Sari Long, Author at Laborsphere

2026 Colorado Employment Law: What’s New, What’s Next, and What to Do About It

Colorado’s 2026 legislative session produced significant employment law changes spanning workers’ compensation, identification document protections, workplace safety, demographic data reporting, and AI-driven decision-making. Some requirements are already in effect, while others phase in through 2027 and 2028. Employers should review the effective dates and begin assessing whether any new notice, reporting, or policy updates are required.

To view the full alert, visit the Faegre Drinker website.

The FAIRNESS Act, Indiana’s New Immigration Law with a July 1, 2026, Deadline for Employers

Effective July 1, in Indiana it is unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an individual who is not authorized to work in the United States. While the prohibition does not apply to hiring or recruitment that occurred before July 1, employers have an obligation to terminate any employee hired before July 1 who is known to lack lawful work authorization. We suggest practical next steps for Indiana employers.

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Temporary Protected Status (TPS): Where Things Stand at the Close of 2025

At a Glance

The Trump administration continues to move forward with terminating Temporary Protected Status (TPS) designations, in line with its stated immigration agenda. Out of 17 countries under active TPS designations at the beginning of this year, 11 have now seen protected status terminated.

The termination of a country’s TPS designation ends its nationals’ protection from removal and the ability to extend work authorization.

While the fate of the other countries that are still under active TPS designation remains uncertain, employers should be prepared for similar terminations in 2026, based on the administration’s agenda to examine and amend humanitarian immigration programs thus far.

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DHS Issues Interim Final Rule on Removal of the Automatic Extension of Employment Authorization Documents

At a Glance

Employers should take steps to immediately identify any employees whose current EAD is expiring in the next six months and beyond. These employees will no longer be eligible for automatic extension of their work authorization based on timely filing of a renewal application.

Employees who hold EAD cards should be encouraged to submit their renewal applications as early as permitted (in most cases, this can be done up to 180 days before the expiration date of the EAD card).

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DOT Issues Emergency Rule Limiting Commercial Driver’s Licenses for Foreign Nationals

At a Glance

Nondomiciled drivers applying for or renewing their CDL/CLP must provide an unexpired I-94 record indicating one of three specific employment-based nonimmigrant categories: H-2A, H-2B or E-2, and appear in person and provide an unexpired foreign passport at every issuance and renewal.

Foreign nationals holding other lawful status and valid employment authorization documents are now ineligible, including asylees, refugees, and Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) beneficiaries.

The IFR specifically singles out California, Colorado, Pennsylvania, South Dakota, Texas and Washington State for licensing failures, warning that any state found noncompliant could lose issuance authority and/or federal funding.

Employers with nondomiciled drivers should plan for disruptions in CDL renewals while states pause and update their systems to comply with the IFR.

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How a Federal Government Shutdown Affects U.S. Employment-Based Immigration

Because U.S. Citizenship and Immigration Services (USCIS) is funded by user fees, USCIS remains open and will continue to accept and process applications. There are some exceptions to this rule for programs that receive appropriated funds, including E-Verify, the EB-5 program, Conrad 30 J-1 doctors and non-minister religious workers.

In the past, when the government reopened, USCIS accepted late I-129 filings provided the petition was submitted with evidence that the primary reason for failing to timely file an extension of stay or change of status request was the government shutdown.

Note that the unavailability of E-Verify does not change the requirement for employers to complete Form I-9 no later than the third business day following an employee’s first day of work for pay.

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