New Year – Fresh Eyes on Policy

Members of HR Connected,

I’m Daniel Masakayan, an attorney at Williams Mullen P.C. My practice focuses on employment law counseling, litigation, and workplace investigations. I’ll periodically provide legal updates and share observations on emerging trends in employment law affecting HR practitioners.

As we enter the new year, it’s a good time for organizations to review their policies with fresh eyes. Over the past year, regulators have increased their focus on HR practices, and enforcement priorities continue to shift, bringing with them greater compliance risk and higher litigation costs.

Below are a few areas HR teams should pay close attention to when reviewing policies to ensure they remain current and aligned with the evolving needs of today’s workplace:

• Ensure Your Policies Reflect the Newest Laws: January 1 is a common effective date for new employment laws across many states. For example, as of January 1, 2026, nearly 20 states have seen minimum wage increases; many states (including Minnesota, Delaware, Washington and Colorado) have seen updates to their paid leave requirements; and a handful of states (including Illinois, Texas and California) now have live laws pertaining to artificial intelligence in the workplace. Organizations should consider when their employee handbook and other workplace policies were last reviewed, and whether they reflect current law.
• Plan for Training: The start of the year is also a good time to plan refresher training for employees. Whether the focus is workplace harassment, bias, or newly updated policies, effective training helps keep employees engaged and reinforces expectations. It can also play an important role in defending against employment-related claims.
• Eyes on Social Media: News cycles and election-related issues can drive increased discussion, and disagreement, both inside and outside the workplace. Employee speech and conduct on social media can raise sensitive employment issues, making it important for organizations to ensure their policies clearly address conduct, harassment, and social media use. At the same time, employers should be careful not to impose overly broad restrictions on political expression, as doing so can create legal risk, including potential issues under the National Labor Relations Act and state laws that protect lawful off-duty conduct.
• Immigration Compliance: Since the start of 2025, immigration—including employment immigration—has taken center stage. With increased regulatory updates and enforcement in immigration, employers should ensure that they are familiar with changes to immigration-related compliance issues, including their I-9 and E-Verify processes.
• Mental Health Related Accommodations: Mental health–related accommodation requests continue to rise, making it important for employers to review their ADA and FMLA processes. Mental health conditions are afforded the same protections as physical disabilities under the ADA, and employers should approach the interactive process with the same level of care and consistency.

Strong policies and procedures are a straightforward way for HR teams to position their organizations for success in the year ahead. If you have any questions about these or any other workplace or policy issues, please feel free to contact me at dmasakayan@williamsmullen.com.