Perspectives

For many employers, compliance is often associated with wage laws, leave requirements, or workplace investigations.

But one of the biggest employment law trends emerging in 2026 is far less obvious: employee notices.

Across the country, states are creating new requirements for employers to provide written disclosures, workplace notices, onboarding materials, pay information, accommodation rights information, and employee communications. While these requirements may seem administrative, they can create significant compliance exposure when overlooked.

For small and mid-sized employers, the challenge is becoming increasingly complex-especially when employees work remotely in multiple states.

A company headquartered in Minnesota may be subject to California notice requirements, Connecticut pay transparency rules, or Washington immigration-related notification obligations simply because it employees work in those states.

As organizations look toward the second half of 2026, now is an ideal time to review onboarding materials, employee handbooks, workplace postings, and communication procedures.

Why Notice Requirements Matter

Employment laws are increasingly shifting toward transparency.

Legislators and regulators want employees to have greater visibility into their rights, compensation, leave benefits, accommodations, and workplace protections. As a result, employers are being required to communicate more informtaion than ever before.

The risk is that many notice requirements are easy to miss.

Unlike a wage claim or discrimination complaint, employers often don’t realize they have a compliance gap until an agency investigation, employee complaint, audit, or lawsuit uncovers it.

In some cases, failing to provide a required notice can become a violation even when the underlying employment decision was lawful.

California Employers Face Expanded Notice Obligations

California continues to lead the way in employee disclosure requirements.

The state’s new Workplace Know Your Rights Act requires employers to provide employees with a stand-alone written notice regarding various workplace rights and protections. Employers must also provide opportunities for employees to designate emergency contacts and follow specific notification procedures if an employee is arrested or detaiend under certain circumstances.

For employers with remote California employees, this is another reminder that state-specific onboarding materials may be necessary.

Connecticut Brings Several New Requirements This Fall 

Connecticut employers have several significant deadlines approaching on October 1, 2026.

Among the changes:

• Expanded pay transparency requirements for job postings
• New accommodations rights notices for employees
• Overtime pay code guides for larger employers
• Expanded lactation accommodation requirements

While each requirements serves a different purpose, they share a common theme: employers must proactively communicate employee rights and compensation information.

Organizations with Connecticut-based employees should begin reviewing hiring practices, onboarding packets, and payroll communications well before the October deadline.

Washington’s Immigration Worker Protection Requirements

Begining October 1, 2026, Washington employers face new obligations related to federal I-9 audits.

If an employer receives notice of an I-9 audit, employees must be notified within five business days and provide specific information regarding the audit. Employers must also communicate audit outcomes and provide employees with opportunities to address deficiencies.

For employers with remote employees in Washington, these requirements may necessitate updates to compliance procedures and internal response protocols.

Don’t Forget Posters and Workplace Notices

Some requirements are as straightforward as displaying a workplace poster-but even these can create compliance concerns when overlooked.

Pennysylvania, for example, now requires employers with at least 50 full-time employees to display a workplace notice regarding veteran’s rights and available services.

While posting requirements may seem simple, employers operating in multiple states often struggle to keep up with changing notice obligations.

The Multi-State Challenge

The reality is that compliance has become increasingly location specific.

The question is no longer:

“Where is our office located?” 

Instead, employees must ask:

“Where are our employees located?”

Every remote hire has the potential to trigger new obligations related to:

• Pay transparency
• Leave administration
• Accommodation notices
• Workplace postings
• Wage disclosures
• Hiring practices
• Immigration compliance

For growing ogranizations, managing these requiremetns internally can quickly become overwhelming.

How Employers Can Prepare

As we move through the second half of 2026, employers should consider:

• Reviewing onboarding packets and offer letter templates
• Auditing workplace posters and required notices
• Evaluating remote employee locations
• Updating hiring and recruiting procedures
• Reviewing accommodation and leave administration processes
• Confirming payroll and compensation disclosures comply with state requirements

Taking a proactive approach now can help avoid costly compliance issues later.

How WFJ Helps Simplify the Complex

Most employers don’t have the time or resources to track every employment law change across multiple states.

That’s where having legal guidance becomes valuable.

The Compliance Center by Wagner, Falconer & Judd helps employers stay ahead of changing requirements by providing direct access to experienced employment attorneys who can answer questions, review policies, identify compliance gaps, and help ogranizations adapt as laws evolve.

Need Help Reviewing Your Policies and Notices?

If your workforce spans multiple states-or if you’re unsure whether recent legal changes affect your organization-WFJ’s employment law team can help identify potential risks and simplify compliance before those issues become liabililities.

