Each month, Optimum HR gathers the latest updates and changes to federal and state employment law. Read on to learn how these changes may affect you, and how Optimum can help you ensure compliance.
Federal Updates
USCIS Ends Automatic Extension of Employment Authorization With Interim Final Rule
On October 29, 2025, the U.S. Department of Homeland Security (DHS) announced an interim final rule (IFR) that will end its current practice of automatically extending employment authorization documents (EADs) for foreign nationals who file renewal applications based on certain employment authorization categories. Beginning with renewal applications filed on or after October 30, 2025, most foreign nationals who previously qualified for the maximum 540-day automatic extension of work authorization will no longer receive an automatic EAD extension. Read more (Ogletree.com)
USCIS Issues Additional Guidance on the Proclamation Imposing $100,000 Payment for H-1B Petitions
On October 20, 2025, U.S. Citizenship and Immigration Services (USCIS) issued guidance on its website regarding the presidential proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” clarifying which H-1B petitions are subject to the $100,000 payment. USCIS also specified when and how the $100,000 payment must be submitted and how to request an exception from the payment requirement. Read more (Ogletree.com)
State Updates
January 2026 Minimum Wage Updates
Come January 1st, many states or jurisdictions will see an increase in their minimum wage rates. Optimum HR has compiled a Minimum Wage Chart to inform you of all the upcoming changes.
California
California’s New “Know-Your-Rights” Notice Requirement
As we move into 2026, California employers face a series of important compliance deadlines. One that deserves timely attention is the new notice requirement imposed by Senate Bill 294 (“SB 294”), which mandates that employers distribute a new standalone “Know Your Rights” notice to all employees. Read more (ShawLawGroup.com)
New York
New York City Amends Sick Time Law to Require New Unpaid Leave and Permit New Covered Uses
On October 25, 2025, New York City amended its Earned Safe and Sick Time Act (ESSTA), radically expanding the law and the benefits it provides to employees. Importantly, effective February 22, 2026: (1) employers must provide 32 hours of unpaid safe and sick time to covered employees, in addition to the paid sick and safe time that was already provided by the statute; and (2) the covered uses of safe and sick time will expand to reach new employee circumstances. Read more (Littler.com).
New York Mandatory Employee Retirement Program to be Implemented After Years of Delays
After considerable delay, employer registration for the New York State Secure Choice Savings Program (“New York Secure Choice” or “the Program”) is now open. New York Secure Choice—which was established in 2021 by New York General Business Law Article 43—is New York’s state-run retirement program that mandates and facilitates the creation of Roth IRAs for private-sector employees who do not have access to a qualified retirement plan through their employers. Beginning in March of 2026, New York will require most private-sector employers to register for the Program or certify their exemption from the Program. Read more (Littler.com)
Understanding New York’s Legal Activities Law and Its Protections for Off-Duty Political Speech
With employee political speech becoming an increasing concern, employers in New York are reminded of the New York Legal Activities Law, which, among other things, offers protections to employees based on certain off-duty speech related to political matters.
The New York Legal Activities Law, New York Labor Law Section 201-D, prohibits employers from taking adverse employment action against employees, including disciplining or discharging them, for their engagement in certain off-duty conduct or activities. The law expressly protects “political matters,” both of which are broadly defined. Read more (Ogletree.com)
Pennsylvania
PA’s Chester County Creates Human Rights Commission; Expanded List of Protected Classes
The Chester County Board of Commissioners recently adopted Ordinance No. ORD-2025-03, creating the Chester County Human Relations Commission (CCHRC) and enacting broad countywide nondiscrimination provisions covering employment, housing and public accommodations. Passed 2-1 along party lines on September 24, 2025, the ordinance takes effect 90 days after enactment, December 23, 2025. Read more (JacksonLewis.com)
Rhode Island
Rhode Island’s New Hire Notice Requirements Go Live Jan. 1, Impacting All Employers
Effective January 1, 2026, Rhode Island employers must provide all newly hired employees with a written notice containing key employment terms under amendments to the state’s Payment of Wages law (R.I. Gen. Laws § 28-14-12). The new hire notice requirement covers all employers, regardless of size, and a written notice must be provided to each employee at the start of employment. Read more (JacksonLewis.com)
