Employment Law Updates: Nov. 11, 2026

What employers should know about key developments this week:

Hiring, Harassment, and Pregnancy Accommodation: The Equal Employment Opportunity Commission (EEOC) rescinded its 2012 “ban the box” guidance on arrest and conviction records and eliminated its 2024 workplace harassment enforcement guidance. The EEOC has also signaled that it intends to roll back its rules implementing the Pregnant Workers Fairness Act.
Tipped Workers, Contractors, and Classification: The Department of Labor (DOL) withdrew the guidance underlying the Biden-era 80/20 tipped worker rule and finalized rules dismantling decades of affirmative action compliance guidelines for federal contractors. The DOL has also proposed a rule that would replace the six-factor “totality of the circumstances” worker classification test with a two-factor “economic realities” test.
Labor Board Precedents: The National Labor Relations Board (NLRB) reversed its 2023 decision on employee misconduct and formally rescinded its 2023 joint-employer standard. NLRB General Counsel Crystal Carey’s August 2026 memo identifies Biden-era precedents targeted for reversal.

Federal Employment Rules Scrapped, with More on the Chopping Block
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November 11, 2026

Transcript

[00:00:03] George Whipple: Welcome to Employment Law This Week. I’m George Whipple. The results of the mid-term elections mean significant change is coming to congress in January. But, for the federal employment regulators, the focus remains the same - working to undo rules that conflict with the administration’s priorities. Today we look at what has already been scrapped, and what’s on the chopping block.

[00:00:30] George Whipple: We begin with the EEOC. Last month the agency rescinded a 2012 “ban the box” guidance on arrest and conviction records. The Commission has also eliminated 40-year-old guidelines for voluntary affirmative action and workplace harassment enforcement guidance adopted in 2024. This month, the EEOC signaled that it intends to roll back rules implementing the Pregnant Workers Fairness Act that required employers to accommodate conditions like infertility, menstruation, and menopause.

[00:01:07] George Whipple: Also up for repeal or revision: EEO workforce data reporting and uniform guidelines on employee selection procedures. The Department of Labor has begun an aggressive deregulatory campaign driven by a series of executive orders. Last month, the DOL withdrew the guidance behind the Biden-era 80/20 tipped worker rule.

[00:01:29] George Whipple: This follows the elimination of coordinated enforcement regulations designed to protect migrant and seasonal workers and the 2024 overtime salary thresholds. The Department recently finalized a suite of rules dismantling decades of affirmative action compliance guidelines for federal contractors. The DOL has proposed a rule that would eliminate the Biden-era six-factor “totality of the circumstances test” for worker classification and replace it with a two-factor “economic realities” test.

[00:02:04] George Whipple: Other rules targeted for elimination include wage protections for home health care workers and collective action protections for agricultural workers. Significant changes are likely for OSHA’s long-anticipated federal heat safety rule. And the National Labor Relations Board has reversed its 2023 decision on employee misconduct and formally rescinded its 2023 joint-employer standard.

[00:02:33] George Whipple: In August, General Counsel Carey published a memo that provided a roadmap of Biden-era precedents targeted for reversal. Included are decisions on captive-audience employee meetings, workplace handbooks, union recognition, severance agreements, and financial remedies for labor violations. And that is only a sampling of what’s been scrapped or is targeted for elimination.

[00:03:00] George Whipple: It remains to be seen whether the changes on Capitol Hill will impact any of these efforts. We’ll keep you updated as it all unfolds. That’s it for this week. Thanks for watching. We’ll see you next time.

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