Laborsphere

Philadelphia Amends ‘Ban the Box’ Law: Key Changes to the Fair Criminal Records Screening Standards Ordinance Effective January 2026

Philadelphia’s Fair Criminal Records Screening Standards Ordinance (FCRSSO), commonly known as its “ban the box” law, has regulated how and under what circumstances an employer can consider the criminal histories of its applicants and employees since its enactment in 2011. Philadelphia City Council, with the Mayor’s approval, has now amended the FCRSSO, effective January 6, 2026, presenting the need for employers to review and potentially update their criminal history screening procedures to comply with the law’s new requirements.

What’s New?

Expanded and Added Definitions

With this amendment, Philadelphia expands upon several of the definitions included in the FCRSSO through both clarification of existing terms and the addition of previously undefined terms. For example, the amendment defines “incarceration” — a term that is important for determining the conviction lookback period — to limit it to “confinement in a jail or prison” not “parole, home confinement, or residence at a treatment facility or residential program.”

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Illinois Continues to Expand Requirements for Employers in 2025 and 2026

Illinois lawmakers enacted an array of new employment-related laws and amendments that recently took effect or will take effect in 2026. Employers should take note of these changes, which expand employee leave rights, strengthen workplace protections, make changes at the Illinois Department of Human Rights, broaden equal pay obligations, impose additional requirements under the Illinois Workplace Transparency Act, and more.

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

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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