North America HR News Flash: Wednesday, November 4, 2026

EEOC proposes ending EEO-1 and other reports; employers may keep collecting demographic data

• The EEOC in July proposed ending EEO-1 through EEO-6 reports
• EEO-1 covers employers with 100+ employees and certain federal contractors with 50+
• The comment period closed in late August; no final rule date is set
• Sources told HR Dive employers may keep collecting data, and some states require similar reporting

What employers should do: Watch for the EEOC final rule and adjust demographic data reporting processes accordingly; Confirm whether your state still requires similar reporting; Until a final rule is issued, existing data collection and retention practices can continue

【联邦】上诉法院恢复杂货店员工欠薪诉讼：开店前被要求提前 15 分钟到岗却在店外等候

• 员工称需提前 15 分钟到岗，经理未到时无法进店打卡，约每周一次
• 依据 FLSA 和纽约州法律起诉，初审法院曾驳回
• 上诉法院恢复诉讼，认为每次 15 分钟不属于可忽略的琐碎时间

What employers should do: 检查开店、开班等需提前到岗的员工，核实到岗等待时间是否计入工时；确认在无法打卡、等待管理人员开门期间的时间记录与计薪规则

Democrats projected to win Congress set to make worker power core of legislative agenda

• Democrats are projected to take control of both chambers, making worker protections central to their agenda
• Likely bills include minimum wage, paid sick leave, collective bargaining and the gender pay gap
• The Senate filibuster and the president's veto remain the main obstacles

What employers should do: Monitor congressional bills on minimum wage, paid sick leave and worker classification, and assess potential impacts on existing policies

26 anonymous plaintiffs sue Meta, alleging AI and algorithms were used to pick layoff targets

• 26 anonymous plaintiffs sued Meta in July over layoffs.
• Plaintiffs accuse Meta of using AI or algorithms to pick employees for layoffs.
• Plaintiffs say internal AI-adoption dashboards failed to distinguish protected leave from lack of engagement; these are allegations only and have not been established.

What employers should do: Review any use of AI or algorithmic tools in layoff decisions, and confirm protected leave status is not treated as lack of engagement.

Washington employers urged to check background check practices for Fair Chance Act compliance

• Davis Wright Tremaine advises Washington employers to evaluate background check compliance
• Basis is the Washington Fair Chance Act
• Applies to employers across Washington state

What employers should do: Review background check policies and practices against the Washington Fair Chance Act

Pennsylvania Commonwealth Court rules three-year limitations period applies to unpaid overtime suit

• The Pennsylvania Commonwealth Court ruled a three-year statute of limitations applies
• The ruling reverses a trial court decision that applied six years
• The case concerns overtime for 20 employees from 2017 to 2019

What employers should do: Review overtime calculation and record retention practices for Pennsylvania employees

DOL withdraws three opinion letters behind 80/20 rule for tipped employees

• DOL issued Bulletin 2026-1 withdrawing three opinion letters that supported the 80/20 rule
• A federal appeals court struck down the rule in August 2024; DOL dropped the guidance in January 2025
• DOL is developing a proposed rule on tipped employees; state requirements may be stricter

What employers should do: Review tipped employees' non-tip work time records and confirm whether tip credit calculations still rely on the withdrawn 80/20 rule; Monitor DOL's proposed rule on tipped employees and stricter state requirements

Apple bars employees from using confidential information in prediction markets

• Apple prohibits employees and contractors from using work-obtained confidential information in prediction markets.
• The ban covers non-public information about suppliers, manufacturers, customers and partners.
• The ban covers current and former employees and applies even where conduct is not insider trading.

Projected Democratic win does not by itself change $100,000 H-1B fee, which courts have blocked since July 24

• The $100,000 fee stems from a presidential proclamation, and courts have blocked its collection since July 24, 2026
• A September 18 proclamation extends the fee to September 21, 2027; current H-1B holders are exempt
• DHS proposed a separate $103,265 lottery fee on August 25

What employers should do: Check whether new H-1B petitions for workers outside the US are planned and confirm the fee's current legal status; Monitor DHS's proposal for a separate lottery fee on H-1B registrations

Democrats win both chambers of Congress; H-1B rules will not change immediately

• Democrats won control of both chambers of Congress; new members take office January 3, 2027
• The report says H-1B rules will not change immediately, since legislation requires passage in both chambers and presidential approval or a veto override
• The administration can continue implementing measures under existing law, subject to legal challenges

Midterm results: Democratic control of Congress seen reshaping US employee benefits policy

• Democrats took control of both chambers of Congress in the November 3 vote
• The report says this could bring legislation on paid leave, drug pricing and fiduciary oversight
• KFF found marketplace enrollment fell nearly 3 million (12%) from 2025 to 2026

What employers should do: Monitor legislative developments on ACA subsidies, drug pricing and paid leave, and assess impacts on group benefit plans

Fingercheck partners with Meridio to offer health benefits to small businesses with hourly and field workers

• Fingercheck partners with Meridio
• Fingercheck clients can offer medical, dental and vision plans
• Benefit contributions are handled inside Fingercheck payroll

What employers should do: If using Fingercheck, evaluate whether to offer medical, dental and vision plans through its platform

Fiserv cuts 3,000 employee and contractor roles under new CEO

• Fiserv has cut 3,000 employee and contractor roles since June
• The cuts are part of Project Elevate, with senior management reduced by more than 10%
• The savings target was raised to $1 billion from $500 million

Google offers voluntary exit packages to some employees in Canada, France, Germany, Japan and Switzerland

• Google is offering voluntary exit packages in Canada, France, Germany, Japan and Switzerland
• A Google spokesperson said some teams introduced a severance-based voluntary exit program in 2025, expanded to a few countries in June
• It is unclear how many employees have taken the offers
• The report says the move follows Microsoft's voluntary exit offers to more than 60,000 employees

ADP: US private-sector employment up 86,000 jobs in October; base pay rose 3.2%

• Private-sector employment rose by 86,000 jobs in October
• Base pay for job-stayers rose 3.2% year over year; gross pay rose 4.7%
• Earnings growth for job-changers was the fastest since March 2024
• Based on anonymized weekly pay data from more than 26 million private-sector employees

Gallup poll: 27% of U.S. workers fear technology could make their jobs obsolete, a record high

• 27% of U.S. workers worry technology could make their jobs obsolete, the highest recorded by Gallup
• Seven points higher than a year ago; 34% among workers aged 18 to 44
• The article urges employers to distinguish skills gaps from confidence gaps

What employers should do: Provide tools and opportunities for continuous learning; Address skills gaps and confidence gaps separately

Careerminds survey: 92% of HR professionals say staff can be reskilled for AI jobs, yet external hiring outpaces redeployment

• 92% of HR professionals and 88% of managers believe staff can be reskilled for AI roles
• 51% of HR professionals and 47% of managers report external hiring for AI roles
• 42% in each group report redeploying existing employees