A cross-agency proposal would amend regulations implementing the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and the Public Health Service Act to add fertility benefits as a category of “excepted” benefits that are exempt from certain requirements, for the purpose of expanding access to fertility treatments and services.

• Federal Agencies Propose Fertility Benefit Expansion: The U.S. Departments of Labor, Health and Human Services, and the Treasury have issued a proposed rule to allow employers to provide fertility coverage as a limited excepted benefit, exempt from the Affordable Care Act and the Health Insurance Portability and Accountability Act’s portability requirements.
• DOT Clarifies Medical Marijuana in Drug Tests: The U.S. Department of Transportation (DOT) has confirmed that a positive drug test for marijuana is disqualifying, regardless of whether the employee has a state medical marijuana license.
• Massachusetts Court Upholds Whistleblower Protections: According to the Massachusetts Supreme Judicial Court, whistleblowers in the state are protected, even if they’re complicit in the violation.

• DOL Proposes Opening 401(k) Investments: The U.S. Department of Labor (DOL) proposed a rule establishing a process-based safe harbor for fiduciaries under the Employee Retirement Income Security Act, opening the door to alternative assets—including cryptocurrency, private equity, and real estate—in 401(k) plans.
• NLRB Wants Its Removal Protections Stripped: The National Labor Relations Board (“NLRB” or “Board”) asked a federal court to declare unconstitutional the statutory provisions limiting the U.S. president's ability to remove members of the NLRB and administrative law judges—marking the first time the Board itself has taken this position.
• Compliance with Military Leave Requests: Amid ongoing global conflicts, employers should prepare for an influx of military leave requests and review their obligations under the federal Uniformed Services Employment and Reemployment Rights Act, as well as any applicable state law.

➡️ DOL Releases Compliance Tools

➡️ DOL Issues Proposed Regulation for PBMs

➡️ NLRB Adjusts Intake Procedure

A recent federal ruling clarified that denying a request for full-time remote work as a disability accommodation does not, by itself, constitute discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act.

In this episode of Employment Law This Week^®, Epstein Becker Green attorney Eric I. Emanuelson, Jr., discusses what the ruling means for employers navigating remote work requests and disability accommodations.

➡️ California and New York Target “Stay or Pay” Agreements

➡️ Administration Pauses H-1B Fee and Immigrant Visas

➡️ EEOC Clears Path for Faster Policy Changes

While the recent DOL guidance provides long-awaited clarity on FMLA and FLSA compliance, the rapid expansion of state-level paid leave mandates is adding a new layer of regulatory risk.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Genevieve Murphy-Bradacs discusses what these FMLA clarifications and the patchwork of state laws mean for employers.

Employers face a rapidly evolving legal landscape in 2026. In this episode of Employment Law This Week®, Epstein Becker Green attorneys share their insights on the key challenges and opportunities businesses should prepare for in the year ahead.

Discover more predictions and practical guidance—watch the full episode now.

• bond with a child,
• care for a family member with a serious health condition, or
• deal with the deployment or active duty of a family member in military service.

Epstein Becker Green attorneys and clients from across the nation gathered in New York City this past week to share their insights on the latest developments in labor and employment law.

In this episode of Employment Law This Week, we hear from a few of the briefing’s panelists about the critical issues their clients are currently facing.

Key Topics of Discussion:

• Navigating Workplace Compliance and Litigation Risks: Panelists spoke about handling accommodation requests, defending class and collective claims, and refining termination strategies across varied regulatory landscapes.
• Adapting to Evolving Workforce Dynamics: Speakers explored managing diversity, equity, and inclusion initiatives; return-to-office mandates; and the rise in union activity.
• Governing AI and Technology: Panelists talked about ensuring responsible artificial intelligence (AI) adoption while addressing data privacy, liability, and ethical considerations.

State Legislative Activity Increases

California has introduced new laws on paid sick leave, artificial intelligence, pay equity, and protections for tipped workers. Meanwhile, other states are also rolling out new laws impacting employment practices.

Courts Clash Over “Captive Audience” Bans

Federal courts have issued conflicting rulings on state restrictions regarding employer-mandated meetings related to union organizing.

Rhode Island Enacts First-Ever Menopause Law

Through a new amendment to its Fair Employment Practices Act, Rhode Island has become the first state in the country to require employers with four or more employees to accommodate menopause symptoms.

The guidance provided by the IRS regarding correcting 409A failures provides additional flexibility if errors are corrected within the year in which they occur, which means that after December 31, 2025, it could be more difficult and more costly to fix a 409A failure that occurred in 2025.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Eric I. Emanuelson, Jr., breaks down what’s changing and how employers can prepare.

• a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board’s (NLRB’s) authority,
• another Fifth Circuit decision restoring pregnant worker protections,
• the White House’s reversal of a key non-compete executive order, and
• a court ruling against the Equal Employment Opportunity Commission’s (EEOC’s) early right-to-sue policy.

The Amendment limits the benefit to those who are qualified to participate in a “Funeral Honors Detail,” an honor guard detail provided for the funeral of any veteran in compliance with federal regulations. A Funeral Honors Detail performs specified services at a veteran’s funeral ceremony, such as folding the United States flag and presenting it to the veteran’s family, or playing “Taps” at a veteran’s funeral.

The Amendment applies to Illinois employers with at least 51 employees, but it is silent as to whether this count includes employees beyond the state’s borders. Covered employers must provide at least eight hours of paid military funeral honors detail leave (“Funeral Honors Detail Leave”) per month, up to 40 hours per calendar year, to qualified employees.