Skip to content

The PrestigePEO Perspective – November 2025

DOL Compliance: What Every Business Needs to Know
DOL Compliance: What Every Business Needs to Know

Understanding DOL Compliance for Growing Businesses

Navigating U.S. Department of Labor (DOL) regulations can be challenging for small and medium-sized businesses (SMBs), especially as rules evolve and enforcement increases.

Our latest article breaks down the core areas the DOL oversees and explains how PrestigePEO helps SMBs stay compliant, avoid costly penalties, and operate with confidence.

Is a MEC Plan Right for Your Business?

Is a MEC Plan Right for Your Business?

Comparing MEC to Traditional Benefits: Make the Right Call

In this article, we walk you through what MEC plans include (and exclude), when they can work, and when broader coverage is required.

With PrestigePEO acting as your strategic advisor, you can make informed decisions for your business, mitigate risk, improve benefits, and stay compliant.

ADA Compliance in Action

ADA Compliance in Action

Practical Strategies for Today’s Workplace

If you missed our recent ADA Compliance webinar, you can now access the full recording on demand. In this session, our compliance and HR experts broke down the essentials every employer needs to reduce risk and protect their workforce, including the ADA interactive process, leave coordination across FMLA and workers’ compensation, and key regulatory trends.

Watch now to gain clear, practical guidance you can apply immediately to strengthen compliance and support your employees with confidence.

Key California Employment Law Updates for 2026

CA Law Changes Employers Should Prepare For in 2026

California Employment Law Updates for 2026

This year, California’s Governor Newsom signed several new bills aimed at expanding California worker protections, resulting in increased employer obligations.  Highlighted below are the changes employers will need to review and plan to update their policies accordingly, with many of these new laws taking effect January 1, 2026.

Personnel Records to Include Education or Training Records

Effective January 1, 2026, SB 513 amends the Labor Code to require employers to provide employees with access to their education or training records, in addition to existing personnel records. These records must include: (1) employee name; (2) training provider; (3) training date and duration; (4) core competencies, including equipment or software skills; and (5) certification or qualification earned. All other requirements remain, such as making records available within 30 days of a written request and suspending the right to inspect during related lawsuits against the employer or former employer.

WARN Notice Revisions

Effective January 1, 2026, SB 617 amends the written notice requirement provided for a mass layoff, relocation, or termination pursuant to the California Worker Adjustment and Retraining Act to include: (1) information on whether the employer plans to coordinate rapid response services through the local workforce development board or another entity, along with a specific contact information; (2) information regarding CalFresh, the statewide food assistance program; (3) standardized job placement/retraining language; and (4) employer contact details.

Stay-or-Pay Employment Contract Repayment Requirements Unlawful

AB 692 adds limitations to the Business and Professions Code and will apply to all employers and all employment contracts entered into, on, or after January 1, 2026, prohibiting the inclusion of any term or conditions of the employment contract that require a worker to pay an employer, training provider, or debt collector for a debt or repay fees or costs incurred by an employers on the employee’s behalf should the worker’s employment or work relationship with a specific employer terminates.  Narrow exceptions related to tuition repayment, bonuses, apprenticeship programs, and others exist, but employers are encouraged to fully understand these exceptions and all associated penalties for non-compliance. Violations of Section 16608 are considered void as contrary to public policy.

Penalties for non-compliance include the right for any worker subjected to such a contract or contract term to bring a private civil cause of action on behalf of that worker, or other persons similarly situated, to court. Employer may be liable for actual damages sustained by the worker or workers on whose behalf the case is brought, or five thousand dollars ($5,000) per worker, whichever is greater, as well as injunctive relief, and reasonable attorney’s fees and costs

Pay Equity and Data Reporting

Equal Pay Act Amendments

Effective January 1, 2026, Section 432 of the Labor Code changes the term “pay scale” in job posting requirements to a “good faith estimate of the salary or hourly wage range that the employer reasonably expects to pay for the position upon hire.” The bill also revises Section 1197.5 of the Labor Code, which prohibits employers from paying employees at wage rates lower than those paid to employees of another sex for substantially similar work, subject to certain exceptions. SB 642 replaces “opposite” with “another” sex and defines “wages” and “wage rates” to include various forms of pay, such as salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. The bill also enlarges the statute of limitations from two to three years for pay equity claims and provides for the recovery of lost wages during the entire duration of the violation, up to six years.

Employee Pay Data Reporting Expanded

Under existing law, private employers with 100 or more employees are required to submit annual pay data reporting to the Civil Rights Department (CRD). This report must detail the number of employees by race, ethnicity, and sex across ten specified job categories, indicate the distribution of employees by these demographics within federal pay bands, provide the median and mean hourly rates for each group within every job category, and record the total number of hours worked by each employee reported in each pay band. The submission deadline for this report is the second Wednesday in May each year, which for the upcoming cycle falls on May 13, 2026.

