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Regulatory Compliance News & Updates
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2026-10-20T05:00:00Z
NewsIndustry NewsAssociate RelationsHR GeneralistFamily and Medical Leave Act (FMLA)In-Depth ArticleFamily and Medical Leave Act (FMLA)HR ManagementEnglishUSAFocus AreaHuman Resources
FMLA individual liability: Could you be held responsible for mistakes?
Most employers know that the federal Family and Medical Leave Act (FMLA) requires them to provide leave to eligible employees for certain qualifying reasons. Interfering with those rights or retaliating against employees when they ask for or take FMLA leave can risk a claim and land companies in court. But who’s considered an “employer” under the law?
The FMLA’s definition of “employer” includes anyone who acts directly or indirectly in the interest of an employer to any of the employer's employees. This can be:
- Corporate officers,
- Supervisors,
- Managers, or
- HR professionals.
Risks of acting on behalf of an employer
Because these people act in the interest of the employer, not only could any of them be called into court to defend their actions related to an FMLA claim, they could also be held individually liable for any FMLA violations.
This means that, if an employee feels their FMLA rights were violated and certain supervisors or HR professionals contributed to those violations, the employee can name those individuals in a claim, not just the employer as a whole.
The word “liability” can pack a wallop, and supervisors, managers, and HR professionals should be wary. Since individuals can be held liable, courts (and employees) can go after the individual’s personal assets.
Are they employers?
When determining if someone is acting as an employer, courts generally apply the economic reality test for FMLA purposes. Key factors include whether the person had:
- The power to hire and fire employees,
- Supervisory control over work schedules and conditions,
- The authority to approve or deny FMLA leave, and
- Access to and kept employment records.
If seen as an “employer,” a supervisor, manager, or HR professional may be named in a lawsuit, but liability can be hard to prove if they didn’t have independent authority to make employment decisions or control FMLA leave.
In many workplaces, HR professionals have the authority to control FMLA leave, as they usually determine whether an absence qualifies for FMLA protections. Therefore, they might have a heightened risk of being individually liable.
Can insurance help?
Because employers take on risks when they go into business, they invest in various types of commercial insurance to protect them. They might, for example, have Employee Practices Liability Insurance (EPLI). EPLI is a type of business insurance that protects employers from lawsuits and claims made by prospective employees, current employees, and past employees alleging wrongful employment practices.
Having individuals specifically named in a policy can increase their protections should a situation end up in court.
Key to remember: The FMLA includes an individual liability provision where HR professionals and others can have personal exposure.
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2026-10-20T05:00:00Z
NewsAir QualityIndustry NewsIndustry NewsEnvironmental Protection Agency (EPA)Renewable and Alternative EnergyBiofuelCAA ComplianceEnvironmentalRenewable and Alternative EnergyFocus AreaEnglishAir ProgramsAir ProgramsUSA
EPA proposes reallocating excess 2025 SREs to 2026, 2027
On October 16, 2026, EPA published a rule proposing to revise the Small Refinery Exemption (SRE) reallocation volumes for compliance years 2026 and 2027 under the Renewable Fuel Standard (RFS) program.
Who’s impacted?
The RFS program applies to obligated parties, including:
- Refiners of gasoline or diesel fuel (i.e., transportation fuel); and
- Importers of transportation fuel.
EPA sets annual renewable fuel volume and percentage standards for each compliance year. Obligated parties must calculate their individual renewable volume obligations (RVOs), measured in Renewable Identification Numbers (RINs), and obtain and retire enough RINs to meet their RVOs for each compliance year.
What’s the issue?
In April 2026, EPA established the annual volume and percentage standards for the 2026 and 2027 compliance years (Set 2 Rule), including reallocating part of the SREs granted and expected to be granted for the 2023–2025 compliance years.
However, EPA granted a higher volume of SREs for the 2025 compliance year than expected, exempting 770 million more RINs than the Set 2 Rule projected for the 2026 and 2027 compliance years. The agency plans to revise the Set 2 Rule to account for the additional SRE reallocation volume.
What’s the proposed solution?
EPA proposes reallocating 100 percent of the additional 770 million RINs by reallocating the additional 2025 exempted RVO either:
- Equally between the 2026 and 2027 compliance years, or
- Fully to the 2027 compliance year.
The proposed rule would adjust the renewable volume and percentage standards for biomass-based diesel, advanced biofuel, and total renewable fuel. The Set 2 Rule didn’t establish SRE reallocation volumes for cellulosic biofuel.
Additionally, the proposed rule may extend the current 2026 compliance reporting deadline of March 31, 2027.
EPA will host a virtual public hearing for the proposed rule on November 4, 2026. Public comments on the rule are due by December 4, 2026 (Docket ID No. EPA-HQ-OAR-2024-0505).
Key to remember: EPA proposes to reallocate the excess 2025 small refinery exemption volumes to the 2026 and 2027 compliance years.
