North America HR News Flash: Monday, November 9, 2026

Littler rounds up US state employment laws taking effect on or around January 1, 2027

• The laws cover workplace surveillance limits, restrictions on certain employment agreements and broader discrimination definitions.
• Alabama HB 307 allows private employers to give hiring and promotion preference to veterans and their spouses.
• California AB 1331 concerns employee monitoring. Minimum wage laws are covered separately.

What employers should do: Check which state laws taking effect on or around January 1, 2027 apply to your company and update policies.; If surveillance or employment agreement terms are involved, review current policies and processes.

Tenth Circuit reverses summary judgment for A&A Appliance in EEOC ADA leave accommodation case

• The Tenth Circuit reversed summary judgment for A&A Appliance
• A reasonable jury could find the employer had notice of the employee's disability
• A request for a few more weeks of leave after FMLA leave expired may be a reasonable accommodation

What employers should do: Review how leave extension requests are handled after FMLA leave expires, and document how disability notices and doctor's notes are processed

Legal experts at ABA conference say DEI is not a short-lived trend, expect tide to turn

• Conference speakers said the view that DEI is a short-lived trend ignores history and legal reality
• Rutgers law professor Stacy Hawkins traced DEI's components to the civil rights movement
• Former EEOC Chair Charlotte Burrows and other experts said employers should renew DEI commitments

DOL final rule raising prevailing wages for H-1B and PERM submitted to OMB for review

• The rule raises prevailing wage minimums for H-1B, H-1B1, E-3 and PERM.
• The rule has been sent to OMB and has not yet been published in the Federal Register.
• Implementation is 30 or 60 days after publication.

What employers should do: Watch for Federal Register publication of the final rule and its effective date, and review current H-1B and PERM wage levels.; If PERM filings or new H-1B hires are planned, assess wage adjustment costs and timing early.

Canada to make Rural Community Immigration Pilot a permanent program from January 1, 2027

• The RCIP becomes a permanent program from January 1, 2027.
• It covers 14 participating communities and requires a job offer from a designated employer.
• Notional targets: 5,500 in 2027, 6,000 in 2028 and 6,500 in 2029.

What employers should do: If hiring in the 14 participating communities, learn the local economic development organization's designation process and check job offer and language requirements.; Watch for application arrangements after January 1, 2027.

Federal judge partially sides with farmworkers union, finding Labor Department-approved foreign farm worker wage surveys partly unlawful

• Judge John H. Chun partially granted the Washington farmworkers union's summary judgment request
• The court found the Labor Department acted arbitrarily and capriciously by approving survey results relying on 'wage fracturing'
• The surveys were used to replace 2020 wage standards for foreign farm workers; the ruling was mixed

What employers should do: Monitor follow-up adjustments to H-2A wage standards and litigation progress; Verify the basis for the H-2A wage standards currently applied

Washington federal court upholds DOL H-2A One-Year and 25% Rules but faults 2022 wage survey approval

• The court found the H-2A One-Year Rule and 25% Rule reasonable
• The court found DOL's approval of the 2022 wage survey results arbitrary and capricious
• DOL's wage-fracturing method split piece-rate wages into subunits

What employers should do: Review how piece-rate wages are calculated under the H-2A program and whether any wage-splitting practices are used

DHS targets 60-day H-1B grace period; Dallas Express asks if Texas firms can replace U.S. workers

• Dallas Express reports DHS is targeting the 60-day H-1B grace period
• The report asks whether Texas firms can replace U.S. workers with visa holders

What employers should do: Monitor official follow-up on the 60-day H-1B grace period

ACA reporting season starts in March, but employers must reconcile 2026 coverage data before year-end

• ALEs with 50 or more full-time or equivalent employees must file Forms 1094-C and 1095-C for the 2026 plan year
• Based on the IRS's usual 30-day extension pattern, forms are expected to reach employees by March 2, 2027 and the IRS by March 31
• Full-time status, offer dates and affordability codes should be reconciled before December 31

What employers should do: Reconcile full-time status, offer dates and affordability codes before December 31; Watch IRS instructions for the final 1094-C and 1095-C deadlines for the year

Fidelity: Average 401(k) balance reaches $155,800 in Q2 2026, up 10.5% from Q1

• Fidelity data show the average 401(k) balance reached $155,800 in Q2 2026, up 10.5% from Q1
• This is the largest quarterly increase since 2020
• The data covers only Fidelity plan participants; a Federal Reserve survey found 35% of non-retired adults think their retirement savings are on track

Some employers expand paid leave for NICU parents, though dedicated policies remain rare

• Employers have expanded paid leave for new parents, but dedicated NICU parent support remains rare
• CDC data show nearly 1 in 10 infants was admitted to a NICU in 2023, typically for about two weeks
• Walmart is among a few companies that have recently rolled out dedicated NICU leave policies

US Labor Department proposes national minimum of five weekly work searches for jobless benefits

• The proposal sets a national minimum of five qualifying work searches per week.
• Many states currently require two to three weekly searches.
• States keep leeway in deciding which activities qualify.

What employers should do: Monitor the comment period and watch for changes in how states define qualifying work searches.

StatCan: 60.9% of employed Canadians rate job satisfaction 8+ out of 10, down from 62.2% in 2023

• 60.9% of employed Canadians aged 15 to 69 rated job satisfaction 8 or higher, down from 62.2% in 2023
• The weakest scores were among younger and lower-paid staff
• In October 2026, 29.7% of Canadians lived in households struggling to meet basic financial needs, up 2.0 points

WE Soda plans about 350 layoffs in Wyoming from 2027 as community protests

• WE Soda plans to cut over 300 jobs beginning in 2027; reports put the figure at 350
• The company says the layoffs are part of moving the plant to solution mining over two years
• Workers and community members protested the announcement

SIA survey of 3,006 temps: 35% cite earning income while deciding career goals

• 35% of surveyed temporary workers cited earning income while deciding career goals
• 29% cited flexibility for other lifestyle priorities, and 28% cited learning new skills
• 22% cited entering or re-entering the workforce (respondents could select multiple reasons)

Current and former Microsoft employees send open letter urging rethink of 'speed-at-all-costs' AI push amid buyout offer

• An employee open letter asks for worker input on AI decisions
• The letter asks that AI use no longer be tied to rewards or reprimands
• Microsoft recently rolled out a buyout for around 66,000 staff

Levi Strauss & Co. introduces Andy, an AI candidate experience agent for recruiting consultation and interview scheduling

• Andy sits on the "Work With Us" page of LeviStrauss.com, where candidates can explore roles and apply in chat
• Internally, Andy schedules interviews via hiring teams' Outlook calendars
• The company says this removes manual coordination and makes hiring faster and more responsive

Indeed data: 70% of job seekers use generative AI to research employers, with about 40% of culture sources from Glassdoor and Indeed

• About 70% of job seekers use generative AI tools to research employers.
• On culture questions, about 40% of cited sources are Glassdoor and Indeed.
• Glassdoor advises HR to run an AI audit and publish candid Q&As.

What employers should do: Query different large language models about your company and check whether the culture descriptions are accurate.; Publish candid employee Q&As on social media and third-party review sites.

Five questions to ask before trusting a benefits vendor's AI

• The strongest AI partners show where their tool works and stops
• The article addresses how AI performance is monitored and who is accountable for errors
• The article argues healthcare stakes for AI are higher than in most industries