Blog Articles

Navigating HR Trends and Potential Compliance Changes in 2026 

As 2026 begins, workplace change shows no signs of slowing. Employers are facing shifting compliance requirements, evolving workforce expectations, and increased scrutiny around the use of artificial intelligence in employment decisions. 

Starting the year with a proactive HR strategy can reduce risk, support compliance, and help leaders make more confident decisions. Reviewing policies and setting clear expectations can put organizations in a stronger position as new rules and trends take shape. 

Below are key human resources considerations to help businesses prepare for the year ahead.  

Monitor EEOC Activity and Workforce Trends

Several HR and employment law trends are already emerging in early 2026, signaling areas employers should watch closely: 

  • Discrimination charges are rising. EEOC data shows filings have increased in recent years, pointing to higher enforcement activity and litigation risk. 
  • Disability, race, and sex claims remain the most common. Disability-related claims continue to grow, reinforcing the need for strong accommodation and interactive process practices. 
  • Union-related rules are evolving. New state laws and federal agency decisions are challenging long-standing practices around mandatory “captive audience” meetings during organizing efforts. 
  • “Stay or Pay” agreements are under scrutiny. States such as California and New York are taking a closer look at agreements that require employees to repay training, equipment, or relocation costs if they leave their job.  

Stay Ahead of Wage and Leave Law Updates

Wage and leave compliance continues to expand at the state and local level. Minimum wage and salary thresholds are increasing in many jurisdictions, often with different requirements based on employer size or industry. 

Paid sick leave laws now apply in 19 states and continue to expand. Paid family and medical leave programs are also launching or broadening in several states heading into 2026, adding new administrative and payroll considerations for employers. 

Prepare for Artificial Intelligence Regulation in HR  

Lawmakers are paying closer attention to how employers use artificial intelligence in hiring, promotion, and other employment decisions. Several states have enacted or proposed laws regulating employment-related AI tools. 

These laws often require transparency, bias testing, and recordkeeping to address concerns about “algorithmic discrimination.” Employers should be prepared to explain how AI tools influence decisions and demonstrate that their use does not create unintended bias against protected groups.  

Looking Ahead

Employers that review policies, train managers, and track legal developments early in the year are better positioned to adapt as changes emerge. A proactive HR approach supports consistency, reduces risk, and helps organizations respond more effectively to new requirements.  

The year ahead will reward employers who stay informed, document decisions carefully, and treat compliance as an ongoing process rather than a one-time task.  

This article does not constitute legal advice and does not address state or local law.  

This article was prepared with the assistance of Evan Smithers, Esq., Senior Attorney and Human Resources Consultant for Engage PEO.