Spring Into May: Key Compliance Updates for Employers


News May 14, 2026

May Compliance Updates at a Glance

  • The IRS finalized guidance on the new “No Tax on Tips” deduction, including updated employer reporting requirements that will impact Form W-2 reporting beginning in 2026.
  • A federal court temporarily blocked the termination of Yemen TPS, extending certain Employment Authorization Documents (EADs) and creating updated Form I-9 requirements for employers.
  • President Trump signed Executive Order 14398, increasing compliance and enforcement risks related to DEI programs for federal contractors and subcontractors.
  • The U.S. Department of Labor proposed a new joint employer rule that could impact manufacturers and employers using staffing agencies, subcontractors, and other third-party labor arrangements.

Reminders:

  • May 25thObservance of Memorial Day
  • June 19th: Observance of Juneteenth

 


The IRS has issued a final rule clarifying which occupations qualify for the new “No Tax on Tips” deduction under the One Big Beautiful Bill Act (OBBBA). While the rule is largely focused on employees who receive tips, employers should be aware of the new reporting and compliance requirements tied to the deduction. The final rule confirms qualifying occupations, provides additional guidance on employees working in multiple roles, and outlines how qualified tips must be tracked and reported.

One of the biggest impacts for employers will be updated Form W-2 reporting requirements beginning in 2026. Employers will need to report total cash tips and applicable occupation codes for employees who receive tips. HR and payroll teams should begin reviewing payroll systems, tip-tracking practices, and employee classifications now to prepare for compliance. Read the full article to learn more about the final rule and employer obligations.

 

On May 1, 2026, a federal judge temporarily blocked the planned termination of Temporary Protected Status (TPS) for Yemen. As a result, certain Employment Authorization Documents (EADs) issued under Yemen TPS have been automatically extended by court order.

For employers, this means affected employees with Yemen TPS may continue working if their EAD originally expired on March 3, 2026, September 3, 2024, or March 3, 2023. USCIS has also issued updated Form I-9 guidance. When completing Form I-9, employees should enter “as per court order” in Section 1, while employers should enter “July 1, 2026” in Section 2 and include a note in the additional information box. Employers should continue monitoring USCIS for further updates and ensure I-9 records are updated appropriately.

For regular updates, check the USCIS TPS Yemen page.

 

On March 26, 2026, President Trump signed Executive Order 14398, requiring federal agencies to include new restrictions related to certain DEI activities in federal contracts and subcontracts. The order also increases enforcement risk, including potential contract termination, suspension, and False Claims Act (FCA) investigations for noncompliance.

Federal contractors should review DEI-related hiring, training, and workplace programs with legal counsel and monitor for additional agency guidance and enforcement activity.

Read the full article from Greenberg Traurig and the National Law Review.

The U.S. Department of Labor (DOL) has proposed a new rule that would establish a nationwide standard for when two or more businesses may be considered “joint employers” under federal labor laws. The proposal is especially relevant for manufacturers and employers that use staffing agencies, subcontractors, vendors, or other third-party labor arrangements.

The proposed rule looks at how much control a business has over workers, including hiring decisions, scheduling, supervision, pay practices, and employment records. Employers that rely on third-party labor may want to review current contracts and day-to-day management practices to better understand potential compliance risks if the rule is finalized.

Read the full article from Baker Donelson on JD Supra.


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