Fractional COO

The Occupational Safety and Health Administration (“OSHA”) recently announced the launch of the Safety Champions Program—a voluntary, self-guided initiative that highlights core practices employers should integrate into their workplace safety and health programs. Rather than serving as another box-checking exercise, the program reflects OSHA’s broader move away from enforcement-first oversight and toward promoting proactive hazard identification, prevention, and risk management.

The Department of Labor (DOL) recently published 6 new opinion letters offering guidance on employee classification, bonuses, overtime exemptions, and family medical leave.

In Part 1, MNK Law covers employee reclassification and bonus exclusion questions that the DOL answers.

Reclassification from Exempt to Non-Exempt

Issue: An employer reclassified a Licensed Clinical Social Worker as non‑exempt after removing supervisory duties that made the role exempt.

As there have been several noteworthy updates to legislation this year, we are back with another heads-up for your business. Employers should look out for these recent changes to regulations that took effect January 1, 2026.

The Worker Adjustment and Training Notification Act (“WARN”) is designed to provide employees advance notice of significant workforce reductions, allowing them time to prepare for job loss or transition. While the statute has been in place for decades, compliance issues continue to arise—particularly for employers operating through multiple affiliated entities. In those situations, the question is not only whether a layoff triggers WARN, but also which entities may be legally responsible for providing notice.

Starting Jan 1, 2026, California employers will need to comply with new restrictions on repayment clauses, or “Stay-or-Pay” provisions, within employment contracts – particularly sign on or retention incentives.

It is the beginning of the year again, and that means that employers must be on the lookout for new employment regulations taking effect in California. This year is no different. Here are three key changes among the new legislation taking effect.

On December 23, 2025, the U.S. Department of Homeland Security (“DHS”) issued a Final Rule that significantly changes how cap-subject H-1B visas are allocated. Historically, employers registered candidates and relied on a random lottery because demand far exceeded the annual cap of 65,000 visas, plus an additional 20,000 for individuals with advanced U.S. degrees. Under the prior system, employers had roughly a 30% chance of being selected to file a full H-1B petition, regardless of the wage level or skill requirements of the position.

A federal judge has temporarily stopped California from expanding its labor board’s reach into private-sector labor disputes that are traditionally overseen by the National Labor Relations Board (NLRB). The December 26 decision blocks major provisions of a 2025 California law that would have allowed the state to step in when the federal labor agency is delayed or inactive. For employers in California—particularly those dealing with union organizing efforts or potential unfair labor practice (ULP) claims—the decision underscores that federal law and the NLRB remain the primary authorities governing private-sector labor relations in California, and generally nationwide.