction across the country, find answers to your top questions.
• MedTech companies and their business customers should pay attention to a recent federal class action privacy lawsuit sparked by an AI company’s acquisition of a genetic testing firm. Here’s what you need to know.
• Private clubs must manage member harassment risks. Think employment laws don’t apply to your private club? Think again. Plus, a recent DOL independent contractor proposal offers clarity to private membership clubs.
• International filmmakers must ensure that cast and crew are properly authorized to work in any chosen location. That’s why we created A Producer’s Guide to Visa Requirements in Top 5 International Filming Locations.
• Trucking companies should be aware of a recent appeals court ruling – the latest in the saga over whether the Mine Safety and Health Administration has jurisdiction over businesses that provide trucking and hauling to mining operations. Catch up here.
  
  

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Check for state-specific updates and upcoming effective dates like these:

• Alabama just joined 20 other states by enacting a comprehensive consumer privacy law, and businesses must get ready to comply with sweeping new obligations that will take effect on May 1, 2027. 
• California pay data reports for the 2025 reporting cycle are due May 13, 2026 – find what’s new this year and what’s changing in 2027. Plus, could a new privacy law coalition help curb digital wiretapping litigation in the state?
• Colorado’s impending AI law, which was set to take effect June 30, 2026, was just temporarily blocked by a federal court ruling. Here’s what employers should know while we wait for a final resolution.
• Illinois employers with at least 16 employees must be ready to comply with the state’s Family Neonatal Intensive Care Leave Act, which kicks in on June 1, 2026. 
• The Missouri Supreme Court issued a ruling on April 21 that employers can use as a legitimate procedural tool to help defend against costly workplace claims. Learn what the decision means for your business.