Federal Legislative Watch 2026: Regulatory Developments We’re Monitoring - HR ALERTS

Federal Legislative Watch 2026: Regulatory Developments We’re Monitoring

Effective: N/A

DOL Proposes New PBM Disclosure Requirements

Status: Proposed Rule (Comments Open Through March 31, 2026)

The U.S. Department of Labor has proposed a new rule that would require pharmacy benefit managers (PBMs) and other covered service providers to disclose detailed information to self-insured group health plans.

Under the proposal, PBMs would be required to

• Disclose the full scope of services provided, and

• Report all forms of compensation, including payments from drug manufacturers.

According to the DOL, the proposal is intended to help fiduciaries of self-insured group health plans governed by Employee Retirement Income Security Act (ERISA) assess whether PBM contracts and compensation arrangements are reasonable and compliant with fiduciary obligations.

PBMs typically serve as intermediaries in the prescription drug supply chain, handling pharmacy networks, formulary design, rebate negotiations, reimbursement rates, and claims processing.

What this means for employers

• This is a proposed rule only and is not yet effective.

• If finalized, the rule would increase transparency requirements for PBMs working with self-insured plans.

• Employers serving as plan fiduciaries may receive more detailed compensation and service disclosures from PBMs in the future.

Next Steps

Employers and other stakeholders may submit comments on the proposed rule through March 31, 2026 via Regulations.gov (RIN 1210-AB37). After the comment period closes, the DOL will review feedback and determine whether to issue a final rule, including an official effective date.

EEOC Rescinds 2024 Harassment Guidance

Update: On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 workplace harassment guidance.

The guidance, issued in May 2024, outlined the EEOC’s interpretation of harassment protections, including discussions related to remote work environments and gender identity issues. Portions of the guidance addressing gender identity had already been vacated by a federal court in 2025.

What this means for employers

• The rescission does not change existing federal anti-harassment laws.

• Title VII and other federal protections against workplace harassment remain in effect.

• The change reflects a shift in EEOC guidance and enforcement priorities, not employer obligations.

Why we’re watching

While guidance documents do not create new legal requirements, they signal how an agency interprets and enforces the law. Employers should continue to maintain strong anti-harassment policies and training aligned with existing federal and state law.

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