Labor & Employment Law Update

The U.S. Department of Labor (DOL) recently issued much-needed guidance on compensable travel time, one of the more complex areas of the Fair Labor Standards Act (FLSA).  Laid out in two opinion letters, the guidance is particularly relevant for employers with hybrid workforces and field-based employees. Employers should review their pay practices to ensure they are properly distinguishing between ordinary commuting and compensable work activities.

Colorado employers face new compliance obligations under HB 26-1283, a law that sharply limits when they may demand, keep, or control an employee's or applicant's government-issued ID. With the new law carrying criminal and civil exposure for violations, employers should review onboarding practices now.

On July 31, 2026, Governor Pritzker signed new legislation greatly expanding the already-broad investigatory powers of the Workplace Rights Bureau in the Attorney General’s Office (“OAG”). Effective January 1, 2027, the law authorizes the OAG to investigate supposed violations of Illinois employment law and creates penalties for employers that do not comply. In essence this signals yet another move by Illinois to dispense with the fundamental due process rights of employers.