Workforce Demographic Data Still Matters, Even If EEO-1 Reporting Disappears
August 4, 2026Fall is finally here. And while that typically means football, cooler weather, and pumpkin-spice everything, for employers it should also mean taking a hard look at workplace practices before another year comes to a close.
Most compliance problems do not happen all at once. They develop gradually as jobs change, managers develop their own way of doing things, and policies become outdated. So, before we get into the holidays and suddenly find ourselves in 2027, here are eight things employers should consider doing this fall.
1. Revisit Exempt Classifications
Just because someone receives a salary does not mean the employee is exempt from overtime. Review employees classified as exempt, particularly those whose responsibilities have changed. As you’re assessing, focus on what employees actually do, and not their titles or job descriptions.
2. Find Out Whether Employees Are Recording All Their Time
Are your nonexempt employees answering emails after hours, working through lunch, or logging on before their scheduled start time? A policy prohibiting off-the-clock work won’t solve the problem if managers know it’s happening. Compare actual practices against your time records, and make sure to address any aspect of the workforce culture that pressures employees – explicitly or implicitly – to work off the clock.
3. Take Another Look at Independent Contractors
A contractor retained for a six-month project can gradually become someone who has worked exclusively for the company for three years and functions just like an employee. Issuing a Form 1099 does not determine someone’s legal status. Review long-term contractors and what’s really going on with those relationships.
4. Review Pay Before Making Year-End Compensation Decisions
Before finalizing raises and bonuses this year, look for unexplained compensation inequities among employees performing comparable work. If a disparity already exists, another compensation cycle may only make it worse. Now is the time to identify and address it.
5. Dust Off Your Harassment and Complaint Procedures
Having a policy is not enough. Do employees know where they can safely lodge a complaint, and can they complain to someone other than their supervisor? Do managers know what to do when misconduct is reported? Does HR follow up after an investigation to guard against retaliation? Fall is also a good time for refresher training that ensures managers and employees know what to do.
6. Audit Your I-9s Before Someone Else Does
Review I-9 files for missing forms, incomplete sections, and missed reverifications. Employers with remote workers should also make sure their verification procedures comply with current requirements. Internal audits can identify mistakes before they create unnecessary problems for employers and workers.
7. Figure Out Where Your Employees Are Actually Working
You can hire an employee in Pennsylvania who later moves to and works at home from New Jersey, Florida, or California. That move can affect the wage laws, paid leave, payroll taxes and other obligations that employers are required to adhere to. Compare the work locations in your HR system with where employees actually work.
8. Get Ready for January 1 Now
Do not wait until December 29 to identify employment-law changes that will take effect in 2027. Multistate employers, in particular, should begin reviewing upcoming changes involving minimum wage, paid leave, pay transparency, restrictive covenants, hiring practices, etc.
A Little Work Now Can Prevent a Lot of Work Later
Employment compliance does not always require a months-long audit. Sometimes the most useful exercise is simply stopping to ask whether your company’s actual practices still match its policies, and whether both still match the law. Fall is a particularly good time for that.
So enjoy the football and the pumpkin spice. But somewhere between now and the holidays, take a look under the hood of your employment practices too. You’ll probably be very glad you did.