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2026-10-20T05:00:00Z
NewsAir QualityAir EmissionsChange NoticesChange NoticeCaliforniaMobile Emission SourcesCAA ComplianceEnvironmentalFocus AreaEnglishAir ProgramsAir Programs
California amends vehicle regulations
Effective date: September 10, 2026
This applies to: Public agency utilities, high-priority fleets, and drayer trucks subject to the Advanced Clean Fleets (ACF) regulation and hydrogen refueling stations subject to the Low Carbon Fuel Standard (LCFS) regulation
Description of change: The California Air Resources Board (CARB) amended the ACF’s state and local government requirements. CARB’s final rule:
- Extends the 50 percent zero-emission vehicle (ZEV) purchase requirement to January 1, 2030;
- Modifies the Daily Usage Exemption and the ZEV Purchase Exemption to allow all vehicles of all model years to be eligible for consideration;
- Adds an exemption under the ZEV Milestones Option for captive waste and wastewater fleets that produce biomethane on-site;
- Expands the ZEV Purchase Exemption availability criteria to ensure minimum ZEV warranty requirements and manufacturer experience or reliability and streamlines the exemption process;
- Modifies the Fleet Resiliency Exemption by lowering the ZEV penetration threshold from 25 to 5 percent of the fleet where it stays and expands eligibility to all vehicle types; and
- Repeals sections of the ACF regulation for high-priority fleets and drayer trucks (these regulations were never implemented because CARB didn’t have a federal preemption waiver to enforce them).
CARB also amended the LCFS regulation, modifying the derating factors for light- and medium-duty hydrogen refueling infrastructure (LMD-HRI) crediting. CARB reduced the derating factor so that LMD-HRI stations may receive HRI credits for the full nameplate capacity for public stations and 50 percent of the nameplate capacity for private stations.
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2026-10-20T05:00:00Z
NewsEnglishWasteRecyclingChange NoticesChange NoticeWasteTexasSustainabilityEnvironmentalSolid WasteWaste/HazWasteSustainabilityFocus Area
Texas adopts financial assurance rules for recycling facilities
Effective date: October 1, 2026
This applies to: Recycling facilities that accept, process, and repurpose renewable energy components
Description of change: The Texas Commission on Environmental Quality (TCEQ)’s final rule adds 30 TAC Chapter 376 (and amends Chapter 328 accordingly) to establish new requirements for recycling facilities that accept, process, and repurpose renewable energy components for recovering valuable materials from:
- Wind turbine generators,
- Solar energy devices, and
- Battery energy storage systems.
The new rule adds reporting, financial assurance, and penalty requirements. For example, the regulation requires recycling facilities to submit annual reports by January 15 that include:
- An inventory of unrecycled renewable energy components,
- An estimated timeline to recycle them,
- A cost estimate for recycling or disposing of the materials prepared by a third-party Texas-licensed professional engineer, and
- Evidence of financial assurance for the cost estimate.
Related state info: Non-hazardous solid waste and recycling state comparison
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2026-10-20T05:00:00Z
NewsChange NoticesChange NoticeWater ProgramsWater QualityEnvironmentalWater ProgramsEnglishNorth DakotaFocus AreaCWA Compliance
North Dakota adopts permanent septic system rules
Effective date: October 1, 2026
This applies to: The licensing, permitting, and installation of on-site wastewater treatment systems (septic systems)
Description of change: The North Dakota Department of Environmental Quality (DEQ) finalized permanent rules for on-site wastewater treatment systems (septic systems). The final rule establishes statewide licensing requirements, a common technical code, and a process for variances from the code.
Senate Bill 2267 shifted responsibility for regulating septic systems to the DEQ. The department issued an emergency rule in 2025 to continue existing licenses. This rulemaking finalizes:
- Licensing requirements for septic system installers,
- Training requirements for licensed septic system installers,
- Permit requirements (permits will continue to be issued by the local permitting authority), and
- Technical requirements (which closely align with the existing voluntary common code previously developed).
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2026-10-20T05:00:00Z
NewsEnglishWasteHawaiiChange NoticesChange NoticeWasteSpecial WasteWaste ManagementEnvironmentalSolid WasteWaste/HazWasteFocus Area
Hawaii overhauls solid waste landfill regulations
Effective date: September 25, 2026
This applies to: Facilities that manage solid waste
Description of change: The State of Hawaii Department of Health made the first major update to the solid waste management control regulations in decades. The amended regulations:
- Increase flexibility for small municipal solid waste landfills (MSWLFs),
- Revise siting restrictions for MSWLFs,
- Add requirements for construction and demolition landfills and special waste landfills,
- Add leachate control and closure requirements for all solid waste management facilities,
- Require auto processing and salvaging on an impervious surface, and
- Update the solid waste permitting program.
Examples of significant changes include:
- Adding requirements for facilities that manage solid waste (except landfills), such as leachate control for all facilities and use of impervious working surfaces for solid waste salvage facilities;
- Updating MSWLF requirements (such as requiring compliance with the federal maximum contaminant level or state level (whichever is lower) for groundwater contaminants); and
- Adding new requirements for construction and demolition landfills.
Related state info: Non-hazardous solid waste and recycling state comparison
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