Author: Lorrie Coffey

  • 2026 Employment Law Outlook: What Employers Should Watch

    2026 Employment Law Outlook: What Employers Should Watch

    Each year, we step back to review the employment law developments employers should be watching in the year ahead — at both the federal and state level.

    As we move into 2026, the employment law landscape continues to evolve. At the federal level, the current administration is reshaping workplace policy through agency leadership changes, regulatory reviews, enforcement priorities, and ongoing litigation. Notably, both the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) now have a quorum after operating without one for much of the past year — restoring their ability to issue guidance, revise regulations, and decide pending cases. Some of these efforts may result in formal changes this year, while others signal longer-term shifts employers should be aware of as they plan and make decisions.

    This annual update provides a high-level look at federal employment law issues to keep on your radar in 2026, along with key Alabama state law developments that may affect employers operating in or employing workers in the state. While we can’t predict outcomes, our goal is to help ensure leaders across industries are informed about what may be coming in the year ahead — and where policy and enforcement signals suggest potential change.

    Pregnant Workers Fairness Act (PWFA)

    The biggest potential federal employment law change this year may involve the Pregnant Workers Fairness Act (PWFA), which was signed into law in 2022. The current administration has indicated that it intends to review the prior administration’s guidance on the PWFA, including whether to narrow aspects of the EEOC’s interpretation related to how broadly accommodations are defined, what the interactive process must include, and which issues are prioritized in enforcement.

    At the same time, ongoing litigation continues to shape how the law is applied. These challenges include a case brought by 17 states contesting the EEOC’s expansive interpretation of “pregnancy, childbirth, or related medical conditions,” as well as a 2024 Louisiana case that blocked certain religious employers from being required to accommodate elective abortions. Most recently, on January 14, 2026, the U.S. Court of Appeals for the Fifth Circuit announced it will reconsider whether the PWFA was constitutionally enacted, adding another layer of uncertainty to how the law may ultimately be interpreted.

    Taken together — the EEOC’s regulatory review, constitutional challenges moving through the courts, partial injunctions, and continued enforcement of current cases — the PWFA is an area where employers may see clarification or adjustment sooner rather than later. Importantly, the law itself remains in effect, and employers should continue to comply with current requirements while monitoring how guidance and enforcement priorities may evolve. For organizations that implemented broad policy changes in response to the initial regulations, this is an area worth watching closely in 2026.

    Fair Labor Standards Act (FLSA)

    While the PWFA represents one of the clearest areas where regulatory refinement may occur this year, wage and hour law remains the area where even incremental changes can have the greatest operational and financial impact for employers.

    The 2024 FLSA white-collar salary threshold increase was rolled back by the federal courts and remains on hold. As a result, the Department of Labor (DOL) is expected to revisit the salary threshold in 2026, with the potential for a more modest increase than previously proposed. The DOL has also signaled that additional regulatory action may be forthcoming, leading some to anticipate that the agency could review not only the salary level, but also the duties tests used to determine exempt status.

    In addition, the current administration has indicated it intends to rescind the Biden administration’s six-factor “economic realities” test for independent contractor classification. In 2025, the DOL announced it would no longer apply the Biden-era test when investigating wage and hour claims and is expected to revert to the two “core factors” framework used during the prior Trump administration. At present, while the DOL is not using the six-factor test in enforcement actions, it remains the regulatory standard applied in private litigation — creating a split employers should continue to monitor.

    Employee Benefits and ERISA

    Employee benefits regulation is another area to watch in 2026, particularly under ERISA. While major statutory changes are unlikely, the Department of Labor continues to shape employer obligations through enforcement priorities and sub-regulatory guidance rather than new legislation. Areas of focus include fiduciary oversight of retirement plans, mental health parity compliance, and transparency requirements for health plans. Together, these developments suggest that expectations around benefits governance, documentation, and oversight may continue to evolve as enforcement activity continues.

    National Labor Relations Board (NLRB)

    After operating for much of last year without a quorum, the National Labor Relations Board is fully operational again in 2026, allowing it to issue decisions, clear its backlog, and advance policy priorities that had been on hold. Employers should expect increased Board activity beginning with long-pending unfair labor practice and representation cases.

    With a newly aligned majority, the Board may revisit several Biden-era positions through case decisions rather than formal rulemaking, including standards governing employee handbook policies, independent contractor classification, bargaining unit determinations, and union election procedures. While major shifts may unfold gradually, the restoration of a quorum alone signals a more active enforcement and decision-making environment for employers in 2026.

