The Workplace Is Changing Fast, Are Your Policies Keeping Pace?

By: Scott Atwood, Esq.

Employers today are navigating a legal and operational environment that is growing more complex by the day. Evolving workplace technologies, shifting regulatory expectations, multistate compliance concerns, and changing workforce dynamics are all creating new challenges for employers trying to manage risk while supporting their teams.

Those themes were front and center during a recent session at the 2026 Tri-County SHRM Conference, where I had the privilege to serve on a panel that discussed several developments employers should be watching closely.

While the topics ranged from artificial intelligence to immigration compliance to accommodation law, a common thread emerged: assumptions that may have served employers well even a few years ago deserve renewed scrutiny.

Policies Built for Yesterday May Not Address Today’s Risks

One recurring theme was the importance of resisting “headline-driven” reactions while also avoiding complacency.

Take marijuana in the workplace. Despite attention around possible federal rescheduling, the panel emphasized that employers should not assume workplace obligations have fundamentally changed. For many employers, particularly those operating in regulated or safety-sensitive environments, current policies may still be appropriate. The greater risk may be reacting too quickly to developments that remain unsettled.

The same caution applies in immigration-related employment decisions. Questions surrounding work authorization, I-9 compliance, and employees facing uncertainty over immigration status highlighted how easily legal risk can arise when compassion, operational pressures, and compliance obligations intersect.

The discussion reinforced that good-faith compliance, consistency in applying policies, and disciplined documentation remain critical. Whether dealing with remote I-9 procedures, vendor relationships, or expired work authorization, shortcuts can create exposure that is difficult to unwind.

Artificial Intelligence Demands Governance, Not Informal Use

If one subject captured the pace of workplace change, it was artificial intelligence.

The panel’s discussion moved well beyond whether employers should be paying attention to AI. The question now is how organizations govern its use responsibly.

AI increasingly touches recruiting, hiring, performance management, internal productivity tools, and employee-driven use of public platforms. That creates opportunities, but also significant legal and operational considerations.

A strong takeaway from the panel was that AI should be approached as a governance issue, not simply a technology issue.

Employers should understand what AI-enabled tools are in use, what data they rely on, who is accountable for oversight, and where risks related to bias, confidentiality, or compliance may arise. This is particularly true in hiring, where legal challenges involving algorithmic screening continue to evolve.

Equally important is addressing employee use of AI tools, especially in remote environments and on personal devices. Clear policies, training, and coordination between HR, legal, and IT are becoming increasingly important as organizations seek to balance innovation with appropriate safeguards.

Compliance Risks Are Expanding in Less Obvious Ways

Another significant takeaway was that some of the most meaningful risks facing employers are not always the most obvious ones.

The panel explored how accommodation obligations continue to evolve, including under the Pregnant Workers Fairness Act and in the area of religious accommodation. These developments reflect a broader trend toward heightened attention to individualized analysis and careful process management.

Similarly, the discussion around discrimination claims highlighted how patterns continue to shift. Employers benefit from evaluating fairness and consistency in decision-making across all demographics, rather than relying on assumptions rooted in past claim trends.

Even remote work decisions can trigger unexpected consequences. Multi-state employment law compliance, including pay transparency requirements and varying leave and wage obligations, can arise simply because an employee relocates or a remote position is posted more broadly than intended.

For many organizations, these risks do not arise because of intentional decisions to expand complexity. They arise because workplace flexibility has changed faster than internal policies.

Routine Documents and Practices Deserve Fresh Review

Another practical point that resonated was the importance of revisiting foundational documents and processes employers may not have examined in years.

Severance agreements were one example. Provisions involving confidentiality, non-disparagement, agency cooperation, and related issues have been shaped by significant legal developments. Agreements that have not been reviewed in years may warrant attention.

That same principle extends well beyond severance agreements. Policies, handbooks, onboarding practices, technology use protocols, and compliance procedures all benefit from periodic review to ensure they reflect today’s legal and operational realities.

The Bigger Message for Employers

If there was one overarching message from the discussion, it was that employers are operating in a period where thoughtful risk management depends less on reacting to isolated legal developments and more on regularly reassessing the systems, policies, and assumptions already in place.

The legal landscape surrounding work is evolving quickly, but many employer risks remain manageable when organizations stay proactive, align legal and operational decision-making, and revisit policies before problems emerge.

In many respects, the question is no longer whether workplace change is accelerating. It is whether internal policies and practices are keeping pace.

Bottom Line

Rapid change in employment law, workplace technology, and compliance expectations makes periodic policy review more important than ever. Employers that take a proactive approach to governance, documentation, and policy alignment are often better positioned to manage risk and support their workforce effectively.