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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Regulatory Compliance News & Updates
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FEATURED NEWS
2026-04-23T05:00:00Z
NewsIndustry NewsHuman ResourcesAssociate RelationsTraining & DevelopmentHR GeneralistExpert InsightsDisabilities and ADAUSAHR ManagementEnglishFocus AreaDisabilities and ADAReasonable Accommodations
New leaders, new risks?
When a company hires (or promotes) a new leader, it’s no surprise that some changes might take place. New leaders often like to make changes, and usually with good intentions. A new leader might, for example, wonder why an employee has a long-standing work accommodation.
Case in point
An employee works well with an accommodation for years. A new leader is hired and makes some changes, including removing the accommodation without reviewing its effectiveness. The leader instead:
- Forces the employee to take leave she didn’t want or need,
- Denies the leave, and
- Then fires the employee.
While this might sound far-fetched, it’s based on an actual situation that landed in the hands of the federal Equal Employment Opportunity Commission, after an employee sued her former employer under the federal Americans with Disabilities Act (ADA).
In this situation, the new leader didn’t talk to the employee to determine if the previously provided accommodation was reasonable or if another was potentially available.
Changes and risks
Sometimes, new leaders make changes that can put the company at risk. Removing an effective accommodation without a valid reason puts the employer at risk of a disability discrimination claim.
Accommodations aren’t always forever
Employers don’t have to keep providing an accommodation forever, but before removing an effective one, they should have a good reason to do so.
Employers should ask themselves what has changed (other than leadership)?
- Did the job change?
- Did the employees’ needs change?
- Did the workplace change?
If leadership is the only thing that changed, the employer might have a tough time defending its actions, particularly if those actions lead to termination.
New leaders might question the validity of an accommodation. If so, they may review the accommodation by engaging in the interactive process with the employee to ensure that the accommodation remains effective and needed. Revoking a previously granted reasonable accommodation without any other action can violate the ADA.
The accommodations for the employee in the above story included using a walker and being allowed to occasionally sit. The employer is now facing the possibility of owing the employee back pay, front pay, reinstating the employee, plus paying compensatory and punitive damages.
Training
Training new leaders in the current accommodations the company is providing, and what not to do, might help avoid violations and reduce risks. All managers and supervisors should be familiar with accommodation obligations under the ADA and how to respond to employees seeking job accommodations. They should know that each situation must be addressed individually, and there’s no “one-size-fits-all” workplace accommodation.
Key to remember: A change in leadership can open employers up to risk if the new leaders aren’t familiar with the applicable laws and take actions they shouldn’t.
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RECENT INDUSTRY HIGHLIGHTS
2026-04-23T05:00:00Z
NewsCommercial drivers license CDLIndustry NewsIndustry NewsCommercial learners permit CLPCommercial drivers license CDLFocus AreaFleet OperationsEnglishTransportationUSA
FMCSA withholds more than $73 million from New York
The Federal Motor Carrier Safety Administration (FMCSA) is holding back over $73 million from New York. This withholding is in response to the state failing to revoke illegally issued non-domiciled commercial learner’s permits (CLPs) and commercial driver’s licenses (CDLs).
An FMCSA audit of New York’s non-domiciled commercial license issuance procedures noted:
- A 53 percent failure rate for issued licenses that violated federal law, and
- A default system that issued 8-year licenses to drivers regardless of when their legal status expires.
According to the FMCSA, New York has failed to execute corrective actions, including taking back noncompliant non-domiciled CDLs and CLPs.
The $73,502,543 being withheld represents 4 percent of the state’s National Highway Performance Program and Surface Transportation Program Block Grant funds.
