📅 2026 Update: Key Changes in U.S. Employment Law

Since the original article was written, several important changes have occurred in U.S. employment law. These updates affect various aspects such as hiring, firing, and employee rights. The information provided here will help you understand the current landscape of employment laws.

The earlier article continues further down this page.

⚖️ New Developments in Joint-Employer Status

On October 27, 2023, the National Labor Relations Board (NLRB) published a final rule to set a new standard for joint-employer status. This rule aimed to clarify when two employers are considered joint employers under the National Labor Relations Act. However, it was vacated by a court on March 8, 2024, before taking effect.

As of February 27, 2026, the NLRB reverted to the previous standard.

💼 Davis-Bacon Act Updates

As of October 23, 2023, the Department of Labor updated the Davis-Bacon and Related Acts (DBRA) regulations. However, on June 24, 2024, a court issued a nationwide preliminary injunction. This injunction affects specific provisions, like the distinctions between material suppliers and contractors.

These provisions are currently not enforceable.

📅 WARN Act Compliance Changes

The Worker Adjustment and Retraining Notification (WARN) Act requires employers to give 60 days' notice before plant closings or mass layoffs. The Department of Labor continues to provide compliance assistance materials. These resources help both workers and employers understand their rights and responsibilities under the WARN Act.

⏰ Extended Compliance Dates for Staffing Requirements

On January 21, 2026, the Department of Labor extended the compliance date for states to meet the State merit-staffing requirements under the Wagner-Peyser Act. This new date is now set for January 21, 2027. This extension allows states more time to comply with the updated requirements.

📌 Key Points to Remember

  • ⚖️ The NLRB reverted to the previous joint-employer standard as of February 27, 2026.
  • 💼 Davis-Bacon updates are currently not enforceable due to a court injunction.
  • 📅 WARN Act requires a 60-day notice for layoffs, with ongoing compliance assistance.
  • ⏰ Extended compliance date for staffing requirements is now January 21, 2027.

💡 Tips for Understanding Employment Law

Review the details of your situation with your attorney.

📋 Know Your Rights Under the Davis-Bacon Act

If you're working on federal construction projects, understand your rights under the Davis-Bacon Act. This law requires that you receive prevailing wages based on location and type of work. Contractors must also submit certified payroll records to demonstrate compliance.

📅 Prepare for WARN Act Notifications

Employers must provide written notice 60 days before a plant closing or mass layoff. Ensure you understand the requirements for this notification, as it includes specific information about the planned action and its expected date.

🏢 Check Employer Size for WARN Act Applicability

The WARN Act applies to employers with 100 or more employees who are not part-time workers. Part-time workers are defined as those employed for less than six months in the last 12 months or those working less than 20 hours a week on average.

📚 Use Compliance Assistance Resources

The Department of Labor offers various resources to help employers and employees understand their rights under the WARN Act and the Davis-Bacon Act. These materials can guide you through compliance requirements and your rights as a worker.

🔍 Stay Updated on Employment Law Changes

Labor laws and regulations are subject to change. Regularly check official sources like the U.S. Department of Labor for the most current information.

This will help you stay informed about your rights and responsibilities.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services met the review threshold for this topic, so this section focuses on free government and nonprofit resources available to assist with employment law issues.

🥇 1. U.S. Department of Labor

The U.S. Department of Labor provides a wealth of information about employment laws, including the Davis-Bacon Act and the WARN Act. Their website offers compliance assistance materials to help both employers and employees understand their rights and responsibilities.

🥈 2. State Labor Departments

State labor departments often provide resources regarding employment law compliance. They may offer specific guidance on the WARN Act and other employment rights. Check with your local department for tailored resources related to your state.

🥉 3. WARN elaws Advisor

The WARN elaws Advisor is an interactive tool provided by the U.S. Department of Labor. It helps both employers and employees navigate WARN Act compliance.

This tool guides users through the requirements and offers information on what to include in notifications.

