Workplace Compliance News & Resources
Get the latest safety and workplace compliance news and resources from the federal, state, and local government levels. Below you’ll find late-breaking news, an interactive state map, the latest federal news, and minimum wage changes.
We try to keep it easy to understand and give you some general considerations on what to do, but we always recommend that businesses seek legal counsel for further advice and guidance on your particular situation.
Wherever available, KPA products are updated with the latest government notices and posters for employers.
Who: All employers
When: Public comments due September 8, 2026
The U.S. Department of Labor’s Bureau of Labor Statistics (BLS) has proposed adding new questions about artificial intelligence to the American Time Use Survey (ATUS). The proposal was published in the Federal Register on July 10, 2026, and is open for public comment through September 8, 2026.
The federal survey currently links an individual’s AI use to a detailed record of their daily activities. By pairing new AI questions with the ATUS time diary, BLS wants to understand when, how, and for what tasks people use AI tools, at work, in school, at home, and during leisure time.
ATUS is a voluntary survey of individuals, not a government reporting requirement placed on businesses. Employers have no reporting or recordkeeping duties tied to this proposal.
The resulting data could shape how policymakers, researchers, and even employers themselves think about AI adoption, its effect on job tasks and productivity, and the skills workers need going forward. It is also a reminder that governments are paying close attention to how AI is used in the workplace, which makes it a good time for employers to make sure their internal AI policies are solid.
If approved, BLS plans to begin asking the new questions in January 2027 for a two-year period, allowing the agency to capture early patterns of AI adoption during this period of rapid change. Comments on the proposal can be submitted through the Federal Register docket or sent directly to the BLS Clearance Officer.
How:
- Make sure your existing AI policies address confidentiality, data security, accuracy, human review, and ongoing monitoring of AI use.
- Submit public comments to BLS_PRA_Public@bls.gov before September 8, 2026, if your organization wants to weigh in.
- Stay informed as BLS finalizes the survey questions and rollout timeline.
Additional Resources
Proposed Information Collection; ATUS Artificial Intelligence (AI) Questions
Who: All employers with non-exempt employees who split time between home and a worksite, or who receive work assignments remotely
When: Effective immediately
On July 22, 2026, the U.S. Department of Labor’s Wage and Hour Division released two opinion letters addressing how the Fair Labor Standards Act (FLSA) treats commuting and pre-shift activities for employees who work part of their day from home. Opinion letters aren’t legally binding, but they show how the DOL would view similar facts if a dispute arises, so they’re a useful compliance reference.
In FLSA2026-9, the DOL considered an employer that wanted to let non-exempt employees split their workday between home and the office, for example, working an early shift at home to avoid rush hour and then driving in. The DOL concluded that this kind of midday travel is still an ordinary commute and is not compensable, provided the arrangement is voluntary and primarily benefits the employee. The DOL was careful to note this doesn’t change existing rules: Travel between two different worksites during the day is still compensable, and any work an employee performs during the commute is compensable.
In FLSA2026-10, the DOL looked at an engineer who received service calls electronically at home and coordinated with clients before driving to the first appointment. The DOL drew a line here: Simply receiving an assignment electronically is not compensable, but time spent on the phone scheduling and coordinating with clients or coworkers is compensable, because that work is integral to the job and primarily benefits the employer. That coordination time can also affect whether the subsequent drive still counts as an ordinary commute.
Both letters use a “primary beneficiary” test: Time that mainly benefits the employee (like choosing a flexible commute time) generally isn’t paid time, while time that mainly benefits the employer (like coordinating client work) generally is. Employers offering flexible or hybrid schedules should look closely at how the fact patterns in these letters compare with their own practices.
How:
- Put clear written policies in place covering flexible and split-schedule work arrangements.
- Require non-exempt employees to track all work time, including any coordination or work-related calls that happen outside normal commuting.
- Consider auditing current timekeeping and pay practices against the scenarios described in the opinion letters.
- Review other related Department of Labor resources on compensable travel time.
- Consult with legal counsel before changing pay practices based on these letters.
Additional Resources
Who: All employers, particularly those with voluntary affirmative action plans
When: Effective immediately
On June 30, 2026, the Equal Employment Opportunity Commission (EEOC) announced that it rescinded two long-standing policy documents that guided voluntary affirmative action plans under Title VII of the Civil Rights Act of 1964: the interpretive guidelines “Affirmative Action Appropriate under Title VII of the Civil Rights Act of 1964 as Amended” under 29 C.F.R. Part 1608, and Section 607 of the EEOC’s Compliance Manual. Both had been in place for roughly 40 years. The final rule went into effect on July 6, 2026.
They served as a roadmap for employers seeking to adopt voluntary affirmative action plans and as a framework for demonstrating that a plan was reasonable and defensible if challenged. Employers have relied on them for decades when structuring diversity-related hiring and promotion initiatives.
The rescission doesn’t amend the statute, eliminate the ability to bring a discrimination claim, or overrule existing Supreme Court precedent. Rulings such as United Steelworkers v. Weber and Johnson v. Transportation Agency, which upheld certain voluntary affirmative action plans, remain binding law. What has changed is the EEOC’s interpretive framework, and, with it, the safe harbor that employers used to cite when defending their plans.
The Commission says the guidelines:
- Were inconsistent with the plain text of Title VII;
- Weren’t supported by Supreme Court precedent when first issued;
- Applied only to plans benefiting women and minorities; and
- Hadn’t kept pace with decades of subsequent case law.
This action lines up with the broader federal push to move away from DEI programs and toward strictly merit-based employment decisions. The EEOC operates under the principle that when making employment decisions, employers should not consider an applicant’s or employee’s protected characteristics unless permitted by law.
Because the good-faith defense tied to the old guidelines is no longer available, employers with voluntary affirmative action plans should take a fresh look at how those plans are structured and documented.
How:
- Review all hiring, promotion, compensation, and diversity-related initiatives.
- Audit existing policies, agreements, programs, and practices with legal counsel.
- Continue monitoring federal and state law in this area.
Additional Resources
EEOC Votes to Rescind Affirmative Action Interpretive Guidelines and Related Compliance Manual
2026 Minimum Wage Updates
KPA tracks state and local minimum wage changes for our Vera HR customers, providing them with updated labor posters and more.
Check out the latest minimum wage changes for 2026, typically updated in December and June to ensure you know about the majority of increases before taking effect on January 1 and July 1.
Resources for Success
OSHA Reporting Resource Hub
If regulatory paperwork makes your head spin, have no fear—the workforce safety and compliance professionals at KPA are here to help.
We’ve created this resource hub chock full of OSHA recordkeeping and reporting best practices to help keep your head on straight.
