Employer Checklist for September 2026

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Track the rise of democratic socialism as Election Day nears. A growing wave of democratic socialist candidates and elected officials across the country could lead to changes in the workplace, impacting issues from healthcare to labor unions to wage and hour law. We covered what employers need to know heading into election season and beyond.

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Peruse FP’s predictions on NLRB policies that could soon be overturned. Now that the National Labor Relations Board finally has enough Senate-confirmed members (James Macy was sworn in on August 17) to overturn precedent for the first time in years, we’ll soon see a shift that will touch nearly every part of the labor law landscape. Check out predictions on 10 key rules and decisions most likely to change from three leaders of Fisher Phillips’ Labor Relations Practice Group.

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Understand the evolving parameters around religious accommodations. Many employers have seen an uptick in religious accommodation requests over the past three years following a Supreme Court decision making it harder for employers to deny them. Employers have wrestled with applying the new standard as dozens of courts have weighed in on their actions and the EEOC has prioritized protecting workers from religious bias and harassment. We covered everything you need to know to help stay compliant.

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Identify whether immigrant visa pause impacts any employees or candidates.  Last month, the State Department paused all immigrant visa appointments at US embassies and consulates worldwide, with no announced date for when normal scheduling will resume. Here’s what this means for your workforce planning.

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Consider submitting a public comment on DHS’s new proposed H-1B fee. The Department of Homeland Security published a proposed regulation last week that would impose a massive new fee on H-1B cap-subject petitions – $103,265 to be exact – reviving what a federal court struck down earlier this year but pursuing it through an entirely different legal route. Here are five action steps you should consider taking now, including publicly commenting by September 24.

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Check out results from our FP Flash Survey on cannabis testing. Employers appear to be less hesitant to test applicants for cannabis compared to two years ago, according to our latest FP Flash Survey. To learn more, check out our key findings and practical tips for shaping your own policy.

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Catch up on how courts are addressing AI use in litigation. More courts are confronting modern issues related to confidentiality, work product, and privilege as an increasing number of litigants and law firms are using artificial intelligence for assistance with lawsuits. Check out our practical takeaways from some of the earliest court decisions to address these AI issues. 

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

• Agricultural H-2A employers must be aware of a federal court order last week that leaves adverse effect wage rates up in the air once again.
• Consumer-facing businesses that use “surveillance” pricing must be aware of the Federal Trade Commission’s newly-proposed enforcement policy statement, which would require businesses to disclose when it uses personalized pricing based on consumers’ personal data. The agency is inviting public comments through September 18 – learn more about the proposal here.

• Domestic companies that ship hazardous materials will be happy to learn about 17 new final rules published by the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration last month as part of a broader deregulatory push to modernize supply chains and reduce administrative burdens for domestic shippers and carriers.

• Entertainment businesses can check out our tips for managing NDA breaches when a member of a project leaks key details about an upcoming film, game release, album, talent decision, or other major production.

• Federal contractors have likely heard that the OFCCP just issued final rules that upend decades-old affirmative action and reporting requirements – here are all the details you need to know.

• Hospitals and nursing homes in New York will have 12 months to establish a workplace violence prevention program once a new state law takes effect September 18 (and additional requirements will kick in for general hospitals starting January 1). Plus, healthcare employers in Illinois should consider these practical steps for GIPA compliance as state class actions surge. 

• Multinational employers must be aware of growing pay equity and transparency obligations as more countries roll out robust requirements. Separately, if your company is starting or expanding US operations, check out our site selection tips to help you choose the right location for your business.

• Professional employer organizations that offer Form I-9 support to clients as part of their overall service model can improve compliance by taking these ten steps.

• Safety professionals can find five action steps to take following a federal appeals ruling that denied industry challenges to a 2024 EPA rule designating PFOA and PFOS – two widely known PFAS chemicals – as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, known as Superfund.

• Warehousing and distribution center employers will need to emphasize safety compliance at their workplaces following OSHA’s renewed focus on these industries for at least the next five years.

• Schools and sports organizations should take note of our recent coverage on how to: get your concussion protocol ready; develop clear governance regarding wearables and athlete biometric data; and answer the FBI’s call to help protect student-athletes from sexual exploitation schemes.
  
  

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Keep up with other state and local workplace law developments: 

• California lawmakers just adjourned and sent a flurry of workplace-related bills to Governor Newsom, who must either sign or veto each by September 30 – his last go-around before his final term concludes in January. In addition:
  • state officials just announced significant changes to proposed PAGA regulations, which could be finalized later this year;
  • the California Court of Appeal is poised to rule in a groundbreaking privacy case; and
  • the state’s privacy regulator just announced groundbreaking data broker fines.
• Colorado lawmakers enacted a heap of workplace laws this year, which will kick in starting in 2027 (and a few are already in effect). In addition, state regulators just released a proposed rulebook for AI-assisted hiring and employment decisions. Plus, Colorado employers are facing increased exposure to gender discrimination claims – here’s a six-step action plan to reduce your risk.

• Florida local governments will soon be banned from using their purchasing or contracting power to control the wages or employment benefits of entities they do business with (these changes, which stem from 2024’s HB 433, apply to contracts entered into after September 29). Plus:
  • A Florida federal court just permitted another digital wiretapping claim to proceed – here’s what every business with a website needs to know.
  • A state appeals court recently shut down a paramedic’s off-duty medical marijuana accommodation claim. Here’s what this win means for Florida employers.

• Illinois recently enacted two employment laws that will kick in on January 1, 2027: one will provide new menopause-related workplace protections, and the other will require certain employers to pay employees their regular wages for time spent on jury service.

• Massachusetts employers now must notify employees within 48 hours after receiving an ICE Notice of Inspection concerning I-9 forms or other employment records, as a result of the PROTECT Act, which was signed into law on August 5 with immediate effect. 

• Oregon public schools (including K-12 and higher education) must, starting September 30, adopt policies for responding when federal immigration authorities enter the school property or campus. See HB 4079 for the full details.

• A Texas candidate for state attorney general just released a plan that could reshape how the state regulates the use of AI in the workplace.
  
  

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Press play on our latest FP 5 podcast episodes. Last month, we broke down what employers need to know about the EEOC's new direction, discussed how people are really feeling about AI at work, answered why you can't always fire the worker who went rogue, and explained how digital wiretapping lawsuits are reshaping online privacy and risk.