Workforce Bulletin

On October 16, 2026, the National Institute of Standards and Technology (NIST), the National Security Agency (NSA), and the Cybersecurity and Infrastructure Security Agency (CISA) published a list of 10 “Key Practices for Incident Readiness and Response in Super Intelligence Training and Evaluation” (the “NIST Document” or “document”). The NIST Document is significant, as it is the first government effort to provide information to designers and deployers on mitigating risks associated with agentic artificial intelligence (AI) systems. To that end, NIST’s Center for Advancing Innovation and Standards for Super Intelligence (CAISSI), NSA’s Super Intelligence Security Center (SISC), and CISA partnered to develop best practices, described below, for incident response regarding super intelligence (SI) threats.

The New York City Commission on Human Rights (the “Commission”) approved and adopted final rules amending previous rules implementing the New York City Fair Chance Act (FCA). The finalized rule amendments are set to take effect on October 30, 2026.

On October 14, 2026, U.S. District Judge Adam B. Abelson, District of Maryland, denied a motion for a preliminary injunction and stay in National Ass’n of Diversity Officers in Higher Education v. Trump with respect to the March 2026 Executive Order (EO) No. 14398, “Addressing DEI Discrimination by Federal Contractors.”

The Equal Employment Opportunity Commission (EEOC)’s enforcement priorities have changed, and it seems, so have corresponding timelines to respond to employee charge allegations. Employers responding to charges of discrimination filed with the EEOC are encountering shorter deadlines for submitting position statements. This development makes prompt coordination with counsel and timely collection of evidence more important than ever.

The State of Rhode Island – the smallest state in the nation – is not often thought of as a trendsetter for legal issues. But in July 2025, the Ocean State set off the latest trend in employment protections by becoming the first state to enact employment-related legislation meant to support women who experience menopause.

On September 30, 2026, the U.S. Court of Appeals for the Second Circuit joined the Sixth and Ninth Circuits in their interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act’s (EFAA) scope. In Diaz-Roa v. Hermes Law, P.C., the court extended the developing consensus view that a plaintiff who includes a “claim” of sexual assault or sexual harassment in their complaint extends the statute’s invalidation of an existing agreement to arbitrate every claim in the lawsuit—in other words, the entire “case.”

Effective December 13, 2026, New York State will require most private employers to stock their workplaces with opioid antagonists (antidotes), such as naloxone or Narcan.

Part of the “ERISA – You’ll Need a Lawyer for That” series.

On September 8, 2026, the U.S. Department of Labor’s (DOL’s) Employee Benefits Security Administration (EBSA) issued Field Assistance Bulletin No. 2026-03 (“FAB 2026-03”) and an accompanying compliance resource identifying potential warning signs of Mental Health Parity and Addiction Equity Act (MHPAEA) violations.

On September 30, 2026, the New York State Department of Labor (NYSDOL) issued a proposed rule on the “Prevention of Retail Workplace Violence” prior to the upcoming effective date for the New York Retail Worker Safety Act’s (the “Act”) silent response button provision. Beginning January 1, 2027, the Act will require covered retailers to provide a silent response button, a tool that allows employees to discreetly request immediate assistance during emergencies, as we addressed in a past blog post. The proposed rule provides guidance on what counts as a silent response button under the Act, employer coverage, and other important considerations for New York retail employers.  

The New Jersey Department of Labor (NJDOL) has activated its Employer Response Portal (“Response Portal”). This long-awaited update relates to the July 31, 2023, amendments to the Unemployment Compensation law, which requires employers with employees in the state to report every employee separation electronically to enable faster unemployment benefit determinations.