Employer Checklist for October 2026

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Get ready for new workplace laws kicking in this month. October brings new legislation and regulatory changes for more than 10 states and Washington DC, and employers operating in those places must take note. New laws cover issues such as pay transparency (Connecticut), “captive audience” meetings (Maryland), immigration-related notices (Washington state), and more. Get caught up by using our Employer Cheat Sheet for Workplace Laws Taking Effect in October 2026.

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Address workplace conditions that could draw union support. A survey released last month showed that 71% of Americans approve of labor unions, the highest reading tracked since the 1950s. But union membership has been moving in the opposite direction for decades. We covered what this could mean for your operations, including six steps you can take in today’s labor environment.

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Review practices that could be considered unlawful DEI. Deloitte is the latest major federal contractor to enter a multi-million-dollar settlement with the Department of Justice over allegedly unlawful diversity, equity, and inclusion (DEI) practices. Here are the key takeaways for both contractors and private employers. 

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Make sure your retirement and health plans meet Q4 deadlines. The fourth quarter is an important time for employers and plan administrators to take stock of their employee benefit plans and prepare for the year ahead. Use our Employer Guide to help keep track of key Q4 compliance deadlines.

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Catch the latest on pre-dispute arbitration agreements. Another federal appeals court just ruled that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) allows employees with such claims to bypass arbitration for all claims in the lawsuit. Here’s what employers nationwide need to know about the ruling and three steps you should consider taking now. 

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Revisit your phishing training and verification practices. Artificial intelligence tools have made it dramatically easier for scammers to produce convincing phishing messages, and cybercriminals are increasingly using them to create personalized lures and execute attacks at a scale and speed that was not possible even a year ago. Are your cybersecurity practices up to date?

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Beware of compliance risks when working with influencers. If a court or government agency decides your social media influencers should have been treated as non-exempt employees – or your employee brand ambassadors should have been paid for boosting your brand – the costs of misclassifications or wage and hour violations can add up quickly. Here are some best practices and compliance tips.

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Check in on these industry- and business-specific insights.

• Businesses with a consumer-facing website or app should catch up on the latest court rulings involving claims that businesses illegally let third parties track visitors to their websites – and note that broken cookie banners are still a major risk.
• Educational institutions should consider following our six-step plan in light of the changing Title VI landscape. Private schools must be aware of new proposed IRS regulations that would end federal tax-exempt status based on school policies and practices the government considers racially discriminatory. Plus, private colleges and universities should be following an organizing drive involving undergraduate residential student assistants, which could tee up two key federal labor law issues: when students qualify as “employees,” and how educational privacy laws may run into union election rules. Here’s everything your higher ed institution must know.
• Hospitality and retail businesses should take note of opinion letters issued by the US Department of Labor (DOL) last month, which answer questions related to tip pools and unpaid meal periods. Check out our key takeaways for employers. In addition, back to school means more restrictions on when certain teenagers can work – review our tips for complying with child labor rules during the school year. We also recently covered the benefits and risks of using AI tools in the hospitality industry.
• Non-profit organizations should brush up their employee volunteer policies following a recent DOL opinion letter that provides a simple test for determining whether an employee’s volunteer hours must count as compensable work. Here’s what this means for your organization. 
• Sports employers can learn important trade secret lessons from a recent arrest of a former college football staffer arrested for leaking recruiting info to rivals. And athletic conference leaders should beware of how Villanova’s quarterback eligibility fight is putting conference rules in the spotlight. 
  
  

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Check out the first state law to ban AI from firing workers on its own. California just enacted the “No Robo Bosses Act,” which will take effect in July 2027. The law prohibits employers from relying solely on an “automated decision system” (ADS) when making a disciplinary or termination decision and requires an employer that primarily relies on ADS output to make a disciplinary or termination decision to direct a human reviewer to corroborate the decision. Get all the details on the groundbreaking law here (and find our full 2026 California legislative round-up linked below).

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Catch up on these additional state workplace law developments. 

• California Governor Gavin Newsom (D) just signed a slew of new laws impacting employers and businesses – his last go-around before his final term concludes in January – and we rounded up all of them here. In addition, Cal/OSHA is moving closer to finalizing new workplace violence regulations, and state privacy officials are warning data brokers about incorrect registration info.
• Florida’s minimum wage rose to $15 ($11.98 for tipped employees) on September 30 – learn more and get compliance tips here.
• Illinois employers covered by pay data reporting requirements should prepare for additional scrutiny and targeted audits.
• Oregon’s OR-OSHA is developing workplace violence prevention rules for healthcare employers. Here are five ways you can start preparing now.
• Texas’s attorney general recently issued a consumer alert warning businesses and organizations of a “scam” demand letters claiming that their routine website tools violate the California Invasion of Privacy Act. (Plus, check out our tips for private and independent schools.)