HR and future of work · Industry brief

The New Jersey Department of Labor and Workforce Development added eight businesses to its Workplace Accountability in Labor List (The WALL) in September 2026, bringing the total to 402 employers barred from public contracting for violations of wage, benefit, or tax laws. The eight newly listed businesses collectively owe $743,826.95 in unpaid wages, fines, and penalties, with violations primarily involving Workers' Compensation Law and wage and hour laws. Since the WALL initiative launched in September 2023, NJDOL has recovered $1,241,338.32 from businesses on or warned about the list, with the total outstanding liability across all 402 listed employers now at $37 million. The enforcement tool, established through bipartisan legislation in 2020, requires state, county, and municipal procurement officers to cross-reference The WALL before awarding public contracts.

New York Governor Kathy Hochul signed Senate Bill S3460 on September 9, 2026, enacting a personnel record access law that takes effect November 8, 2026. The law, modeled on Massachusetts's Personnel Record Law, grants employees the right to access their complete personnel records at no cost within five business days of a written request, receive notice within ten days when negative information is added to their file, and submit written rebuttals that become part of the permanent record. Employers are limited to two requests per calendar year per employee, though requests triggered by negative information placement do not count toward this cap. The statute defines "personnel record" broadly to include job applications, performance evaluations, warnings, disciplinary memos, and records held by third-party vendors, with ambiguity remaining about what constitutes "negative" information requiring notice. Violations carry fines of $500 to $2,500 enforced by the New York Attorney General, and the law includes an express anti-retaliation provision prohibiting discharge, threats, penalties, or discrimination against employees exercising these rights, with specific language protecting against immigration-related retaliation.

Executives receiving stock awards risk triggering Hart-Scott-Rodino (HSR) Act filing requirements if their total holdings exceed $133.9 million, a compliance obligation frequently overlooked by companies and officers. The HSR Act, enforced by the Federal Trade Commission, requires pre-notification filings not only for M&A transactions but also for executive compensation in securities form including restricted stock units (RSUs). Failure to file within required timeframes can result in civil penalties up to $53,088 per day from acquisition to HSR clearance, with multiple enforcement actions documented where executives paid multi-million dollar fines for missed filings. Recent stock price increases have intensified this risk, as officers previously below thresholds may now exceed them with additional awards already in compensation plans. HR, compliance, and in-house counsel should establish HSR monitoring programs tracking officer and director holdings, anticipated awards, and prior filings to flag obligations in advance and prevent costly violations and reputational harm.