    AI in Employment Decisions

    The use of artificial intelligence and automated decision systems in hiring, promotion, and performance management continues to be an emerging employment law risk area in 2026. While there is still no comprehensive federal law governing AI in employment, courts and regulators are increasingly applying existing anti-discrimination and labor laws to AI-assisted decision-making.

    One of the most closely watched cases is Mobley v. Workday, Inc., pending in federal court in California. In that case, plaintiffs allege that Workday’s AI-driven applicant screening tools disproportionately excluded older, Black, and disabled applicants, in violation of Title VII, the ADEA, and the ADA. In 2025, the court allowed the case to proceed as a nationwide collective action, reinforcing the principle that employers may face liability for discriminatory outcomes even when decisions are influenced by third-party AI tools.

    At the state level, Alabama has begun engaging in AI policy discussions, though it has not enacted a law specifically regulating the use of AI in employment decisions. Recent legislative activity has focused on AI disclosure requirements and limitations on AI-only decision-making in certain industries, such as insurance, signaling increased attention to how automated systems affect individuals and consumers. To date, Alabama continues to rely on existing employment and anti-discrimination laws to address AI-related workplace issues.

    For employers, the takeaway in 2026 is less about immediate statutory change and more about risk management and oversight. Employers using AI tools should understand how those systems operate, evaluate outcomes for potential disparate impact, and be prepared to explain and defend employment decisions that rely on automated or algorithmic processes as scrutiny continues to evolve.

    Alabama Employment Law Updates to Watch

    While Alabama has not enacted sweeping employment law reforms, several administrative and statutory changes taking effect in late 2025 and 2026 are worth noting for employers operating in or employing workers in the state.

    Portable Benefits Accounts for Independent Contractors (Effective December 31, 2025)

    Under Alabama Senate Bill 86, independent contractors may begin establishing voluntary portable benefits accounts at the end of 2025. These accounts are designed to allow contractors to receive contributions for benefits such as health care or retirement without altering their classification status. Participation is optional, but employers that rely on contractors or gig workers should understand the framework, as it may influence contractor expectations, engagement models, and competitive positioning.

    Nonresident Tax Withholding Changes (Effective 2026)

    Beginning in 2026, Alabama will exempt certain nonresident workers from state income tax and withholding for work performed in the state for 30 or fewer days, provided the employee’s home state offers reciprocal treatment. This change is particularly relevant for employers with mobile, project-based, or traveling workforces and may require updates to payroll tracking and withholding practices.

    Looking Ahead

    While 2026 may not bring immediate, across-the-board changes, the direction of policy, enforcement, and litigation offers important insight into where expectations for employers may be headed. Staying informed allows leaders to anticipate change, assess risk, and respond thoughtfully as guidance evolves. We will continue tracking these developments throughout the year and working with organizations to translate legal change into practical, operational decisions.

  • How Employers Can Support Veterans in the Workforce

    How Employers Can Support Veterans in the Workforce

    As we honor Veterans Day, it’s important to remember that showing appreciation for service members goes beyond words. It’s about action. Employers play a vital role in helping veterans transition to civilian careers, thrive professionally, and feel valued for their unique experiences and skills.

    Here are practical ways organizations can support veterans year-round:

    1. Create a Veteran Hiring Strategy

    Employers can make a real impact by partnering with veteran-focused organizations—such as Still Serving Veterans—to promote the hiring of those who have served. These partnerships help connect businesses with qualified candidates while ensuring veterans are supported throughout their transition.

    Employers should also take time to understand how military experience translates into civilian roles. For example, leadership in a military setting may align with project or operations management; logistics coordination in the service often mirrors supply chain or planning positions. By recognizing and articulating these transferable skills, employers can open doors to talented, mission-driven professionals ready to thrive in new careers.

    2. Offer a Smooth Transition Process

    Transitioning from military to civilian work can be challenging, as the expectations and culture of the civilian workplace often differ greatly from military life. In the service, roles, communication, and hierarchy are typically very structured and clearly defined. Civilian workplaces, on the other hand, may have more flexibility, less formal communication, and varying approaches to leadership and accountability.

    Employers can ease this adjustment by providing onboarding programs or mentorship opportunities that pair veterans with experienced employees—ideally, other veterans who’ve made the transition successfully. Mentors can help explain workplace norms, provide guidance on professional communication styles, and clarify unwritten expectations that might not be immediately obvious. This kind of support helps veterans feel confident, connected, and set up for long-term success.