When small busineses think about legal risk, music licensing rarely tops the list. But it should be on the radar.

From restaurants and bars to boutiques, fitness studios, salons, and event spaces, many businesses use music to create atmosphere, enhance customer experience, or support programming. What many don’t realize is that public music often requires proper licensing-and getting it wrong can lead to significant financial consequences.

This is one of those areas where proactive legal guidance can help businesses avoid costly compliance issues before they arise.

WFJ entertainment and business attorney Paige Kochanski breaks down what small business owners should know about music licensing compliance, common misconceptions, and where legal risk often hides.

“I’m Just Playing Music in My Business-Is That Really a Legal Issue?”

In many cases, yes. Federal copyright law requires businesses to obtain permission to publicly copyrighted music. That means even if you legally purchased a song or subscribe to a personal streaming service like Spotify or Apple Music, that does not automatically give your business the right to play that music publicly.

Those services are generally intended for private, personal listening-not commercial use.

The same issue can arise when live musicians are involved. Hiring a cover band or solo performer to play in your business does not necessarily eliminate your licensing obligations.

And depending on your business type-such as bar, restaurant, fitness studio, or entertainment venue-additional licensing considerations may apply.

What Happens If You Get it Wrong?

For many small business owners, music licensing is not something that was on the startup checklist. But overlooking it can become expensive. Statutory damages for willful copyright infringement under U.S. law can range from $750 to $150,000 per infringed work in addition to potential legal fees. That’s a significant risk for something many businesses may not realize requires legal attention in the first place.

Why One License Isn’t Enough

One of the most confusing parts of music licensing is that there is no single universal license that covers every song. That’s because music rights are often managed by Performing Rights Organizations (PROs), each of which represents different catalogs of artists and songwriters.

The major PROs include:

• ASCAP (American Society of Composers, Authors and Publishers)
• BMI (Broadcast Music, Inc.)
• SESAC
• Global Music Rights (GMR)

Because each organization controls different rights, businesses often need licensing coverage from multiple organizations to ensure compliance.

A common approach is obtaining blanket licenses throught the relevant PROs, which provides access to that organization’s catalog without requiring businesses to identify licensing rights for each individual song.

Simplifying the Complex for Small Businesses

Running a business already comes with enough complexity. Music licensing should not become an avoidable legal headache.

If your business uses music in any customer-facing setting, it’s worth making sure your practices align with applicable licensing requirements before a compliance issue becomes a costly dispute.

WFJ’s Entertainment Law team helps business and creatives navigate music law, contracts, copyright, publishing, licensing, and other entertainment-related legal matters with practical, accessible guidance.

Because legal compliance works best when it’s proactive-not reactive.

Paige Kochanski is an attorney in Wagner, Falconer & Judd’s entertainment law group. Her practice focuses on music, film, and creative content legal matters, including contracts, copyright, and licensing. She works with businesses and individuals to navigate entertainment law with clarity and confidence.

Human resources is full of well-intentioned assumptions-but some of those assumptions can expose your business to unnecessary risk.

Employment laws are nuanced, and small misunderstandings can lead to costly mistakes. Below, we break down common HR myths and clarify what employers need to know to stay compliant and protected.

The reality:

Under the Fair Labor Standards Act (FLSA), employees must be paid for all time worked-even if that time was not approved in advance.

That said, employers can still enforce policies by documenting and disciplining employees who violate overtime rules. The key is separating pay obligations from policy enforcement.

The reality:

“At-will” employment allows termination for any lawful reason-but not for reasons that are discriminatory or retaliatory.

Employers should always:

• Clearly document performance or conduct issues
• Ensure consistency in decision-making
• Evaluate potential legal risks before termination

The reality:

Limited, appropriate communication is allowed. Employers can reach out for:

• Administrative updates
• Clarification on leave details

However, employees on FMLA leave cannot be required to perform work.

The reality:

Most employees have a protected right to discuss wages under the National Labor Relations Act (NLRA)-even in non-union workplaces.

In Minnesota, employers also cannot:

• Prohibit wage discussions
• Require waivers of that right
• Take adverse action against employees for those discussion

The reality:

The NLRA applies to most private employers-regardless of union status.

It protects employees’ rights to engage in ‘concerted activity,” including discussing or attempting to improve:

• Wages
• Hours
• Working conditions

The reality:

Employers have a responsibility to take all workplace concerns seriously-even informal ones.

Best practice:

• Promptly investigate
• Document findings
• Take appropriate corrective action

Ignoring concerns can increase exposure to liability.

The reality:

Employment laws apply based on where the employee performs work, not where your office is located.

If you have remote employees in other states, your business may be subject to multiple state laws. 