With the enactment of SB 464, California has enhanced its employer obligations concerning pay data reporting. The new legislation introduces several significant updates: (1) demographic information collected must now be gathered and stored separately from employees’ personnel records; (2) the statutory language regarding civil penalties has been revised to state that courts “shall” impose a civil penalty of up to $100 per employee for noncompliance and $200 per employee for subsequent violations at the request of the CRD, replacing the previous discretionary “may”; and (3) effective January 1, 2027, the scope of job categories requiring reporting will expand from ten to twenty-three.

Expanded PFL Benefits to Include Care for Designated Person

Beginning July 1, 2028, California’s Paid Family Leave (PFL) will expand coverage to employees who take time off to care for a seriously ill “designated person,” defined as someone related by blood or with a family-like relationship, as well as a family member. Employees must identify this person when applying for benefits and confirm the relationship under penalty of perjury.

Further Revisions to Victim Protections

AB 2499 updates California’s victim-of-violence workplace protection laws under the California Fair Employment and Housing Act (FEHA) to cover family members of victims and allow paid sick leave for qualifying violence-related reasons, effective immediately.

Penalties for Unpaid Wage Judgments

Additions to the Labor Code under SB 261 state that if a final judgment resulting from nonpayment of wages for work performed in California remains unsatisfied for 180 days after the appeal period has ended and no appeal is pending, the judgment debtor may be subject to a civil penalty of up to three times the outstanding judgment amount, including post-judgment interest. The court is required to assess the full penalty unless it determines, based on clear and convincing evidence, that there is good cause to reduce the penalty amount. Penalties are distributed equally between the employee(s) benefiting from the judgment and the DLSE.

Additionally, SB 261 grants the prevailing plaintiff reasonable attorney’s fees and costs in any action brought by a judgment creditor, the Labor Commissioner, or a public prosecutor to enforce a final judgment related to unpaid wages, penalties, or other amounts owed for work performed in California, or to encourage compliance or impose lawful consequences on a judgment debtor who has not satisfied such a judgment.

Labor Commissioner to Enforce Gratuity Law Violations

The Labor Code currently states that “[n]o employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer.” SB 648 amends this portion of the Labor Code to allow the Labor Commissioner to investigate and issue a citation or file a civil action “for gratuities taken or withheld in violation of this section.”

Expansion of PERB to Private Sector Workers

Effective January 1, 2026, AB 288 addresses the limitations of the current National Labor Relations Board (NLRB) by expanding the California Public Employment Relations Board’s (PERB) authority to process representation petitions and unfair labor practice cases. Workers may petition PERB if their position loses coverage under the National Labor Relations Act (NLRA) due to changes in the Act or if the NLRB “expressly or impliedly ceded jurisdiction,” such as by delaying a case for over 12 months. The bill also allows the California Agricultural Labor Relations Board (ALRB) to treat NLRA precedents as persuasive but not binding. On October 15, 2025, the NLRB sued California and PERB, claiming AB 288’s jurisdictional expansion is preempted by the NLRA. (National Labor Relations Board v. State of California, E.D. Cal. Case No. 2:25-at-01400).

Transportation Network Company Drivers Labor Relations Act

Effective January 1, 2026, the Transportation Network Company Drivers Labor Relations Act grants TNC drivers the right to form, join, organize, and participate in driver organizations, bargain collectively, engage in concerted activities for mutual benefit, or abstain from such actions. A “TNC driver” is anyone using their personal vehicle with a TNC’s app or platform to transport passengers in California, while a “TNC” refers to an entity that offers paid, prearranged transportation via an online-enabled platform per the Public Utilities Code. The law also requires TNCs to submit quarterly reports to PERB and establishes procedures for certifying and decertifying driver organizations, among other provisions. TNCs will also be required to negotiate in good faith with certified driver bargaining organizations and provide notices to TNC drivers about union organization and representation.

Transparency in Frontier Artificial Intelligence Act

Effective September 29, 2025, the Transparency in Frontier Artificial Intelligence Act (TFAIA), sets transparency and reporting rules for frontier developers. It prohibits policies that block or punish employees from reporting risks or violations, offers whistleblower protections, and requires large developers to provide an anonymous internal reporting process.

Bias Mitigation Training Does Not Constitute Discrimination

California has passed legislation, effective January 1, 2025, that encourages employers to provide bias mitigation training by clarifying that if an employee acknowledges personal bias in good faith during such training, it is not considered unlawful discrimination. Bias mitigation training refers to employer-led programs aimed at helping employees recognize and reduce the effects of their conscious and unconscious biases through targeted strategies. This law amends the California Fair Employment and Housing Act (FEHA), which requires harassment prevention training.