    3. Provide Training and Career Growth Opportunities

    Veterans bring discipline and adaptability, but they may need support translating their military experience into corporate advancement. Offer skills development programs, leadership training, and clear pathways for promotion. When employers invest in their growth, veterans can quickly become some of the most capable and committed leaders within the organization.

    4. Recognize and Celebrate Service

    Honor Veterans Day with meaningful gestures, such as hosting recognition events, sharing veterans’ stories internally, or supporting veteran-focused charities. Recognition fosters inclusion, respect, and a deeper sense of belonging. These actions show that your company doesn’t just value veterans for their skills—but for their service and sacrifice as well.

    5. Support Mental Health and Work-Life Balance

    Many veterans face unique challenges as they adjust to civilian life, including post-traumatic stress, reintegration stress, or difficulty finding a new sense of purpose after leaving the military. Employers play a crucial role in fostering an environment that supports both mental health and overall well-being.

    Start by ensuring that mental health benefits are accessible, confidential, and clearly communicated to all employees. Offering an Employee Assistance Program (EAP) can provide veterans and their families with free, confidential counseling and referrals for mental health, financial, and personal concerns. Flexible scheduling options can also make a meaningful difference, allowing veterans to attend medical appointments or take personal time when needed, without stigma.

    Just as important, organizations should work to create a culture of openness and understanding, one where employees feel safe discussing challenges or seeking help. Training managers on how to recognize signs of stress and respond with empathy can help foster this culture.

    Partnering with veteran-focused organizations (remember Still Serving Veterans or similar local groups) can also be incredibly beneficial. These organizations can provide employers with education, resources, and guidance on how to support veteran employees effectively, as well as connect veterans to specialized services that promote resilience and recovery.

    When employers take a proactive, compassionate approach to mental health, they not only help veterans succeed but also strengthen trust, retention, and morale across the entire organization.

    Supporting Veterans: Good for People, Good for Business

    Supporting veterans isn’t just good citizenship, it’s good business. Veterans bring leadership, resilience, and a mission-driven mindset that enrich workplace culture and performance.

    This Veterans Day, let’s move beyond “thank you for your service” and take meaningful action. By creating inclusive hiring practices, offering smooth transitions, supporting mental health, and partnering with veteran organizations, employers can build workplaces that truly honor and empower those who have served.

    When we invest in veterans, we invest in stronger teams, stronger companies, and stronger communities.

  • When Your Side Gig Deserves Center Stage

    When Your Side Gig Deserves Center Stage

    We’ve been talking about side gigs lately. One of the toughest parts is deciding if or when to make the side gig the main gig. It’s often not as simple as we’d like it to be.

    A few weeks ago, I spent some time in Virginia with my parents and brought along a small project, an old desk I’d found at a thrift store for $20. It had good bones but had definitely seen better days.

    My dad and I spent the week together in his woodworking shop, sanding, repairing, and refinishing it until it was restored to its former glory. Somewhere between the smell of sawdust and the hum of the sander, I learned that the desk was more than a hundred years old and made of solid walnut, a piece that had clearly stood the test of time.

    Watching my dad work reminded me how he’s done the same thing with his own career. What started years ago as a hobby, tinkering in his workshop on weekends, has now become part of his full-time work. After decades in construction, he’s blended his craftsmanship with his trade, flipping houses that feature his custom woodworking, accent walls, built-in bookcases, and hand-crafted cabinets that give each home its own story.

    That desk became more than a project. It was a reminder that sometimes what we start on the side, simply because we love it, can evolve into something much bigger. According to a recent study by Side Hustle Nation, 39% of working Americans have a side hustle, and about one in five hope to eventually turn it into a full-time job. It’s not always easy to know when it’s time to take that leap, but there are signs it might be time to let your side gig take center stage.

    Just like restoring that old desk revealed the strength of the wood beneath the surface, your side gig can show signs of its own potential if you take the time to notice them.

    When…your side gig is financially sustainable.

    Your side gig is showing steady, reliable growth. You have repeat customers, new ones finding you regularly, and your income has moved from covering basic costs to turning a profit. You’re not just staying afloat, you’re seeing enough green to pay essential expenses and keep the business running. Better yet, it’s bringing in enough money to replace or nearly replace your current salary.

    When…you’re running out of time and energy.

    With steady growth comes the need for more time, and there are only so many hours in the day. You find yourself waking up early or staying up late to keep up with demand, juggling both your full-time job and your side gig. Eventually, something has to give. When you can’t devote the time your side gig needs, growth stalls and sales may even start to dip. That’s often a sign your business has outgrown the “part-time” label.

    When…your passion has shifted.

