HR and future of work · Industry brief

The National Labor Relations Board now has enough Senate-confirmed members to overturn precedent for the first time in years, with significant shifts expected across the labor law landscape including 10 key rules and decisions most likely to change, according to predictions from Fisher Phillips' Labor Relations Practice Group. A wave of democratic socialist candidates and elected officials could impact workplace issues from healthcare to labor unions to wage and hour law as Election Day approaches. Religious accommodation requests have surged following a Supreme Court decision making it harder for employers to deny them, with dozens of courts weighing in on employer actions and the EEOC prioritizing protection from religious bias and harassment. The Department of Homeland Security proposed a new $103,265 fee on H-1B cap-subject petitions, reviving a federal court strike-down through a different legal route and inviting public comments by September 24. California lawmakers sent workplace-related bills to Governor Newsom for signature or veto by September 30, with significant changes to proposed PAGA regulations potentially being finalized later this year. Colorado enacted multiple workplace laws effective in 2027 and released proposed rules for AI-assisted hiring decisions, while Illinois enacted two employment laws taking effect January 1, 2027 on menopause-related protections and jury service wages. New York requires hospitals and nursing homes to establish workplace violence prevention programs starting September 18, and Massachusetts now requires employers to notify employees within 48 hours of receiving ICE inspection notices under the PROTECT Act.

Massachusetts employers must now provide written notice to all employees within 48 hours of receiving an ICE Notice of Inspection or request to review I-9 forms, effective August 5, 2026, under the state's PROTECT Act of 2026. The law aims to give workers advance notice to understand their rights and seek counsel before potential immigration enforcement activity, though it does not prescribe specific notice forms or delivery methods. Noncompliance carries penalties of $200 to $500. Employers should establish tested response protocols with legal counsel, document the precise date and time of ICE communications, and maintain audit trails of notification efforts, as the 48-hour period begins upon formal service regardless of whether individual employee records are subject to review.