In the News: Laura Balson and Maxwell Bernas Share Six Employment Law Trends HR Can't Afford to Miss for HR.com

Constangy attorneys Laura Balson and Maxwell Bernas authored an article for HR.com's HR Legal & Compliance Excellence magazine discussing six developments that have shaped employer compliance in 2026. These include EEOC enforcement priorities, pay transparency, rising state wage and hour thresholds, biometric privacy claims, expanding state leave laws, and the state-by-state patchwork of noncompete restrictions. As a result, employers face a more complex compliance landscape, and the answer across these areas often depends on where an employee is working.

Laura and Max explained that the EEOC is prioritizing DEI-related discrimination and may shorten the charge response period from 30 days to 15. They also noted that pay transparency laws are prompting internal pay audits, and Illinois' Biometric Information Privacy Act may reach AI meeting assistants that identify speakers. They highlighted that 19 states raised their minimum wage, and six raised exempt salary thresholds in 2026. More than 35 states have introduced bills restricting noncompetes since the FTC's rule was struck down.

Laura and Max shared practical steps for employers, including auditing pay ranges and exemption classifications, having counsel review new workplace technologies, tailoring restrictive covenants to the role and jurisdiction, and keeping employee work locations current.

"Nearly every trend turns on one question: Where is the employee actually working?" said Laura and Max. "Remote employees move, sometimes just across a state line, without telling HR, so employers need to keep work locations current and confirm state and local requirements before acting on pay, leave, discipline, or restrictive covenants."

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