4️⃣ Compliance Assistance Materials

The Department of Labor offers various compliance assistance materials related to both the WARN Act and the Davis-Bacon Act. These materials help contractors and workers understand their rights and responsibilities under these laws.

🔎 What to Check Before Paying for Help with Employment Law

  • 📊 Verify the credentials of any service you consider.
  • 📄 Look for free resources from government or nonprofit organizations.
  • ❓ Ensure they specialize in employment law.
  • 💬 Read user reviews if available before making a decision.

❓ Frequently Asked Questions

❓ What is the Davis-Bacon Act?

The Davis-Bacon Act requires that laborers and mechanics on federal construction projects receive prevailing wages. These wages are determined by the Department of Labor and vary by location and job type.

❓ How does the WARN Act work?

The WARN Act mandates that employers give 60 days' notice before a plant closing or mass layoff. Employers must notify affected employees, local government officials, and the state dislocated worker unit.

❓ Who qualifies as a joint employer?

A joint employer is when two distinct employers share control over an employee’s terms of employment. The NLRB established guidelines for this, which were vacated in early 2024, reverting to older standards.

❓ What happens if an employer violates the WARN Act?

If an employer does not comply with the WARN Act, they may face penalties. Affected employees can seek damages, including back pay and benefits for the period of violation.

❓ Are there exceptions to the WARN Act notice requirement?

Yes, there are exceptions under the WARN Act for unforeseeable business circumstances, faltering companies, and natural disasters. Employers must meet specific criteria to qualify for these exceptions.

❓ How can I find resources for compliance assistance?

The U.S. Department of Labor offers various resources for compliance assistance. State labor departments also provide information regarding rights and responsibilities under employment laws.

⚖️ Recent Cases Related to Employment Law

Several recent court rulings impact employment law, particularly regarding contractor compliance and employee rights. These rulings highlight the ongoing developments in the legal landscape surrounding employment law.

You can browse more rulings on the news page for the latest updates.

End of October 2026 Update





The Pendleton Act: Everything You Need to Know

The Pendleton Act, also known as the Civil Service Reform Act of 1883, was a landmark piece of legislation that established the merit-based system for federal civil service. The act was passed in response to the corrupt practices that were prevalent in the American civil service at the time. In this article, we will explore the text of the Pendleton Act, how it works, and its impact on American government and politics.

Background

Before the Pendleton Act was enacted, the appointment of civil servants was based on political connections and patronage systems. This meant that any person who was appointed to a federal job had to be recommended or appointed by a political figure. Civil service jobs were often seen as rewards for political loyalty rather than competency or merit.

This system of appointments was plagued with corruption, nepotism and inefficiency. In 1881, President James A. Garfield was assassinated by a man who believed he was entitled to a government job due to his political affiliation. This event shed light on the problems of the patronage system and spurred political leaders to take action.

Pendleton Act Text

The Text of the Pendleton Act

The Pendleton Act was introduced by Senator George H. Pendleton of Ohio. The act was signed into law by President Chester A. Arthur on January 16, 1883. The text of the act is divided into five sections, each of which is designed to reform and regulate the American civil service.

📝 See Also

Section 1: Creation of the Civil Service Commission

The first section of the Pendleton Act established the Civil Service Commission. The commission was tasked with the responsibility of administering and enforcing the act. The commission was made up of three members, appointed by the president, with the advice and consent of the Senate.

Section 2: Establishing a Competitive Exam System

The second section of the Pendleton Act required that all applicants for civil service jobs must pass a competitive, merit-based examination. The examination was designed to test the knowledge, skills and abilities necessary to perform the duties of the job. The competitive exam system was intended to eliminate political patronage and nepotism from the appointment process.

Section 3: Prohibiting the Use of Political Contributions

The third section of the Pendleton Act prohibited the use of political contributions as a factor in the selection of civil servants. This provision was designed to prevent political figures from using their influence to secure appointments for their supporters.

Section 4: Establishing a Classified Service

The fourth section of the Pendleton Act established a classified service. This meant that all civil service jobs would be separated into categories based on the qualifications and skillsets required. The classified service system was intended to ensure that candidates were appointed based on their qualifications, skills and abilities.

