Counseling & Compliance Training - Page 2 of 93

Minnesota Department of Labor and Industry Proposes Permanent Rules Relating to Earned Sick and Safe Time (ESST)

At a Glance

The proposed rules — if adopted as proposed — would provide much needed clarity to the ESST law and establish a few employer protections regarding employee misuse of ESST.

With Minnesota Paid Leave taking effect January 1, 2026, the proposed rules attempt to address “the related interplay between the ESST law and the Minnesota Paid Leave program.”

The DLI’s website sets a deadline of November 26, 2025, at 4:30 p.m., if interested persons or groups want to submit written comments or information about these possible rules.

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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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New California Laws for 2026 and Beyond: What Employers Should Know

At a Glance

AB 692 builds upon California law that can void contracts prohibiting competition after an employee’s employment ends by prohibiting certain contracts with “workers” (not only employees) that may have that effect but do not explicitly block competition.

SB 294 establishes the Workplace Know Your Rights Act and requires employers to provide a stand-alone written notice to all current employees by February 1, 2026, and annually thereafter.

SB 642 expands pay transparency requirements, by revising the definition of “pay scale” to mean a good-faith estimate of the wage range employers reasonably expect to pay for a position upon hire.

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2025 Legislative Developments for Colorado Employers

Colorado’s 2025 legislative session saw the passage of numerous laws that bolster employee protections and increase penalties for employers that violate key Colorado employment statutes. Many of these new laws have already gone into effect, while others are set to go into effect in 2026. Colorado employers should note the effective dates of these changes, and analyze their employment policies, agreements and other relevant documents to ensure they are prepared to comply. We summarize the most notable changes for private-sector employers in Colorado.

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Summary of New California AI Regulations Regarding the Use of AI in Employment Decision Making

New California Artificial Intelligence regulations (AI Regulations) adopted by the Civil Rights Council (Council) will be effective October 1, 2025. These regulations, which you can find here, are intended to protect candidates and employees against potential employment discrimination as a result of the use of AI, algorithms and other automated-decision systems. In adopting these regulations, the Council amended protections already afforded to candidates and employees under the California Fair Employment and Housing Act (FEHA) to define terms (discussed below) such as “automated-decision system,” “agent,” “employment agency,” “algorithm,” “artificial intelligence” and “machine learning.”

By way of background, the FEHA applies to employers with five or more employees. Employees located inside and outside of California are counted in determining whether employers are covered under the FEHA. If an employer engages in an unlawful employment practice that violates the FEHA, including a violation of the new AI Regulations as of October 1, 2025, then the complainant(s) or class of complainants are entitled to individual or personal relief, including, but not limited to, hiring, reinstatement or upgrading, back pay, or other relief in furtherance of the FEHA.

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