HR and future of work · Industry brief

The Pregnant Workers Fairness Act (PWFA) extends employer accommodation obligations beyond the ADA and FMLA in significant ways. According to employment law attorneys quoted by SHRM, the PWFA requires reasonable accommodations for pregnancy-related conditions that wouldn't qualify under the ADA—including minor conditions like morning sickness, nausea, and sciatica—and may require temporary suspension of essential job functions, a requirement not imposed by the ADA. The law applies to employers with 15 or more employees and covers accommodations such as modified breaks, workstation changes, remote work, and leave for medical appointments. The PWFA also overlaps with the PUMP Act (enacted December 2022), which requires reasonable break time and private space for nursing mothers to express breast milk for up to one year after childbirth, applying to most private and public employers under the FLSA with limited exceptions for employers under 50 employees claiming undue hardship. HR professionals are cautioned to document accommodation requests and ensure front-line supervisors understand legal requirements to avoid improper rejection of accommodation requests.

Colorado's Automated Decision-Making Technology Act (SB26-189), effective January 1, 2027, imposes significant new compliance obligations on employers using AI in hiring and employment decisions. The law requires employers to provide notice when using AI for résumé screening, applicant scoring, performance evaluation or compensation decisions; explain adverse outcomes within 30 days; maintain documentation for three years; and offer meaningful human review upon request. The statute applies to both formal company-sanctioned AI use and informal employee use such as ChatGPT queries, creating compliance risk for organizations whose hiring managers and supervisors may not recognize their casual AI applications fall under the law. Colorado's Attorney General will issue further regulatory guidance by year-end to clarify enforcement scope, though the AG retains discretion to skip cure periods for intentional or repeat violations. Employers should immediately audit hiring processes and implement AI user policies with staff training to prepare for compliance ahead of the 2027 deadline.

The U.S. Department of Labor opened the 2026 VETS-4212 reporting platform on August 1, 2026, with all filings due by September 30, 2026. Federal contractors and subcontractors with a single covered contract of $200,000 or more must file VETS-4212 reports regardless of employee count. The contract threshold increased from $150,000 as part of the Federal Acquisition Regulatory Council's review of procurement thresholds. The 2026 form requires filers to report protected veteran workforce data and hiring activity by EEO-1 occupational category across their reporting locations. The DOL will not send notices of platform opening, deadline reminders, or failure-to-file notifications, placing the burden on covered contractors to track the deadline independently. Source: Ogletree Deakins blog.

A Florida federal district court declined to dismiss Fair Labor Standards Act overtime wage claims brought by television producers against Brandstar Local, LLC and Brandstar, Inc., ruling that the producers sufficiently pleaded their claims with adequate factual allegations regarding unpaid overtime, properly alleged a joint employer relationship, and sufficiently alleged willful violations warranting the three-year statute of limitations.