2026 Employment Law Forecast: 3 Ways to Plan
This past year was tumultuous for many employers and employees. Soaring tariffs, the government shutdown, and inflation all made maintaining stability difficult. In addition, a challenging political climate and several divisive policies led to tense situations in the workplace. To put it lightly, 2025 was rough.
Thankfully, there is still time to plan for 2026. For employers and employees in D.C., Maryland, and Virginia, there are no “immediate” laws that will take effect on January 1, 2026. Despite this, employers can still plan ahead to address emergent issues head-on. In the overview below, I offer three suggestions:
Create a proactive policy for the use of Artificial Intelligence (AI) in the workplace. Most industries see a big advantage in adopting AI as part of their product or services. Tasks like organizing data can be completed much quicker by a computer when compared to a human worker. Nonetheless, from a legal perspective, AI can be a huge source of liability for employers. For example, sharing client data and/or work product with a third-party creates immediate potential exposure for the legal, government contracting, and medical industries (to name a few). Further, even “private” AI software might still retain components of a user’s work product (depending on its policy’s terms), blurring whether they can be safely used. If you already have an AI policy, then I recommend refining it to reflect advancements during the last year. If you don’t have a policy yet, implement one now by defining how and in what manner your team can use AI. The policy should also create a protocol for reporting situations of misuse as well as inadvertent disclosures.
Review and/or update your team’s social media policies. While social media can create a feeling of community, it can also be extremely hurtful and damaging. 2025 was wracked by hate speech, with the issue anticipated to continue in 2026. Ultimately, unprofessional social media posts create issues for teams as well as the viability of businesses. I recommend that employers revisit (and potentially revamp) their social media policies to make clear what is and is not acceptable on team members’ accounts while on the clock (and off). In doing so, employers should ensure that the policies themselves are not discriminatory and do not interfere with workers’ rights to organize.
Consider revisiting and improving performance evaluations. Performance management is important to teams. Evaluations can be a source of legal liability for management if they are not uniformly administered and/or applied. Similarly, employees can be at a disadvantage for bonuses or growth in an organization if they do not receive clear direction. I recommend that employers revisit their performance management approach in 2026 in an effort to bolster retention and productivity – while cutting down on liability.
Consider planning before the end of 2026 to ensure a smooth start to the year. Feel free to reach out to me to discuss your team’s plans.
Theodora Stringham focuses her practice on bringing solutions-oriented representation and zealous advocacy to complex issues impacting individuals, organizations, and businesses. Ms. Stringham seeks to understand clients’ concerns and provide thorough and strategic options aimed at achieving their goals. She has been recognized for her work in the Real Estate, Labor and Employment, and Commercial Litigation practice areas, providing counseling and litigation support for a wide variety of concerns.