The reality:

Even robust PTO policies must comply with state-specific requirements, including:

• Accrual or frontloading rules
• Permitted uses
• Carryover provisions
• Increment usage

More PTO doesn’t automatically equal compliance.

The reality:

Even outside of FMLA, other laws may apply, including:

• State medical leave laws
• The American with Disabilities Act (ADA)

Employers must engage in the interactive process to determine reasonable accommodations before considering termination.

The reality:

Exempt status depends on both:

• A salary threshold
• Specific job duties

Misclassification can lead to significant liability, including unpaid overtime claims.

Why This Matters

HR compliance isn’t just about avoiding penalties-it’s about building a workplace that is consistent, fair, and defensible.

Misunderstandings like these can lead to:

• Wage and hour claims
• Discrimination or retaliation allegations
• Multi-state compliance issues
• Costly litigation

How WFJ Can Help

At Wagner, Falconer & Judd, we work with employers to simplify the complex-turning employment law into practical, actionable guidance.

Through our Compliance Center, we help businesses:

• Review and update policies and handbooks
• Navigate multi-state employment requirements
• Respond to employee concerns and investigations
• Reduce risk through proactive legal strategy

If you have questions about our policies and practices, our team is here to help you stay ahead of issues-before they become problems.

Updating your employee handbook to reflect Minnesota’s Pregnancy and Parental Leave requirements isn’t just a compliance task-it’s an opportunity to create clarity, consistency, and trust within your workforce.

If your policies are outdated, unclear, or incomplete, you may be exposing your business to unnecessary risk. Here’s what employers need to understand-and implement-when rolling out or revising these policies.

Understand What the Law Covers

Minnesota’s Pregnancy and Parental Leave protections are designed to support employees during some of life’s most significant transitions.

Your policy should clearly state that leave may be used for:

• Birth of a child
• Adoption of a child
• Bonding time for both birthing and non-birthing parents
• Prenatal care appointments
• Pregnancy-related incapacity or recovery

This clarity ensures employees understand their legal rights and helps prevent miscommunication or inconsistent application.

Clearly Define Leave Entitlements

Eligible Minnesota employees are entitled to:

• Up to 12 weeks of unpaid leave

This leave applies to both:

• Parenting /Bonding Time
• Pregnancy-related medical needs

Be explicit in your handbook about eligibility requirements and that this leave is unpaid unless supplemented by other benefits. 

Outline Timing and Use of Leave

One of the most common areas of confusions is when and how leave can be used.

Your policy should clarify:

• Leave can begin at any time within 12 months of birth or adoption
• If a newborn remains hospitalized, leave may begin within 112 months after the child leaves the hospital
• Leave is generally taken in consecutive blocks

However, include exceptions:

• Intermittent or reduced scheduled leave may be allowed for:
  • Reasonable accommodations
  • Coordination with Minnesota Paid Leave

This is where alignment with your ADA policy becomes critical.

Address Coordination with Other Leave Types

Employers should clearly explain how this leave interacts with other benefits.

Key Coordination Points:

• Minnesota Paid Leave (when applicable)
• Short-term disability benefits
• FMLA (if your organization is covered)

Your policy should state that leave may run concurrently when the reason qualifies under multiple laws or programs.

This avoids stacking leave unintentionally and ensures compliance.

Clarify Use of PTO and ESST

Minnesota law places limits on how employers handle accrued time.

Important considerations:

• You cannot require employees to use ESST or PTO
• You may allow (or require, depending on policy structure) use of vacation or PTO concurrently
• Clearly state whether accrued time will be applied during leave

Transparency here prevents disputes and ensures consistent administration.

Explain Benefits Continuation

Employees need to know what happens to their benefits while they are out.

Your handbook should clearly state:

• Employees may continue health, dental, and life insurance (if enrolled)
• Employees are responsible for their portion of premiums during unpaid leave
• Benefits accrued prior to leave are retained
• Benefits like PTO do not accrue during unpaid portions of leave

Providing a clear process for premium payments is also essential.

Reinforce Job Protection & Non-Retaliation

This is a critical legal protection-and one that should be clearly emphasized.

Your policy should confirm:

• Employees will be reinstated to the same or a comparable position upon return
• The company prohibits retaliation for requesting or taking leave

At the same time, include practical realities:

• Employees may still be impacted by company-wide decisions (e.g., layoffs or reduction in force)

This balances compliance with operational transparency.

Set Expectations for Return to Work

Your policy should address what happens at the end of leave:

• Employees are expected to return to work upon conclusion of approved leave
• Failure to return may be treated as voluntary resignation

Clear expectations help avoid ambiguity and protect both the employer and employee.

