North America HR News Flash: Thursday, November 5, 2026

New Jersey drywall installer P & B Partitions to pay $725,000 for unpaid pre-shift overtime

• The DOL found P & B Partitions did not pay 48 workers overtime for pre-shift time spent waiting for transport
• The federal consent judgment totals $725,000, including $350,000 in back wages, an equal amount in liquidated damages and $25,000 in civil penalties
• The DOL said the company refused to pay after the investigation

What employers should do: Review whether time workers spend waiting for transport and other pre-shift activities is counted as hours worked and paid overtime where applicable

Democratic statehouse wins in midterms may open way for labor-friendly legislation

• Democrats are likely to hold new trifectas in six states when lawmakers take their seats in 2027
• Democrats won governorships in Georgia, North Carolina and Texas, with one chamber projected pending final tallies
• Possible measures include higher minimum wages, paid family leave and noncompete limits, facing business-group opposition

Ontario education unions to hold strike votes after contracts expired at end of August

• Five unions representing teachers and education support workers have contracts that expired at the end of August
• Strike votes begin as early as this week, with each union setting its own dates
• Unions cite funding shortfalls leading to understaffing and larger class sizes and are seeking more funding from the province

What employers should do: Monitor the Ontario education unions' strike votes and bargaining progress

DHS scrutinizes immigrants' tax records, denying citizenship over IRS payment plans or filing extensions

• USCIS is more heavily scrutinizing immigrants' tax records and denying citizenship to applicants on IRS payment plans or who sought filing extensions
• Attorneys say such arrangements were previously not held against applicants
• A memo last year directed a "holistic" good moral character review including tax compliance; a former USCIS official said the denials go beyond the statute's intent

What employers should do: For employees or family members applying for naturalization, remind them to review their tax compliance records and consult an immigration attorney when needed; HR can explain the policy change to employees involved in naturalization applications to avoid misunderstandings

After US midterms, Democrats control both chambers; H-1B and H-4 relief may wait

• Democrats control at least 54 Senate seats; preliminary House tally shows at least 231 seats
• Immigration attorneys say the President's executive powers remain intact and key policy disputes are in court
• H-1B workers, Indian students and H-4 spouses may wait for relief; the 120th Congress takes office January 3, 2027

Most private employer retirement plans must amend documents by Dec. 31, 2026 for SECURE and SECURE 2.0 provisions

• Most private employer retirement plans must update plan documents by Dec. 31, 2026
• Provisions cover Roth employer contributions, catch-up contributions, required minimum distributions, long-term part-time employees and new distribution options
• Deadlines for certain required changes will be set by later IRS guidance

What employers should do: Update retirement plan documents by Dec. 31, 2026 to reflect implemented SECURE and SECURE 2.0 optional features; Watch for later deadlines set by IRS guidance for certain required changes

Parks Canada sends 2,917 workforce adjustment letters; 167 of 221 New Brunswick employees notified

• Parks Canada has sent 2,917 letters nationwide saying positions are impacted by workforce adjustment
• In New Brunswick, 167 of 221 employees received letters
• The spokesperson said a letter does not necessarily mean job loss; decisions on all assessed positions will come over the coming weeks