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: Effective immediately
On January 5, 2026, the U.S. Department of Labor (DOL) released six new opinion letters that address various Family and Medical Leave Act (FMLA) and Fair Labor Standards Act (FLSA) topics, including using FMLA leave in conjunction with partial-week school closures, FMLA time travel for medical appointments, overtime exemptions, which bonuses to include in regular rate of pay calculations, and classifying employees as exempt. DOL opinion letters are not legally binding; they provide guidance for interpreting the law and how to apply it in the workplace.
Opinion Letter FMLA2026-1 states that a school closure counts against FMLA leave only if the employee is scheduled to work that day. There is an exception to that rule: If the employee is taking a full week of FMLA leave, they must count the full week against their leave even if the school closes for part of that week.
Opinion Letter FMLA2026-2 states that an employee may use FMLA leave for travel time to and from medical appointments related to the employee’s serious health condition or to care for a covered family member. Time spent on unrelated activities is not covered under FMLA.
Opinion Letter FLSA2026-1 states that the FLSA does not require employers to classify an employee as exempt even if that employee meets exemption criteria. Employers may choose to classify exempt employees as non-exempt as long as they comply with minimum wage and overtime requirements.
Opinion Letter FLSA2026-2 states that employers must include incentive bonuses for safety, attendance, compliance, and performance in the regular rate of pay for the purpose of calculating overtime pay. Employers may exclude only discretionary bonuses from the regular rate of pay calculations, and the bonuses in question do not meet the criteria since they fall under a plan that sets eligibility criteria and bonus amounts in advance.
Opinion Letter FLSA2026-3 states that a mandatory 15-minute pre-shift “roll call” required by a collective bargaining agreement is compensable time, and overtime rules apply. The FLSA has two partial exemptions under sections 7(b)(1) and 7(b)(2) of the FLSA that may apply depending on how the collective bargaining agreement is structured.
Opinion Letter FMLA2026-4 clarified the overtime exemption for certain commissioned employees of service and retail establishments. To be exempt from overtime pay:
- The regular rate of pay must exceed 1.5 times the federal minimum wage, regardless of a higher state minimum wage; and
- Commissions must exceed 50% of the compensation for a representative period of at least one month.
How:
- Familiarize yourself with the opinion letters.
- Seek legal counsel as needed.
Additional Resources:
Who: All employers
When: Effective immediately
On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted two to one to rescind the Biden-era 2024 Enforcement Guidance on Harassment in the Workplace to align with Executive Order 14168. The 2024 Enforcement Guidance on Harassment in the workplace provided information on how federal anti-harassment laws apply to workplace harassment that did not have the force of the law The guidance was not legally binding but helped employers interpret the law and apply it to their own circumstances.
The rescission of the guidance does not affect Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex, gender identity, and sexual orientation. The legal obligations of employers do not change, and many states have laws that prohibit workplace discrimination based on sexual orientation and gender identity.
How:
- Continue to monitor and remain compliant with applicable federal and state laws regarding workplace discrimination based on protected characteristics.
- Provide anti-harassment training and robust policies to ensure compliance with the law.
- Consult legal counsel to help review policy and/or anti-harassment training.
Additional Resources:
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.