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2026-04-23T05:00:00Z
NewsDriver qualification and hiringReasonable suspicion drug and alcohol testing - Motor CarrierRecruiting and hiringSafety & HealthFocus AreaAssociate RelationsTransportationDisabilities and ADAReasonable AccommodationsDrug and Alcohol TestingDrug and Alcohol TestingDisabilities and ADAMarijuanaHuman ResourcesUSADrug and Alcohol Testing - DOTDriver qualificationsDrug testing - Motor CarrierDrug and alcohol training - Motor CarrierHiring standards - Motor CarrierHR ManagementEnglishDriver recruiting and retentionTalent Management & RecruitingIndustry NewsIndustry NewsFleet SafetyGeneral Industry SafetyDrivers qualification (DQ file)HR GeneralistApplications/Applicants
Federal government reschedules medical marijuana
Medical marijuana has been reclassified into a lower drug category, placing it into the same classification as some prescription painkillers.
Attorney General Todd Blanche issued an order on April 23 moving medical marijuana from Schedule I of the Controlled Substances Act to Schedule III, a class of drugs with a moderate to low potential for dependence, that includes ketamine, Tylenol with codeine, and anabolic steroids. Schedule III drugs can be obtained with a prescription.
Under the order, products containing marijuana approved by the Food and Drug Administration (FDA) and marijuana products regulated by a state medical marijuana law are now in the lower drug category.
Rescheduling the drug into a lower classification will support research into marijuana safety and use of the drug for medical purposes, the attorney general noted in a press release.
Impact on the workplace
The order doesn’t address how the rescheduling of medical marijuana impacts compliance with other federal laws, but to avoid the risk of a discrimination claim under the federal Americans with Disabilities Act, employers in states where medical marijuana is legal should treat individuals using medical marijuana as they would treat any individual using a prescription medication.
This includes having a discussion with the employee about accommodations, which may include off-duty use of medical marijuana.
In states where medical marijuana isn’t legal, employers would only need to consider accommodations for use of marijuana products approved by the FDA.
Recreational marijuana considerations
The order doesn’t legalize recreational marijuana, but does announce a June 29 hearing to evaluate broader changes to marijuana’s status under federal law.
The order notes that it doesn’t apply to synthetically derived THC, such as Delta-10 products. The final order notes that synthetically derived THC is outside of the definition of marijuana.
The order also establishes a federal licensing system for state medical marijuana manufacturers and dispensaries. It notes that states where medical marijuana is legal have established systems to regulate the sale and use of medical marijuana.
How does this affect safety-sensitive jobs?
The Drug Enforcement Administration’s reclassification order doesn’t address the impact the change would have on federal drug testing regulations. Specifically, it doesn’t offer insights into Department of Transportation (DOT) drug testing of truck drivers, airline pilots, pipeline operators, and others in safety-sensitive positions.
Before any changes can be implemented by the DOT, drug testing procedures in 49 CFR Part 40 must go through the rulemaking process.
Key to remember: The federal government has moved medical marijuana to a lower classification of drug. To reduce the risk of a discrimination claim, employers in states where medical marijuana is legal should treat it as a prescription medication to lower the risk of a discrimination claim. Employers in all states should consider accommodations for FDA-approved marijuana products.
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2026-04-23T05:00:00Z
NewsChange NoticesWage and HourChange NoticeOregonAssociate Benefits & CompensationAssociate RelationsHR GeneralistMinimum WageHR ManagementEnglishFocus AreaHuman Resources
Oregon minimum wage to increase
Effective date: July 1, 2026
This applies to: Employers with employees in Oregon
Description of change: The Oregon Bureau of Labor and Industries released information on the hourly minimum wage increases effective July 1, 2026:
- Standard: $15.55
- Portland Metro: $16.80
- Non-Urban Counties: $14.55
The Oregon minimum wage rate is indexed to inflation based on the Consumer Price Index, a figure published by the United States Bureau of Labor Statistics.
View related state info: Minimum wage - Oregon
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2026-04-23T05:00:00Z
NewsIndustry NewsSafety and Health Programs and TrainingSafety & HealthConstruction SafetyGeneral Industry SafetySafety and Health Programs and TrainingIn-Depth ArticleEnglishFocus AreaUSA
Got safety handbooks? We asked, you answered
Employee training, onboarding, ongoing reference … We asked the J. J. Keller Insights Community, a group of customers who share feedback about safety-related topics, how they use safety handbooks in their workplaces. These handbooks are purchased – not created in-house by the panelists or their company – and may focus on a specific topic, like personal protective equipment (PPE), or cover a broad range of environmental, health, and safety (EHS) topics.
