2026

The New Jersey Department of Labor and Workforce Development (NJDOL) launched the Employer Response Portal, where employers must submit separation information under New Jersey’s Unemployment Compensation Law.

The portal requires employers to proactively report layoffs, discharges, resignations, and retirements within seven (7) days of separation, rather than waiting for the former employee(s) to file for unemployment benefits. Employers also have seven (7) calendar days after the NJDOL makes an initial unemployment benefit determination to file an appeal.

The U.S. Department of Health and Human Services has pushed back final action on its proposed overhaul of the HIPAA Security Rule from May 2026 to July 2027, giving covered entities and business associates additional time to prepare for what would be the first major update to the Security Rule since 2013. Employers that sponsor self-insured health plans should take note of the delay and consult with ERISA counsel on next steps to ensure their plans are in compliance.

The proposed rule, published in the Federal Register on January 6, 2025, would eliminate the distinction between “required” and “addressable” implementation specifications, mandate multi-factor authentication, expand encryption requirements, require comprehensive technology asset inventories and network mapping, extend documentation requirements, and impose detailed incident response and disaster recovery planning obligations, among other significant changes.

OSHA has proposed a new rule, OAR 437-002-0150, to implement the workplace violence prevention requirements of Senate Bill 537, enacted in 2025.

The proposal would create a dedicated OSHA standard for healthcare employers, placing Oregon alongside California, Washington, Minnesota, Virginia, and New Jersey in the growing list of states with healthcare-specific workplace violence prevention mandates.

For years, D+G PERKS has shared insights on important developments affecting employers and workplace professionals. Today, we’re excited to launch the next chapter. D+G PERKS is now a dedicated blog designed to provide practical guidance on the legal, regulatory and business issues shaping today’s workplace.

Readers can expect timely analysis on:

  • Labor and employment law developments
  • Employee benefits and ERISA matters
  • Wage and hour compliance
  • Employment litigation trends
  • Artificial intelligence and workplace technology
  • Workplace policies and compliance issues
  • State and federal regulatory changes

The NLRB’s new General Counsel, Crystal S. Carey, just released Memo GC 26-04 and it’s a significant signal of where labor law enforcement is headed.

The Memo identifies some key positions she’s already taken, including seeking to overturn Biden-era precedents on severance agreements (McLaren Macomb), work rules (Stericycle), and captive audience meetings (Amazon). In the Memo, GC Carey signaled anticipated future challenges to Cemex bargaining orders, duty-to-bargain standards, and protections for employee conduct under Lion Elastomers.

The city just expanded its Fair Chance Ordinance. Under the new amendment, employers are now prohibited from considering out-of-state criminal convictions or arrests tied to conduct that’s lawful in California, including abortion-related healthcare, gender-affirming care, drag performances, and miscarriage-related care.

On August 14, 2026, the Southern District of New York issued a notable decision for employers addressing the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) in Lane v. Salesforce, Inc. As previously discussed in PERKS, the EFAA enables employees asserting sexual harassment or sexual assault claims to proceed in court despite a pre-dispute arbitration agreement with their employer.

On July 8, 2026, in a case of first impression, the Ninth Circuit (which includes California) interpreted the effective date of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). As previously discussed in PERKS, the EFAA enables employees asserting sexual harassment or sexual assault claims to proceed in court to litigate certain claims despite the existence of a pre-dispute arbitration agreement with their employer.