Supreme Court decision on same sex sports may lead to the employment arena: The U.S. Supreme Court has ruled that Title IX permits schools to limit participation in girls' and women's sports to students assigned female at birth and that state laws restricting such participation do not violate the Equal Protection Clause. This landmark decision provides critical guidance for educational institutions and state policymakers on athletic eligibility rules. Will it eventually apply to businesses; for example, restrictions on the use of bathrooms?  It’s unclear at this time. Currently, the U.S. Supreme Court Bostock decision applies, which states that sex includes gender identity and sexual orientation under Title VII of the 1964 Civil Rights Act.  Generally, schools are covered by state laws governing athletic eligibility, but employment law is both federal and state, and federal law protects these employees.  Source: Crowell 7/15/26

Healthcare costs reaching the highest level in 20 years: Surging healthcare costs are walloping U.S. workers, and they will only worsen next year. For 2027, employers may be facing the biggest health insurance increase in at least two decades. Americans with workplace coverage spent an average $5,297 this year on healthcare, $388 more than 2025, according to a new estimate from benefits-consulting firm Aon. The spending represents a combination of payroll deductions for premiums and out-of-pocket charges like deductibles and copays. The burden is likely to grow significantly next year, when U.S. employers expect their healthcare costs to go up by 11.1%, according to a new survey from WTW, another big benefits consultant—the steepest rise in more than 20 years.  That would represent the fifth year of escalating increases, according to WTW. “Employers are telling us that this is utterly unsustainable,” said Jeff Levin-Scherz, population-health leader at WTW. Expensive cancer treatments and wide adoption of weight-loss drugs are among the factors pushing up spending.  At larger companies, the rapid rise has moved decisions around health benefits from the domain of human-resources executives into the C-suite, said Mike Pasterick, North America health-solutions leader at Aon. “We’re seeing a lot of interest now from the finance organization and even the CEO and the board.”  Source: Wall Street Journal 8/20/26

Disability might not prevent termination for performance: On July 20, 2026, the U.S. Court of Appeals for the Third Circuit issued a decision emphasizing: (1) employees must clearly and timely articulate a need for accommodation under the ADA, and (2) employers need not excuse misconduct related to or caused by a disability, particularly where the employee identifies the disability for the first time as part of the disciplinary process. Hileman v. West Penn Allegheny Health System Inc., No. 25-1459 (3d Cir. July 20, 2026). Cheryl Hileman worked as a CAT scan technologist at Forbes Hospital, operated by West Penn Allegheny Health System. After about a year of employment, she was reprimanded for frequent absences and informed of the process to request a disability accommodation or medical leave. She did not make such a request. Several months later, a coworker reported concerns that Hileman was sleeping during her shift. When confronted, Hileman denied sleeping but mentioned, for the first time, that she had diabetes and was experiencing fatigue and dry eyes due to a medication change. She did not request an accommodation or leave. Shortly thereafter, Hileman was terminated for misconduct related to sleeping on the job. Her termination was upheld. She was told about the accommodation process but never asked for one. Source: Littler 7/27/26

Proposed rule to drop 60-day grace period for H-1Bs: The U.S. Department of Homeland Security will soon propose a rule to eliminate the 60-day grace period that H-1B and similar nonimmigrant visa holders receive if their employment ends before the expiration date of their visas. The rule was submitted to the Office of Management and Budget on Aug. 6, but it has yet to be published in the Federal Register, with no indication from White House officials when it will be approved for publication.  If the current 60-day grace period is eliminated, H-1B visa holders who lose their jobs may be required to leave the country immediately “and would likely be unable to change status or change employers unless [U.S. Citizenship and Immigration Services] authorizes the change through an exercise of favorable discretion,” per a post from law firm Ogletree Deakins. “It’s going to be really difficult” for employers if the 60-day grace period is removed, Maxine Bayley, a partner at Duane Morris who practices immigration law, told HR Dive. Source: HR Dive 8/14/26

Electronic ERISA disclosure proposed rule: On July 23, 2026, the Department of Labor (DOL) issued proposed regulations that would significantly expand the ability of group health plans to furnish required ERISA disclosures electronically (“Proposed Rule”). The proposal would create a new electronic disclosure safe harbor for group health plans modeled largely after the DOL’s 2020 electronic disclosure framework for retirement plan notices. If finalized, the Proposed Rule would permit group health plans to satisfy many ERISA disclosure obligations through a “notice-and-access” approach under which required disclosures are posted to a website and participants receive a Notice of Internet Availability directing them to the documents. The Proposed Rule would apply to virtually any document that a group health plan administrator is required to furnish under ERISA. Rather than furnishing documents directly, administrators could post disclosures on a website or intranet site and provide participants with a Notice of Internet Availability (NOIA). The NOIA generally must identify the document; include a website link; explain the participant’s right to request paper copies; and explain the participant’s right to opt out of electronic delivery. The safe harbor would be available for participants, beneficiaries, and other individuals entitled to disclosures who provide an email address or mobile phone number capable of receiving electronic notices. Source: Seyfarth 7/28/26