Session
Employment Law - 2026 Hot Topics
This presentation outlines critical 2026 employment law trends, focusing on the shifting regulatory landscape under the NLRB, EEOC, and DOL. Key topics include navigating "reverse discrimination" risks in DEI programs, managing religious accommodations after Groff v. DeJoy, and complying with a patchwork of state pay transparency and noncompete laws. It also addresses emerging liabilities regarding AI in hiring, training repayment provisions (TRAPs), and best practices for preventing retaliation and managing workplace romance.
Key Objectives
1. Analyze how recent shifts in NLRB leadership and structural legal challenges impact the enforcement of workplace rules and labor relations. 2. Evaluate employer risks and documentation requirements associated with religious accommodation requests and DEI initiatives under updated Title VII standards. 3. Identify necessary updates for employee handbooks and vendor contracts to ensure compliance with evolving pay transparency, noncompete, and AI hiring regulations.
HRCI Credits:
1.00 Business HRCI Recertification credits available.
This program has been approved for 1.00 recertification credit hours through the Human Resource Certification Institute (HRCI). Please be sure to note the program ID number on your recertification application form. For more information about certification or recertification, please visit the HRCI website at www.hrci.org.
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.
SHRM Credits:
1.00 SHRM Recertification credits available.
ELLA is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP®. This program is valid for 1.00 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit shrmcertification.org.
Misty Borkowski
Partner at Hall Booth Smith, P.C.
Misty Wilson Borkowski is a Partner in Hall Booth Smith, P.C.’s Little Rock office and a leading practitioner in employment-based immigration for the agricultural industry. She advises farms, producers, labor contractors, and ag-related businesses on the full range of workforce immigration matters, with a particular focus on the H-2A temporary agricultural worker program, Department of Labor audits, seasonal workforce planning, and compliance strategies that help operations maintain a stable and legal labor force. Misty also advises agricultural employers on strategies to sponsor H-2A foreign seasonal workers for permanent residency, including EB-3 employment-based petitions and related pathways to retain experienced labor on a long-term basis. She also assists individuals with family-based immigration and naturalization.
Joe Kraska
Attorney at Hall Booth Smith, P.C.
Joe Kraska is the assistant managing partner in the Little Rock office who specializes in representing employers in labor and employment matters. Joe’s primary practice area is in labor and employment matters with a focus on traditional labor law. He represents clients in collective bargaining, certification/decertification petitions, unfair labor practice charges, labor arbitrations, OSHA compliance matters, federal and state employment discrimination matters, and provides general employment advice to clients.