More than 70 percent of respondents said they require new employees to review safety handbooks during onboarding. Another 58 percent said they use them for refresher or ongoing training, and several respondents mentioned using them for reference purposes.
Handbooks can play an important role in workplace safety and health programs. For new employees, they help set clear expectations before starting work, identify where to find vital safety information, and build safe habits early on. Handbooks also help ensure consistency by delivering the same core safety information to all employees regardless of department, shift, or trainer.
For supervisors and managers, safety handbooks are practical tools for leading toolbox talks, reinforcing or developing training materials, and addressing unsafe behaviors.
Shared versus individual handbooks
Nearly 60 percent of survey respondents bought one handbook (or a few) and shared them among employees, while 42 percent provided individual handbooks for each employee. Of those who purchased one or a few, they typically kept the handbooks in central or safety-related locations, such as:
- Main offices
- Safety or compliance offices
- EHS departments
- Classroom or training spaces
- Shared libraries near Safety Data Sheet binders or training areas
- Shop floors near work areas
Use in training programs
As mentioned, the majority of those surveyed said they use safety handbooks as part of new hire, ongoing, and refresher training. This includes the following uses:
- Building or supporting existing training programs
- Creating quizzes or review questions
- Supporting skills testing (e.g., forklift, ladder, PPE)
- Providing supplementary materials for:
- Toolbox talks
- OSHA 30 courses
- Job-specific trainings (e.g., load securement, bloodborne pathogens, Federal Motor Carrier Safety Regulations)
Additional survey feedback
Open-ended survey responses highlighted that some companies prefer visual presentations or digital formats over print publications, with some expressing concern that hard copy materials may quickly become outdated. Others said they use handbooks only as background reference for the EHS team and see a need to increase handbook use in their company.
Key to remember: Safety handbooks can serve as a core part of safety and health programs by giving employees and supervisors a shared reference for training conversations and expectations.
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2026-04-22T05:00:00Z
NewsFamily and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)USAHR ManagementEnglishAssociate Benefits & CompensationIndustry NewsIndustry NewsWage and HourWage and HourHR GeneralistFair Labor Standards Act (FLSA)OvertimeAssociate RelationsFocus AreaHuman Resources
DOL published proposed joint employer rule
On April 22, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced a proposed rule to address joint employer status under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). This is an area of the law where components of legislative, executive, and judicial branches — at both the federal and state levels — have presented widely varying tests and standards.
Current rules
Currently, the WHD’s existing regulations under the FMLA and MSPA have different joint employer standards that vary in their level of detail. The proposed rule would ensure that the standard for joint employment under the FMLA and MSPA is consistent with the FLSA standard.
What the proposed rule does
The proposed rule is designed to address the lack of consistent regulatory guidance by offering a single federal standard that comes from similarities in federal court precedent (including Supreme Court rulings) and resolves significant differences among the circuit courts. The WHD hopes the proposed rule will give employees and employers a clear, consistent understanding of when multiple employers are jointly responsible for protecting the wages and other rights of employees by clearly communicating the WHD’s position and approach.
If the three laws shared the same regulatory joint employer provisions, the proposed rule could:
- Promote better business practices,
- Provide more clarity and certainty,
- Reduce litigation, and
- Enhance uniformity in the way courts and the WHD apply the three laws.
Joint employer liability
When a joint employment relationship exists, employers are jointly and separately liable for any wages, damages, and other relief owed to an employee, including paying for all hours the employee worked for all joint employers, including all overtime premiums due. Joint employers can also be liable for FMLA violations.
All interested parties are encouraged to submit comments on the proposed rule and may do so electronically at Regulations.gov until 11:59 p.m. EDT on June 22, 2026. After that date, the WHD must review the comments before publishing a final version of the rule.
Key to remember: The U.S. Department of Labor is moving forward with a revised joint employer rule for the FLSA, FMLA, and MSPA.
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.