Compliance Stuff

  The Chicago Office of Labor Standards (OLS) has adopted and published changes to the rules implementing the city’s Fair Workweek Ordinance. Final rules implementing this ordinance were originally issued in 2020 . New rules were published May 15, 2026 , however, and will take effect June 1, 2026. The more substantive changes include: Replacing “calendar week” with “week” and defining “week” as seven consecutive 24-hour periods (consistent with the FLSA). It may begin on any day of the week and any hour of the day. Clarifying how to calculate employer size, which determines whether an employer is covered under the ordinance. Specifically, the city will count the average number of global employees and covered employees (as defined by the ordinance) during a 12-month period for existing employers and 90 days for new employers. Requiring that a work schedule be time-stamped with its date and time of posting. Adding additional requirements for a good-faith estimate, including the dat...

Background and Legal Framework On April 24, 2024, the US Department of Justice (DOJ) published a final rule in the Federal Register amending its regulations implementing Title II of the Americans with Disabilities Act (ADA). T his rule establishes, for the first time, specific and enforceable technical standards governing the accessibility of digital services provided by state and local governments, including websites and mobile applications. Title II of the ADA has long required that public entities ensure that individuals with disabilities are not excluded from participation in, or denied the benefits of, governmental services, programs, or activities. The Final Rule clarifies and ensures people with disabilities have access to state and local governments’ services, programs, and activities available on digital services, including websites and mobile apps. Technical Standard for Compliance The Final Rule adopts the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA, w...

On May 14, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) submitted a proposal to the Office of Information and Regulatory Affairs (OIRA) concerning federal equal employment opportunity reporting and recordkeeping requirements. According to the OIRA entry, the proposal concerns the rescission of EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and reporting requirements under Title VII, the ADA, GINA, and the PWFA. Currently, the EEO-1 Component 1 Report requires certain private employers and federal contractors to submit annual workforce demographic data categorized by job category, race, ethnicity, and sex. At this stage, the EEOC has not issued the text of any proposed regulatory changes, and details regarding the scope or effect of the proposal are not yet available. Employers should not assume any existing reporting or recordkeeping obligations have changed unless and until the EEOC issues additional guidance or completes further administrative action. Employers also may remain...

On April 22, 2026, Virginia enacted legislation establishing a statewide paid family and medical leave (PFML) insurance program. T he program, which will be administered by the Virginia Employment Commission (VEC), will begin collecting payroll contributions on April 1, 2028 , and will begin accepting applications for benefits on December 1, 2028. The legislation significantly expands access to paid family and medical leave in the commonwealth and will impose new obligations on employers once it becomes effective. The statute creates the basic framework for the program, but many critical details will be established in regulations and guidance to be issued by the VEC before the program launches in 2028. Employers should begin familiarizing themselves with the new requirements now and develop a plan to ensure future compliance as additional guidance becomes available. Benefits Under the New Law Beginning December 1, 2028, covered individuals may apply for PFML benefits for certain qualif...

In April 2026, Alabama enacted the Alabama Personal Data Protection Act ( APDPA ), making it the 22nd U.S. state to adopt a broad consumer privacy law governing how organizations collect, use, and disclose personal data. While the APDPA reflects many elements common to other state privacy frameworks, it also stands out for several business‑friendly features, including broad exemptions, a permanent cure period, and narrower operational obligations than those imposed by some other state laws. T he APDPA is scheduled to take effect on May 1, 2027, and reflects the continued expansion of state-level privacy legislation across the United States. Given its close alignment to existing consumer privacy laws such as the Virginia Consumer Data Protection Act (VCDPA) that was enacted in 2021 , organizations with existing privacy compliance programs likely will not be required to make substantial adjustments to their compliance programs if the APDPA applies to them. We discuss the APDPA in more d...

On April 1, 2026, the Ninth Circuit in O’Dell v. Aya Healthcare Services, Inc. , 171 F.4th 1173 (9th Cir. 2026) held that the Federal Arbitration Act (“FAA”) protects employers from plaintiffs’ attempts to use inconsistent decisions about the enforceability of an arbitration agreement to invalidate all arbitration agreements in a class action . The court explained that extending a small number of arbitration rulings to bar arbitration for other employees would undermine the individualized nature of arbitration and conflict with the FAA’s strong policy favoring enforcement of arbitration agreements as written . This decision is a win for California employers. It generally reinforces the enforceability of arbitration agreements in a class action context and prevents isolated arbitration enforcement losses from automatically voiding the agreements for the rest of the putative class. Key Facts Former employees of a travel nursing agency filed a putative class action (not yet able certifie...

On May 8, 2026, the U.S. Court of Appeals for the Fifth Circuit ruled that temporary COVID-era telework did not permanently alter the essential functions of an on-site job and affirmed the dismissal of an employee’s claims under the Americans with Disabilities Act (ADA) because his need for full-time telework meant he was not a qualified individual. 0:00 7:05 Quick Hits On May 8, 2026, the Fifth Circuit upheld a l ower court’s decision to dismiss a disability discrimination claim because the plaintiff could not return to work in person, which was one of the essential functions of the job. The employer satisfied its obligation to provide a reasonable accommodation by offering telework two to three days a week, which the employee rejected. The employee’s inability to perform the essential job functions defeated causation for purposes of his retaliation claim. Factual Background The plaintiff worked for GStek, Inc., a federal contractor, as an IT systems administrator at Fort Polk’s Arm...