Avoid a “One-Size-Fits-All” Approach

Even the most well-drafted template requires customization.

Employers should evaluate:

• Whether they are covered by FMLA
• How Minnesota Paid Leave integrates with their policies
• Existing PTO, ESST, and disability practices
• Industry specific or workforce-specific considerations

A generic policy that isn’t tailored to your organization can create more risk-not less. 

Final Takeaway: Clarity is Compliance

The goal of your handbook isn’t just to meet legal requirements-it’s to provide clear, consistent guidance that mangers and employees can rely on.

A well-implemented Pregnancy and Parental Leave policy should:

• Reduce confusion
• Support employees during critical life events
• Protect your organization from compliance missteps

How WFJ Can Help

At Wagner, Falconer & Judd, we work with employers to go beyond templates-helping you build policies that are not only compliant, but practical and aligned with your business.

Whether you’re:

• Updating your employee handbook
• Integrating Minnesota Paid Leave
• Training managers on proper implementation

Our team can help ensure you policies in real life, not just on paper.

If your handbook hasn’t been updated in 2+ years…you’ll want to keep reading. 

Most businesses have an employee handbook.

But far fewer have a handbook that actually reflects current law, aligns with how their workplace operates today, and protects them when issues arise.

An outdated handbook doesn’t just sit on a shelf-it creates risk. And in employment law, small oversights can become expensive problems.

Let’s talk about the gaps we commonly see.

The “We Haven’t Touched It In Years” Problem

Employment laws change. Frequently.

Minimum wage requirements adjust.

Leave laws expand.

Remote work raises new compliance questions.

Harassment standards evolve.

If your handbook was reviewed more than two years ago, there’s a strong change it no longer reflects current legal requirements or best practices.

And when policies conflict with the law-or with how your company actually operates-that inconsistency can be used against you.

The Copy-and-Paste Handbook

Templates can be helpful starting points. But many businesses rely on generic, one-size-fits-all policies that don’t account for:

• State specific employment laws
• Industry-specific risks
• Multi-state workforce compliance
• Remote or hybrid teams
• Unique compensation structures

A handbook should reflect your business-not just employment law in general.

Policies that Sound Good-But Create Risk

We often see policies that unintentionally create legal exposure, including:

• Overly broad “at-will” disclaimers that contradict other language
• PTO policies that don’t align with state payout requirements
• Discipline policies missing updated reporting procedures
• Harassment policies missing updated reporting procedures
• Social media or technology policies that conflict with employee rights

Even well-intentioned language can create confusion if it’s unclear, inconsistent, or outdated.

The Disconnect Between Policy and Practice

One of the biggest compliance risks isn’t what’s written-it’s what’s practiced.

If your handbook says one thing but managers routinely do another, that inconsistently can undermine your defense is an employment dispute.

Your handbook should:

• Reflect how your business actually operates
• Provide clear manager guidance
• Align with training and onboarding processes
• Be consistently applied

A handbook is not just a document. It’s a framework for workplace expectations.

Why Regular Updates Matter

An updated handbook helps businesses:

• Reduce risk of wage and hour claims
• Strengthen defenses in wrongful termination disputes
• Clarify expectations around leave and accommodations
• Support consistent performance management
• Improve internal culture and communication

Proactive compliance is almost always more cost-effective than reactive litigation.

Signs It’s Time for a Handbook Review

You should consider a review if:

• It’s been more than two years since the last update
• Your company has grown significantly
• You’ve added remote employees
• You operate in multiple states
• You’ve experienced a recent employment dispute
• Laws have recently changed in your state

If any of these apply, it’s worth taking a closer look.

How Wagner, Falconer & Judd Supports Employers

At WFJ, we work with businesses to review, revise, and draft employee handbooks that align with current law and real-world operations.

Our goal isn’t to create unnecessary complexity-it’s to create clarity. Clear policies. Clear expectations. Clear compliance. 

An employee handbook should protect your business, support your team, and evolve as your company grows.

If yours hasn’t been updated in 2+ years, it may be time for a review.

Managing employee performance is a normal and necessary part of running a business. However, many retaliation and discrimination claims arise not from the decision itself, but from how the decision was made, documented, and communicated. 

When performance management is handled consistently and professionally, organizations can address workplace issues while reducing potential legal exposure. Here are several practical steps managers can take when handling discipline or termination decisions.

Address Performance Concerns Early

Waiting too long to address performance issues can create problems later. When concerns are only documented at the moment discipline occurs, it may appear reactive or unfair.

Managers should address issues as they arise by providing clear feedback, documenting conversations, and setting expectations for improvement. Early communication helps demonstrate that disciplinary decisions are based on legitimate performance concerns rather than unrelated circumstances.