    What started as a creative outlet or a way to earn a little extra each month has become the work that brings you the most joy. You find yourself energized by your side gig and counting down the hours until you can get back to it. Meanwhile, your full-time job starts to feel more like an obligation than an opportunity. When your passion shifts that strongly, it’s worth paying attention. It may be pointing you toward what you’re truly meant to do.

    Like that old walnut desk, sometimes the things we start just for the love of it reveal a strength and potential we didn’t see at first. When your side gig shows financial promise, demands more of your time and energy, and becomes the work that truly lights you up, it might be more than just a hobby. It might be your next chapter waiting to unfold.

    Taking the leap isn’t about abandoning stability. It’s about building on something that’s already proven its worth. As you consider what you need to start, stop, and stay, both personally and professionally, ask yourself what your side gig could become if you gave it your full attention.

  • What Employers Need to Know About the Big Beautiful Bill

    What Employers Need to Know About the Big Beautiful Bill

    On July 4th, the President signed into law the “One Big Beautiful Bill Act” (BBB), a massive budget reconciliation measure aimed at providing major tax cuts, stimulating the economy, expanding funding for defense and border protection, cutting certain social welfare programs, and raising the national debt ceiling. At nearly 900 pages, there’s a lot to digest. What follows is our interpretation of key provisions as they relate to employers.

    Tax Cuts for Employees and Employers

    As we understand it, these deductions are temporary, starting in 2025 and expiring after the 2028 tax year.

    • Overtime Wages:
      Employees who earn “qualified overtime” can deduct up to $12,500 for single filers or $25,000 for joint filers. Qualified overtime is defined under the Fair Labor Standards Act (FLSA). These deductions phase out for employees earning over $150,000 (single) or $300,000 (joint). Our understanding is that employers will need to track qualified overtime separately and report it on W-2s, although tax withholding procedures remain unchanged.

    • Tipped Wages:
      Employees can deduct up to $25,000 in “qualified tips” received in jobs that customarily receive tips prior to December 31, 2024. This deduction also phases out based on gross income. It appears that employers must continue reporting tips separately on W-2s, consistent with current requirements.

    • 1099 Contractors:
      The reporting threshold for payments to independent contractors increases from $600 to $2,000. (Are your 1099 employees misclassified? We talk about that here.)

    Changes to Benefits Programs

    • Dependent Care FSAs:
      Maximum contributions increase from $2,500 to $3,750 for single filers and $5,000 to $7,500 for joint filers. Employers are not required to adopt the new maximum, but doing so may enhance employee benefits. From our perspective, if employers choose to increase limits, plan documents should be updated with the plan administrator.

    • Paid Family and Medical Leave (PFML):
      Tax credits for PFML are now permanent. The employment period for eligibility is reduced from 12 months to 6 months, with a minimum of 20 hours/week worked. Employers required to provide leave under state/local laws can still claim credits for leave provided beyond those requirements. In our reading, the bill offers two calculation methods for the credit:

      1. As a percentage of wages paid to qualified employees during leave.

      2. As a percentage of total premiums paid or incurred for insurance covering PFML, regardless of whether leave was used.

    • Telehealth Services:
      Employers can continue to offer telehealth under HDHPs without imposing a deductible for employees or eligible dependents.

    • Employer Student Loan Payments:
      The tax exclusion for employer contributions toward student loans up to $5,250/year is now permanent. Inflation adjustments begin after the 2026 tax year. Employers should update payroll and accounting systems accordingly.

    • Relocation Expenses:
      The temporary elimination of moving expense deductions and tax-free employer reimbursements (from the 2017 Tax Cuts and Jobs Act) is now permanent.

    Immigration Compliance

    The BBB provides significant funding for ICE, which likely means:

    • More frequent and rigorous I-9 audits.

    • Increased scrutiny of hiring and retention practices for foreign workers.

    Our recommendation, based on this understanding, is that employers should conduct thorough I-9 audits, ensure all staff completing I-9 forms are trained, and consider using the Federal E-Verify system if not already doing so.

    Final Thoughts

    The Big Beautiful Bill introduces substantial changes that directly impact employers, from tax deductions and benefits program enhancements to stricter immigration compliance requirements. From our perspective, employers who proactively update policies, train staff, and adjust payroll systems will be better positioned to leverage the benefits while maintaining compliance.

    This is a complex, evolving area. Our intent here is to share our understanding and interpretation, not legal or tax advice. We encourage employers to consult directly with legal, tax, or benefits professionals to determine how these provisions apply to their specific situation.