Workplace Know Your Rights Act

The Workplace Know Your Rights Act mandates that California employers provide each employee with a standalone written notice detailing specified workplace rights by February 1, 2026, and on an annual basis thereafter. The required notice must include, among other elements, information regarding workers’ compensation benefits, procedures for inspections by immigration agencies, protections against unfair immigration-related practices, the right to unionize or participate in concerted workplace activities, and constitutional rights when engaging with law enforcement at work.

In order to facilitate compliance, the Labor Commissioner will publish a template notice on its website by January 1, 2026. Employers must deliver this notice using their customary communication method for employment-related matters; additionally, they are required to furnish the notice to new hires and authorized representatives via electronic means or regular mail.

This new legislation further requires employers to offer existing employees the opportunity to designate an emergency contact by March 30, 2026, and at the time of hire for new employees. Employees must be permitted to update their emergency contact information throughout their employment and specify whether the emergency contact should be notified if the employee is arrested or detained at the worksite, during work hours, or while performing job duties offsite, provided the employer has actual knowledge of such incidents. If consent is given, the employer is obligated to notify the designated emergency contact in the event of an arrest or detention on the worksite. The Act includes anti-retaliation provisions that protect employees exercising or attempting to exercise rights under the law.

The Act authorizes the Labor Commissioner or public prosecutors to enforce compliance, including seeking temporary or preliminary injunctive relief, punitive damages, and reasonable attorneys’ fees and costs. Employers found in violation of the Act may face penalties of up to $500 per employee per violation. For violations relating to emergency contact requirements under the Labor Code, penalties may reach $500 per employee per day, capped at $10,000 per employee. Statutory penalties paid to employees or civil penalties may be recovered, but only one type of penalty applies per violation.  The Act allows its requirements to be superseded by a collective bargaining agreement, provided any waiver is specifically articulated in clear and unambiguous terms within the agreement.

Los Angeles Hotel Worker Training Ordinance (HTO)

Effective December 1, 2025, all Los Angeles, California hotel employers with sixty or more guest rooms will be required to provide housekeeping training consisting of at least six hours from a certified third-party training provider. Training topics should include hotel worker rights and employer responsibilities, best practices for identifying and responding to suspected human trafficking and identifying and responding to other potential criminal activity, domestic violence, or violent or threatening conduct, and best practices for effective cleaning techniques to prevent the spread of disease and identifying and avoiding insect or vermin infestations. These new training requirements are part of the existing Hotel Worker Protection Ordinance (HWPO) and will require employers to cover the cost of the training as well as the employees’ time while taking the necessary training.

Staying ahead of evolving state and local regulations is crucial for protecting your business, employees, and operations. With California implementing significant changes in 2026 and more on the horizon, businesses need proactive support and precise, reliable guidance.

PrestigePEO partners with growing businesses to help interpret new laws, update internal policies, and strengthen compliance year-round.

If your company operates in California or employs remote workers in the state, contact us to learn how we can help you navigate these updates with confidence.

New DHS Rule Ends Automatic Work Permit Extensions

What Employers Need to Know About the End of EAD Auto-Extensions

New DHS Rule Ends Automatic Work Permit Extensions: What Employers and Workers Must Do Now

The U.S. Department of Homeland Security (DHS) has officially ended automatic extensions for most Employment Authorization Documents (EADs), also known as work permits. Effective October 30, 2025, this rule is now in force, meaning employees can no longer continue working beyond their EAD’s printed expiration date unless a new card has been issued or a specific law grants an extension.

For nearly a decade, certain workers—including H-4 spouses of H-1B visa holders, asylum seekers, green card applicants, and individuals with Temporary Protected Status (TPS)—were allowed to keep working for up to 540 days while their renewal applications were pending. That safety net has now been removed. Under the current rule, once an EAD expires, employment authorization ends immediately unless a renewal has been approved or the employee is covered by a separate DHS or statutory extension.

This change impacts most non-citizens who must apply for an EAD to work in the U.S., including refugees, asylees, VAWA self-petitioners, and other humanitarian categories. Affected employees can no longer rely on USCIS receipt notices (Form I-797C) as proof of continued eligibility. However, some groups remain exempt—such as F-1 STEM OPT students, TPS beneficiaries covered by Federal Register notices, and visa-dependent nonimmigrants (e.g., H-1B, L-1, O-1, and E-2 holders) who follow separate work authorization rules.

Because this law is now in effect, workers must act immediately to avoid losing their jobs. Renewal applications should be filed at least 180 days before expiration, as processing can take six to twelve months. Employees should check their EAD expiration date, mark it on their calendars, and maintain copies of all application receipts and communications with USCIS.