Section 5: Prohibiting Discrimination and Favoritism

The fifth section of the Pendleton Act prohibited discrimination and favoritism in the selection and appointment of civil servants. This provision was designed to prevent any discrimination based on race, gender, or religion.

Impact of the Pendleton Act

The Pendleton Act was a significant milestone in American history because it established the merit-based system for federal civil service which is still in use today. Additionally, the act helped to remove the corrupt practices that were prevalent in the American civil service at the time, reduced political influence and ensured that individuals were appointed based on their qualifications, skills, and abilities.

The Pendleton Act also helped to establish a precedent that promoted the concept of a professional civil service which is impartial and free from political interference. The act ensured that civil servants could perform their duties without fear of reprisals from political figures and allowed them to maintain their professionalism.

In 1978, President Jimmy Carter signed the Civil Service Reform Act, which made several changes to the Pendleton Act. The Civil Service Reform Act further defined the merit-based system and gave federal employees more rights and protections.

Conclusion

The Pendleton Act is a significant piece of legislation that established the merit-based system for federal civil service. It helped to remove the corrupt practices that were prevalent in the American civil service at the time, reduced political influence and ensured that individuals were appointed based on their qualifications, skills and abilities. The Pendleton Act established a precedent that promoted the concept of a professional civil service which is impartial and free from political interference. Although the act has undergone several changes over the years, its fundamental principles continue to shape the American civil service.

Duties of the Commissioners:

The Pendleton Act of 1883 required commissioners to aid the President, as he requests, in preparing regulations for carrying the merit-based system into effect. These rules were to be promulgated so that all officers of the United States can modify and carry them out.

The rules of the Pendleton Act, which were to be adhered to and carried-out by all federal employees, were as follows:

• The Pendleton Act of 1883 provided and declared a prerequisite for appointments, including the administration of competitive exams. These examinations test the applicant’s character and capacity regarding the discharge of the duties of service into which they seek. The examinations are then graded and arranged into classes based on grades.

• No individual in the public service sector is permitted to contribute to any political fund or render any political service

• No individual has the right to use his authority or influence to coerce the political environment or the action of an individual

• The Commission is responsible for constructing and subsequently regulating the examinations

• The Commission is permitted to investigate all concerning facts and may report matters surrounding the enforcement and effects of said regulations and rules

• The Commission is responsible for drafting an annual report to the President, showings its actions, its created rules and regulations and the effects thereof. Furthermore, all pending suggestions for a more effectual accomplishment shall be rendered and delivered to the President.

The Pendleton Act in its Entirety:

SEC. 2. That it shall be the duty of said commissioners:

First. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules s1Jall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof; into effect.

Second. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows:

First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classified here- under. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed.

Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such competitive examinations.

Third, appointments to the public service aforesaid in the departments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census. Every application for an examination shall contain, among other things, a statement, under oath, setting forth his or her actual bona fide residence at the time of making the application, as well as how long he or she has been a resident of such place.

Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid.

Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so.

Sixth, that no person in said service has any right to use his official authority or influence to coerce the political action of any person or body.

Seventh, there shall be non-competitive examinations in all proper cases before the commission, when competent persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice.

Eighth, that notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals and of the date thereof, and a record of the same shall be kept. by said commission. And any necessary exceptions from said eight fundamental provisions of the rules shall be set forth in connection with such rules, and the reasons there-for shall be stated in the annual reports of the commission.

THIRD. Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep minutes of its own proceedings.

FOURTH. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act.

FIFTH. Said commission shall make an annual report to the President for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act.

SEC.3. That said commission is authorized to employ a chief exam- iner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. The chief examiner shall be entitled to receive a salary at the rate of three thousand dollars a year, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty The commission shall have a secretary, to be appointed by the President, who shall receive a salary of one thousand six hundred dollars per annum. It may, when necessary, employ a stenographer, and a messenger, who shall be paid, when employed, the former at the rate of one thousand six hundred dollars a year, and the latter at the rate of six hundred dollars a year. The commission shall, at Washington, and in one or more places in each State and Territory where examinations arc to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons serve, to be members of boards of examiners, and may at any time substitute any other person in said service living in such State or Territory in the place of anyone so selected. Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the collector, postmaster, and other officers of the United States at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same.

