American Society of Employers
Form I-9 Compliance in 2026: What to Do When a New Hire Doesn’t Show

24 March 2026

Form I-9 Compliance in 2026: What to Do When a New Hire Doesn’t Show

Author: Linda Olejniczak

Onboarding new employees can be a smooth, automated process these days, but it comes with a catch: the dreaded “no-show” hire. You’ve sent the offer, watched them complete online forms, even collected Section 1 of the I-9 and then… nothing. They never show up for their first day.

EEOC Issues Warning Letter to Fortune 500 Companies

17 March 2026

EEOC Issues Warning Letter to Fortune 500 Companies

Author: Anthony Kaylin

On February 26, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a letter to the chief executive officers, general counsel, and board chairs of 500 of the largest employers. These companies employ over 30 million workers and exert significant influence over the livelihood of millions of Americans. 

New Privacy Legislation and What it Means for Employers

17 March 2026

New Privacy Legislation and What it Means for Employers

Author: Susan Chance

Laws around employment background checks are constantly in motion. Employers must stay up to date with the changes, especially when they work in multiple states. What you can do in one state, and sometimes in one county, is not allowed in another state or county.

When a Termination is Followed by a Disability Claim

3 March 2026

When a Termination is Followed by a Disability Claim

Author: Linda Olejniczak

Terminations can become more complicated when an employee, during or after offboarding, claims the decision was based on a disability. These claims may involve cognitive conditions, such as autism or ADHD, or physical conditions, such as chronic pain or medical disorders. While these situations can feel high-risk, the legal framework for evaluating them is consistent and manageable when employers follow sound practices.

DOL Proposes New Independent Contractor Rule

3 March 2026

DOL Proposes New Independent Contractor Rule

Author: Anthony Kaylin

On February 27, 2026, the Department of Labor’s Wage and Hour Division issued a proposed rule to update the independent contractor rule and to rescind the previous administration’s rule.  The definition of an independent contractor has been long argued since the Fair Labor Standards Act (FLSA) was first passed in the 1930s.  The courts found that the FLSA never defined an independent contractor (IC) and as a result, a variety of court and federal administrative...
How Does the Trump Administration’s Reclassifying Marijuana Impact Employers?

24 February 2026

How Does the Trump Administration’s Reclassifying Marijuana Impact Employers?

Author: Anthony Kaylin

December 18, 2025, President Trump issued an Administrative Order directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances Act.  However, currently, marijuana is still a Schedule 1 drug until otherwise notified, and there are nuances that HR needs to be aware of.  

Growing Pains: The Compliance Risks That Come as Organizational Milestones are Reached

10 February 2026

Growing Pains: The Compliance Risks That Come as Organizational Milestones are Reached

Author: Lauren Cromie

So, your organization is growing? That’s great and something most organizations plan for; however, this accompanies legal requirements that creep up often faster than leaders expect. Employment laws, benefits requirements, and reporting obligations are frequently triggered by employee count, making growth an exciting but risky phase if compliance isn’t planned for in advance. Understanding which requirements apply at each stage of growth allows employers to prepare, avoid costly...
You Made a Mistake and Accused Someone of Sexual Harassment.  Can They Sue for Defamation?

10 February 2026

You Made a Mistake and Accused Someone of Sexual Harassment. Can They Sue for Defamation?

Author: Anthony Kaylin

It happens. An employee is accused of sexual harassment and an investigation follows. Word spreads. Initial findings appear to support the claim, but later evidence emerges – voicemail messages of the accuser telling the accused they couldn’t wait to meet at their usual motel, explicit sexts from the accuser to the accused, or even on-the-record, sworn admissions by the accuser that the relationship was consensual and the allegations were false.

The Quiet Surge in Pro Se EEOC Filings and Why HR Should Be Alarmed

10 February 2026

The Quiet Surge in Pro Se EEOC Filings and Why HR Should Be Alarmed

Author: Linda Olejniczak

Something is shifting in the employment law landscape and it’s happening faster than many HR teams realize. Over the past year and into 2025, there’s clear evidence that discrimination charge activity at the U.S. Equal Employment Opportunity Commission (EEOC) remains elevated and evolving.

Navigating the Crosshairs of DEI Programs

20 January 2026

Navigating the Crosshairs of DEI Programs

Author: Anthony Kaylin

Executive Order 14173 reshaped the compliance landscape for federal contractors and employers more broadly. The order revoked EO 11246 on contractor affirmative action, directed a 90 day wind-down period with agencies operating under class deviations until the FAR Council takes action, and introduced new False Claims Act exposure by requiring contractors and grantees to certify nondiscrimination compliance. It also placed DEI-related practices across all employers under increased scrutiny...
Legal Considerations for Training Repayment Agreements

20 January 2026

Legal Considerations for Training Repayment Agreements

Author: Linda Olejniczak

Many employers invest heavily in employee training and development, and to protect these investments, they often use "stay‑or‑pay" clauses also known as Training Repayment Agreements (TRAPs) which require employees to repay training costs if they leave voluntarily within a specified period. These agreements, while once widely accepted, are now increasingly challenged due to evolving state laws and legal scrutiny.

New York State Joins Growing List of Jurisdictions Restricting Employment Credit Checks

20 January 2026

New York State Joins Growing List of Jurisdictions Restricting Employment Credit Checks

Author: Susan Chance

Starting April 18, 2026, New York State will limit employers’ ability to use credit checks in employment decisions, joining a growing number of states and cities that have enacted similar restrictions. Previously, only New York City had prohibited most credit checks for hiring and employment purposes, but the new amendment to the New York State Fair Credit Reporting Act extends these protections statewide. Like other jurisdictions, the law prohibits employers, labor organizations, and...
What the One Big Beautiful Bill Act Means for Employee Benefits in 2026

13 January 2026

What the One Big Beautiful Bill Act Means for Employee Benefits in 2026

Author: Linda Olejniczak

2026 is shaping up to be a year of major shifts in employer‑provided benefits thanks to the recent passage of the One Big Beautiful Bill Act (OBBBA). While much of the early attention focused on overtime pay and tax changes, the legislation also brings important updates for benefit plans, flexible spending accounts, and family‑focused savings vehicles.

California Pay Reporting Updates for 2026

13 January 2026

California Pay Reporting Updates for 2026

Author: Anthony Kaylin

The California Civil Rights Department (CRD) has updated and expanded on the pay reporting required in 2026. Pay reporting is due May 13, 2026.  The CRD published preliminary reporting sheets and FAQs for employers with 100 or more employees who have locations in California.  The employee count is based on total employees (full-time, part-time, etc.) in the U.S., including California.  The requirements also include a separate report by employers who engage labor contractors.
When Can You Dock an Exempt Employee?

6 January 2026

When Can You Dock an Exempt Employee?

Author: Anthony Kaylin

The question of docking an exempt employee has been raised on hotline calls over the past month.  As a general rule, an exempt employee cannot be docked unless it is for five consecutive business days, but there are exceptions to this general rule.

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