United States: Compliance

On 24 September 2026, the US Department of Labor’s (Department) Occupational Safety and Health Administration (OSHA) issued a new fact sheet, “Opioid Overdose Rescue with Reversal Medications” (Fact Sheet),1 addressing how employers and workers can prepare for and respond to opioid overdoses in the workplace. Although the Fact Sheet is informational and does not impose new compliance requirements, it provides employers with a timely framework for evaluating workplace overdose preparedness.

Proposed IRS regulations would significantly simplify dependent care assistance program (DCAP) nondiscrimination testing by excluding employees who receive no benefits from the 55% average benefits test. This participant-only approach should reduce testing failures and the need for employers to cap highly compensated employees’ elections.

The U.S. Treasury and IRS have issued comprehensive regulations implementing the new Section 25F Education Freedom Tax Credit, creating federal incentives for individual taxpayers to contribute to Scholarship Granting Organizations that fund K-12 educational scholarships. With an estimated $26 billion in annual contributions expected by 2030, these regulations address critical operational questions including credit calculations...

California's new Senate Bill 1316 creates a potentially case-dispositive evidentiary consequence for public works contractors beginning January 2027: failure to timely produce payroll, time, and employment records in response to labor commissioner requests may bar contractors from using those records to defend against civil wage and penalty assessments. The statute effectively transforms the investigation stage into a critical phase of hearing preparation, where a contractor's initial response to records re

Eli Lilly has filed five lawsuits targeting companies selling products containing retatrutide, an unapproved investigational peptide. The cases challenge online retailers using "research use only" disclaimers, weight loss clinics, and med spas, alleging their marketing practices and business operations demonstrate intent to sell for human use despite FDA warnings. These complaints reveal how manufacturers can leverage a company's own advertising, affiliate relationships, and operational details to build leg

FDA has submitted an interim access policy for peptide compounding to the Office of Management and Budget for review, marking a potential shift in federal enforcement. While the submission signals regulatory progress, the policy's scope, covered substances, and operational requirements remain undisclosed, leaving compounding pharmacies to navigate uncertainty about which peptides will qualify and under what conditions they may be prepared.

The U.S. Department of Justice and HHS Office of Inspector General have introduced a joint policy streamlining how companies should report potential criminal healthcare fraud. While the policy clarifies where to disclose such conduct, companies still face complex decisions about whether disclosure is appropriate and what consequences may follow from cooperation obligations and enforcement exposure.

The Department of Homeland Security has proposed imposing fees of $70,000 for initial OPT recommendations and $30,000 for second-year extensions on educational institutions, potentially reshaping how international students, universities, and employers participate in the Optional Practical Training program. While framed as a fraud prevention measure, the proposal raises critical questions about workforce access, cost allocation...

This weekly digest from Lowenstein Crypto examines critical regulatory developments shaping the digital asset landscape, including the OCC's findings on banking restrictions for crypto businesses, the EU's classification of USDC as a significant e-money token, Australia's proposed standards for crypto exchanges, and the FSB's concerns about cross-border stablecoin oversight. The report highlights how regulatory frameworks are evolving to address operational challenges while balancing innovation and financia