Focus on Job-Related Performance

Disciplinary decisions should always be tied to objective, job-related expectations. Managers should focus on measurable issues such as missed deadlines, attendance problems, policy violations, or failure to meet performance standards.

Avoid comments or documentation that reference personal traits or characteristics unrelated to the job.

Document Facts, Not Opinions

Clear documentation is one of the most effective ways to protect both the organization and the employee.

Strong documentation should include:

• Specific dates and incidents
• The policy or expectation involved
• Prior coaching or warnings
• The employee’s response when appropriate

Objective documentation helps demonstrate that decisions were based on performance rather than personal bias.

Apply Policies Consistently

Consistently is critical when enforcing workplace policies. Employees performing similar roles should generally be held to the same standards.

When disciplinary process differ from past practice, organizations may face questions about fairness or unequal treatment. If a situation requires a different approach, managers should consult HR and document the reason.

Be Careful After Protected Activity

Retaliation claims often arise when discipline occurs shortly after an employee engages in a protected activity, such as reporting discrimination, participating in an investigation, or requesting certain workplace accommodations.

If discipline becomes necessary in these situations, it is especially important to ensure that the performance concerns are well documented and clearly unrelated to the protected activity.

Involve HR in Major Decisions

Before issuing significant discipline or moving forward with termination, managers should consult with HR or legal counsel. A second review can help ensure policies are followed, documentation is sufficient, and potential risks are considered.

A Consistent Approach Protects Everyone

Performance management works best when it is clear, consistent, and well documented. Addressing concerns early, applying policies fairly, and focusing on objective performance expectations can help organizations resolve workplace issues while reducing the risk of retaliation or discrimination claims.

When handled thoughtfully, performance management not only supports legal compliance-it also helps create a more transparent and accountable workplace.

The employment law team at Wagner, Falconer & Judd regularly works with business to review policies, support disciplinary decisions, and provide guidance on complex employment matters. Proactive legal guidance can help organizations address workplace challenges with confidence. 

Minnesota employers should take note of updated minimum wage rates that took effect in 2026. These annual adjustments are tied to inflation and carry important compliance obligations for businesses operating throughout the state-with separate requirements for Minneapolis and St. Paul.

Statewide Minnesota Minimum Wage (Excluding Minneapolis and St. Paul)

As of January 1, 2026, Minnesota’s minimum wage increased:

• Standard minimum wage: from $11.13/hour to $11.41/hour
• 90-day training wage (employees under age 20): from $8.85/hour to $9.31/hour

These rates apply to all hours worked, regardless of whether an employee is full-time or part-time and regardless of how they are paid (hourly, salary, commission, etc.)

Importantly, Minnesota does not allow a tip credit. Employers may not count tips toward meeting minimum wage obligations. Employees who receive tips must be paid at least the full minimum wage, in addition to any tips earned.

Minneapolis Minimum Wage

Employers with employees working in Minneapolis are subject to higher local minimum wage requirements. As of January 1, 2026, the Minneapolis minimum wage increased:

• From $15.97/hour to $16.37/hour

This rate applies to all employees working in Minneapolis, regardless of employer size.

St. Paul Minimum Wage (Varies by Employer Size)

St. Paul continues to phase in minimum wage increases based on employer size:

• Employers with 5 or Fewer Employees:
  • Increases from $13.25/hour to $14.25/hour on July 1, 2026
• Employers with 6-100 Employees:
  • Increases from $15.00/hour to $16.37/hour on July 1, 2026
• Employers with 101+ Employees:
  • Increased from $15.97/hour to $16.37/hour on January 1, 2026

Employers with operations in multiple locations should confirm which wage requirements apply to each employee based on where the work is performed.

Employer Compliance Requirements

In addition to updating payroll rates, employers must also meet notice and posting obligations:

• Update minimum wage posters to reflect the new rates
  • Posters must be displayed in conspicuous location accessible to employees
• Provide written notice to employees of any change to their rate of pay before the change takes effect

Failing to update pay rates, notices, or postings can expose employers to wage claims, penalties, and compliance issues.

How WFJ’s Compliance Center Can Help

Wage and hour compliance continues to be a common source of employer risk-particularly for businesses operating across multiple cities with different wage laws. WFJ’s Compliance Center helps employers stay ahead of changing requirements through proactive guidance, compliance audits, policy support, and ongoing education. 

If you have questions about how these 2026 minimum wage updates impact your business-or would like help reviewing your wage practices, postings, or employee communications-our team is here to help you stay compliant and avoid costly missteps.