  • Immigration and the Workforce: What History Tells Us and Why It Matters Now

    Immigration and the Workforce: What History Tells Us and Why It Matters Now

    The debate over immigration is far from new. While its political profile has intensified in recent years, immigration policy has shaped the American workforce since the country’s founding. For businesses today, whether in manufacturing, healthcare, technology, or the service sector, understanding this history isn’t just interesting context. It’s key to making sense of labor market dynamics, talent access, and long-term operational resilience.

    A Brief History of U.S. Immigration Policy

    Naturalization Act of 1790
    This first federal law to define citizenship limited it to “free white persons” of good moral character who had been in the country for at least two years and pledged allegiance to the U.S. Children under 21 gained citizenship through their parents.

    1800s: Expansion, Exclusion, and Labor Demand
    As the U.S. expanded westward and industrialized, demand for labor grew. Immigration policy reflected this, welcoming those deemed “morally fit” and economically useful. At the same time, exclusionary laws were enacted, particularly targeting Chinese immigrants, reflecting both racial prejudice and economic anxiety.

    Early 1900s: Quotas and Cultural Clashes
    Immigration began to shift from Northern and Western Europe to regions like Southern and Eastern Europe, prompting cultural tension. The Great Depression further fueled anti-immigrant sentiment, and the U.S. moved toward a quota-based system, limiting both the number and origin of immigrants.

    Post-War Adjustments and the 1965 Immigration and Nationality Act
    Mid-century reforms allowed for exceptions like war brides, refugees, and family reunification. The 1965 Act marked a major shift, prioritizing family-based and employment-based immigration, and officially ending race-based quotas.

    Modern Era: Enforcement and Employer Accountability
    Since 1965, immigration policy has focused on regulating entry through family ties and job sponsorship, while increasingly emphasizing border control and employer accountability through programs like E-Verify, H-1B caps, and DACA.

    The Workforce Today: How Immigration Policy Shapes Business Reality

    Fast-forward to the present, and immigration continues to play a pivotal role in workforce strategy. But today’s policies present significant challenges across industries and regions.

    Labor Shortages: A Structural Workforce Problem

    Today’s labor shortages aren’t a short-term post-pandemic hiccup. They reflect deep, long-term trends. Businesses across the economy are contending with:

    1. An Aging Population and Declining Birth Rates

    Over 10,000 baby boomers reach retirement age daily, but the next generation of workers isn’t large enough to replace them. Decades of declining birth rates have compounded the issue, shrinking the overall working-age population. This imbalance is especially painful in sectors that rely on experience and tenure, such as healthcare, education, and the skilled trades.

    1. Low Labor Force Participation

    Even with job openings at record highs, many prime-age adults (25–54) have exited the workforce due to caregiving responsibilities, health issues, or lack of training. As of mid-2025, labor force participation still trails pre-2008 levels, an economic signal that the problem is structural, rooted in long-term demographic and economic shifts, not cyclical fluctuations tied to short-term economic ups and downs.

    1. A Shortage of Specialized Skills

    The U.S. education and training pipeline is failing to keep pace with demand in tech and automation, emerging sectors like AI, cybersecurity, and clean energy, and trades and vocational fields (electricians, machinists, nurses). Immigration used to serve as a release valve, allowing companies to source specialized talent globally. But now, employers face caps, processing backlogs, and legal uncertainty, often losing talent mid-process.

    Policy Uncertainty and Compliance Pressures

    Immigration policy in the U.S. is often reactive and politically charged. Frequent shifts—executive orders, court rulings, and congressional stalemates—make it difficult for businesses to plan ahead or invest confidently in global talent strategies.

    Even companies that don’t sponsor visas are affected by I-9 audits, E-Verify mandates, and enforcement crackdowns. These increase compliance costs and risks, especially for small and mid-sized businesses, diverting attention from growth and innovation.

    Why This Matters Now: Economic Growth at Stake

    The U.S. has always relied on immigrants to build, grow, and adapt its economy. Immigrants are not only vital contributors to the workforce, they are entrepreneurs, innovators, and consumers. Restrictive and outdated immigration policies don’t just block workers, they block progress.

    Without strategic reform, industries will continue to struggle with talent shortages, wage inflation, and stalled innovation. Immigration policy must align with workforce realities, not hinder them.

    It’s critical that we reframe immigration not as a political flashpoint, but as a business and economic necessity. Employers, industry leaders, and policymakers must recognize that global talent is not a threat—it’s a competitive advantage. Immigration policy must reflect the real needs of the modern workforce.

    How are today’s immigration policies limiting your organization’s ability to grow, compete, and innovate?

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