Workplace Law: What’s on the Horizon?

2025 was a busy year with many changes to workplace laws, especially on the federal level. There was a virtual tsunami of executive orders, with perhaps the most noteworthy being the proposed end to DEI in federal grants and programs. In addition, the law known as the One Big Beautiful Bill changed, among other things, the federal tax on tips, overtime wages, and Social Security benefits. There were many other changes, most employer-friendly, from federal agencies. 

There were new developments on the state level in NH as well. Those included a new nursing mother lactation law (effective July 2025), a new parental leave law (effective January 2026), and new job protections for military spouses (effective January 2026). 

And just like the old Ronco commercials “But  wait, there’s more!”

Bills Pending in Congress
While the news is full of other matters in Congress, there are several workplace bills pending in the House and Senate. The reality is that many of them may not pass given the slim majorities in both chambers and the upcoming mid-term elections, but here is a sample of some noteworthy ones. 

• The Modern Worker Improvement Act (HB 1319): The bill seeks to codify the definition of an independent contractor under the Fair Labor Standards
  Act (FLSA).
• Protect America’s Workforce Act (HR 2550): If enacted, this bill would restore federal workers’ right to unionize by authorizing federal employees’ participation in collective bargaining activities. 
• Employee Rights Act (HR 4154): This bill seeks to amend the National Labor Relations Act. One key provision is aimed at prohibiting union membership as a condition of employment.
• Strengthening Job Corps Act (HR 2281): This bill would restore and strengthen the Job Corps program, a federal youth workforce development initiative. 
  
  

Bills Pending in Concord
There has been more activity on the state level this year. Here is a sample of  workplace bills still pending in the NH House and Senate.

• Establishing a State Minimum Wage and Providing Incremental Increases (HB 1484): This bill would establish a state minimum wage of $12 per hour and provide for incremental increases over time. 
• Relative to Voluntary Portable Benefits Plans for Independent Contractors (HB 1245): This bill would establish a framework allowing hiring parties to make voluntary contributions to portable benefit plans for independent contractors without affecting the workers’ classification.
• Adding a Definition to the Labor Laws Regarding Remote Work and Defining the Nature of Such Employment (HB 1177): This bill would introduce a definition of remote work to state labor laws and establish protections for
  remote workers. 
• Expanding the NH Paid Family and Medical Leave Program (HB 1761): The NH Family and Medical Leave Insurance Act would establish a new publicly administered Family and Medical Leave Insurance (FMLI) program. This bill was referred to interim study.
• Relative to Employer Discretion in Offering Minimum Payment Options to Employees (HB 1043): This bill proposes allowing employers to establish their own pay policies for employees reporting to work, making the statutory minimum pay requirement applicable only when no alternative company policy exists. 
• Relative to the Pooling and Sharing of Tips Among Tipped Employees (SB 416): This bill aims to remove state-specific restrictions on tip pooling and align state law with the FLSA. 
• Relative to Employer Notice of Department of Labor Investigations (HB 1072): This bill proposes establishing new notice requirements for Department of Labor inspections of manufacturing, mechanical, and mercantile establishments. It requires the labor commissioner to give at least 30 days’ written notice before any visit or inspection, and requires at least 30 days for establishments to respond to document or interview demands, regardless of complaint status.
• •Relative to Noncompete Agreements for Low-Wage Employees (HB 1188): This bill would amend NH’s existing law regarding non-compete agreements for lower-income workers. 

Note: As of the date this article was written, these bills were still pending, but a lot can happen over the next few months. 

Federal Agency Proposed Rules/Enforcement Activity

Proposed Independent Contractor Rule Faces Public Comments: In February, the U.S. Department of Labor (USDOL) announced a proposed rule modifying the analysis for determining whether a worker should be classified as an independent contractor or an employee under the FLSA. If adopted, the new test would apply an “economic realities” analysis, primarily focusing on the nature and degree of control over the work and the worker’s opportunity for profit or loss based on initiative or investment. Other factors, including the skill required for the work and the permanence of the work relationship, may be considered. 

Full Speed Ahead at the EEOC: Despite lacking a quorum for the first nine months of 2025, the Equal Employment Opportunity Commission (EEOC) implemented several policy changes, including the rescission of enhanced Biden-era protections for LGBTQ+ workers and adjustments to the EEOC’s procedures for authorizing litigation. With the confirmation of Commissioner Brittany Panuccio and appointment of Chair Andrea Lucas, the EEOC finally gained a quorum in late 2025, so additional regulatory action may be just around the corner. The EEOC is expected to review, and potentially adjust or eliminate, EEO-1 reporting requirements, (an annual survey of workforce demographic data) propose revisions to the Pregnant Workers Fairness Act, and focus enforcement efforts on religious freedom and discrimination against white males.

OSHA Rule on Excessive Heat in the Workplace: In 2024, the Occupational Safety and Health Administration (OSHA) introduced a proposed rule aimed at protecting workers from heat-related injuries and illnesses. If implemented, the rule would introduce new obligations for employers to safeguard against the risks associated with excessive heat, such as a heat injury and illness prevention plan, providing accommodations to employees when certain high temperatures are reached, and developing training related to heat safety. The post-hearing comment period ended on Oct. 30, 2025, and OSHA is expected to release a final rule in 2026. 

Turning a New Leaf on Marijuana Rescheduling: A recent Executive Order from President Trump instructed the Executive Branch to resume and finalize the rulemaking process required to reschedule cannabis from a Schedule I controlled substance to a Schedule III controlled substance. While the process is not automatic, the eventual rescheduling may, in addition to state cannabis laws, impact employers’ drug policies, testing procedures, and reasonable accommodation considerations.

Court Cases to Watch
While the U.S. Supreme Court has a busy docket this year, only a few pending cases relate to employment. Those cases include: 

• Flower Foods, Inc. v. Brock, a case to determine whether local delivery workers transporting goods that travel in interstate commerce qualify as transportation workers engaged in foreign or interstate commerce for purposes of the exemption in Section 1 of the Federal Arbitration Act. 
• M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, a case involving pension plan 
  calculations affecting employers leaving the plan.
• Trump v. Cook and Trump v. Slaughter, cases evaluating the authority of the president to remove certain federal employees.

The workplace and the laws and regulations that impact employers and employees are always changing. Stay tuned,  and make sure you understand if these laws apply to your workplace, and do your best to stay in compliance.

Attorneys Jane M. Pyatt (associate) and Jim Reidy (shareholder and Labor and Employment Group Co-Chair) work for the law firm Sheehan Phinney Bass & Green, PA in Manchester. For more information, visit sheehan.com.