SEC. 4. That it shall be the duty of the Secretary of the Interior to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washington, for carrying on the work of said commission and said examinations, and to cause the necessary stationery and other articles to be supplied, and the necessary printing to be done for said commission.

SEC. 5. That any said commissioner, examiner, copyist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in co-operation with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprisonment.

SEC. 6. That within sixty days after the passage of this act it shall be the duty of the Secretary of the Treasury, in as near conformity as may be to the classification of certain clerks now existing under the one hundred and sixty-third section of the Revised Statutes to arrange in classes the several clerks and persons employed by the collector, naval officer, surveyor, and appraisers, or either of them, or being in the public service, at their respective offices in each customs district where the whole number of said clerks and persons shall be all together as many as fifty. And thereafter, from time to time, on the direction of the President, said Secretary shall make the like classification or arrangement of clerks and persons so employed, in connection with any said office or offices, in any other customs district. And, upon like request, and for the purposes of this act, said Secretary shall arrange in one or more of said classes, or of existing classes, any other clerks, agents, or persons employed under his department in any said district not now classified; and every such arrangement and classification upon being made shall be reported to the President.

Second. Within said sixty days it shall be the duty of the Postmaster-General, in general conformity to said one hundred and sixty-third section, to separately arrange in classes the several clerks and persons employed, or in the public service at each post-office, or under any post- master of the United States, where the whole number of said clerks and persons shall together amount to as many as fifty. And thereafter, from time to time, on the direction of the President, it shall be the duty of the Postmaster-General to arrange in like classes the clerks and persons so employed in the postal service in connection with any other post-office; and every such arrangement and classification upon being made shall be reported to the President.

Third. That from time to time said Secretary, the Postmaster-General, and each of the heads of departments mentioned in the one hundred and fifty-eighth section of the Revised Statutes, and each head of an office, shall, on the direction of the President, and for facilitating the execution of this act, respectively revise any then existing classification or arrangement of those in their respective departments and offices, and shall, for the purposes of the examination herein provided for, include in one or more of such classes, so far as practicable, subordinate places, clerks, and officers in the public service pertaining to their respective departments not before classified for examination.

SEC. 7. That after the expiration of six months from the passage of this act no officer or clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferred by the seventeen hundred and fifty-fourth section of the Revised Statutes, nor to take from the President any authority not inconsistent with this act conferred by the seventeen hundred and fifty-third section of said statutes; nor shall any officer not in the executive branch of the government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classified or to pass an examination.

SEC. 8. That no person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment to which the provisions of this act are applicable.

SEC. 9. That whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades.

SEC. 10. That no recommendation of any person who shall apply for office or place under the provisions of this act which may be given by any Senator or member of the House of Representatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act.

SEC. 11. That no Senator, or Representative, or Territorial Delegate of the Congress, or Senator, Representative, or Delegate elect, or any officer or employee of either of said houses, and no executive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive., or be in any manner concerned ill soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States.

SEC. 12. That no person shall, in any room or building occupied in the discharge of official duties by any officer or employee of the United States mentioned in this act, or in any navy-yard, fort, or arsenal, solicit in any manner whatever, or receive any contribution of money or any other thing of value for any political purpose whatever.

SEC. 13. No officer or employee of the United States mentioned m this act shall discharge, or promote, or degrade, or in manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose.

SEC. 14. That no officer, clerk, or other person in the service of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of the House of Representatives, or Territorial Delegate, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever.

SEC. 15. That any person who shall be guilty of violating any provision of the four foregoing sections shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment for a term not exceeding three years, or by such fine and imprisonment both, in the discretion of the court.

Approved, January sixteenth, 1883.