Employers also have new compliance responsibilities. HR teams must audit all Form I-9 records, identify employees with EADs expiring within the next year, and create proactive reminders to ensure timely renewals. Companies must stop employing individuals whose EADs have expired and re-verify authorization once a new card is issued. Failure to comply could result in penalties and significant business disruptions.

This rule has serious implications. Employees risk losing pay and job continuity, while employers face fines and staffing shortages if renewals are mishandled. To avoid compliance gaps, planning and documentation are crucial.

PrestigePEO assists employers in maintaining compliance by tracking employee work authorization details, including EAD and I-9 document expiration dates. Our reporting tools help identify upcoming expirations and support proactive renewal management.

With accurate data tracking and HR guidance, we help minimize compliance risks and ensure your organization remains up to date with federal employment eligibility requirements.

To learn how PrestigePEO can support your business and strengthen your compliance processes, contact us today.

NYC Expands Safe & Sick Leave: New Rules for 2026

What NYC Employers Must Do Ahead of the 2026 ESSTA Changes

New York City Expands Earned Safe and Sick Time Act:

What Employers Must Do Before February 2026

The New York City Council has enacted major updates to the Earned Safe and Sick Time Act (ESSTA), taking effect February 22, 2026. Passed on September 25, 2025, and returned unsigned by Mayor Eric Adams on October 25, 2025, the legislation significantly expands employee rights and imposes new compliance obligations on employers. These updates introduce additional unpaid leave, broader qualifying reasons for time off, and new posting, payroll, and training requirements.

To start, the law establishes a new 32-hour bank of unpaid safe and sick time for every covered employee. Beginning February 22, 2026, this unpaid time must be granted at hire and annually thereafter, displayed on pay statements, and does not carry over year to year. Employers may set a minimum usage increment of up to four hours. Payroll systems must be updated to account for these changes before the effective date.

The amendments also expand qualifying reasons for leave beyond illness and safety concerns. Employees may now take paid or unpaid ESSTA leave to care for a dependent, attend legal or housing-related proceedings, recover from workplace violence, or respond to public emergencies. Employers should update policies, train supervisors, and ensure leave requests are properly categorized under the new standards.

Additionally, the law formally integrates paid prenatal leave, guaranteeing up to 20 hours of paid prenatal leave within a 52-week period—aligning with New York State law effective January 1, 2025. Employers must track and display prenatal leave balances separately on paystubs and distribute updated notices in employees’ primary languages as required by the Department of Consumer and Worker Protection (DCWP).

Changes to the Temporary Schedule Change Law (TSCL) now require employers to respond promptly to employee requests but no longer mandate automatic approval of two schedule changes per year. While flexibility remains key, documentation and non-retaliation obligations still apply.

Employers must continue to provide the existing 40 or 56 hours of paid safe and sick leave, depending on workforce size, in addition to the new unpaid 32-hour bank. To comply, businesses should verify accrual tracking, carryover rules, and wage statement accuracy.

Updated posting and notice requirements also take effect. Employers must display the revised ESSTA and prenatal leave notices prominently at all worksites and distribute them electronically or in writing to all employees by March 24, 2026. Notices must be provided at hire and in employees’ primary languages when translations are available. Keeping a log of postings, emails, and signed acknowledgments is recommended for audit protection.

Payroll and HR teams should ensure paystubs clearly show accrued, used, and remaining paid leave, unpaid balances, and prenatal leave hours. These transparency measures are mandatory and must be implemented through payroll or HRIS updates.

Manager training remains critical. Supervisors must understand eligibility rules, confidentiality requirements, documentation timelines, and job-protection provisions. They should also recognize when FMLA, ADA, or state leave laws overlap with city requirements to avoid compliance gaps.

Employers with collective bargaining agreements (CBAs) must confirm their contracts explicitly waive ESSTA coverage and provide comparable or superior benefits. Unpaid leave cannot substitute for paid sick, safe, or prenatal leave under a CBA.

Strong recordkeeping and documentation are also emphasized. Employers should maintain copies of policies, signed acknowledgments, payroll records, and leave documentation. Standardized letters and forms help ensure consistency and compliance.

These ESSTA amendments introduce significant new responsibilities for NYC employers, including expanded leave banks, stricter posting rules, payroll updates, and manager training requirements. For growing businesses without a dedicated HR infrastructure, staying compliant can be a challenging and time-consuming task.

PrestigePEO supports SMBs with expert HR guidance, policy updates, payroll adjustments, required notices, and manager training to ensure full compliance with evolving NYC and state laws.

If your organization operates in New York City, now is the time to prepare for the 2026 changes. Contact us to discover how we can assist you in staying compliant and protecting your workforce.

×