Seyfarth’s Midyear Employment Law Horizon Report (July 2026)

2026

• Miss. (Eff. 7/1/26) – Mississippi prohibits employers seeking economic development incentives from (1) recognizing a union based solely on signed authorization cards when an NLRB-run secret ballot election is available; (2) disclosing employees’ personal contact information to a union without prior written content unless required by law; (3) signing a neutrality agreement; or (4) requiring subcontractors to engage in any of these prohibited activities.  (S.B. 2202)
• Conn. (Eff. 10/1/26)- Connecticut amends its labor peace agreement requirements for cannabis establishments.  (H.B. 5003; Seyfarth Post)
• Mo. (Eff. 11/12/26) – Missouri clarifies that employees of cannabis-related businesses have the right to organize and bargain collectively; such employees are not “agricultural labor” for purposes of collective bargaining exemptions.  (H.B. 2641)

On the Horizon

• Or. (Eff. 1/1/27) – Oregon repeals a 2024 ballot measure that required certain cannabis organizations to enter into labor peace agreements with bona fide labor organizations.  (H.B. 4162)

On the Horizon

• Va. (Eff. 1/1/28) – Virginia’s paid Family and Medical Leave Insurance program provides eligible employees with up to 12 weeks of paid leave beginning on December 1, 2028 for qualifying military exigencies, including time needed to make arrangements following the death of a covered military member.  (H.B. 1207 / S.B. 2)

2026

• Minn. (Eff. 8/1/26) – Minnesota amends its definition of “violent crime” to include stalking, thereby expanding its crime victim leave law to require employers to allow an employee, who either is a victim or whose spouse or immediate family member is a victim, to take leave to attend related criminal proceedings.  (S.F. 4760

On the Horizon

• Va. (Eff. 7/1/27) – Virginia expands its paid sick leave law to cover all private employers by 2029.  Paid sick leave may be used for needs arising from domestic violence, sexual assault, and stalking.  (H.B. 5 / S.B. 199; Press Release; Seyfarth Post)

2026

• Haw. (Eff. 7/1/26) – Hawaii expands its family leave law, which guarantees leave that is unpaid unless paid leave is independently available, to include qualified military exigencies that relate to active duty services.  (S.B. 3082)
• N.J. (Est. 7/17/26) – New Jersey amends its unpaid family leave law, expanding eligibility for family-leave insurance benefits to cover employers with 15 or more employees and employees who have worked for an employer for three months (vs. 12) and who has completed 250 hours in a 12-month period (vs. 1,000).  The law gradually expands to cover employers who employ ten or more employees (eff. approx. 7/17/27) and to those that employ 5 or more employees (eff. approx. 7/16/28).  Also, the law protects employees’ use of temporary disability benefits, requiring employers to restore employees to their position or an equivalent position upon their return from taking up to 12 weeks of family temporary disability leave (regardless of whether it is paid).  (A. 3451)
• Me. (Reminder: 10/31/26) – Employers have from October 1^stto October 31^steach year to update the number of new employees and the number of covered employees to determine the PFML premium rate for the next calendar year.  (Portal)

On the Horizon

• Md. (Reminder: 1/1/27 to 1/3/28) – MD’s paid FML benefits will begin no earlier than January 1, 2027 but no later than January 3, 2028.  The exact date will be announced in the future.  (S.B. 0275; S.B. 828 / H.B. 988; Seyfarth Post; Announcement; H.B. 571 / S.B. 485; H.B. 102)
• N.Y. (Eff. 1/1/27) – New York extends paid family leave benefits to certain construction workers who have worked 26 of the last 39 weeks for a covered employer.  Employees maintain any existing health benefits (including union health plans) while on family leave.  (S. 8795)
• Va. (Eff. 1/1/28) – Virginia’s paid Family and Medical Leave Insurance program provides eligible employees with up to 12 weeks of paid leave beginning on December 1, 2028, for an employee’s own serious health condition, care of a covered family member’s serious health condition, bonding, qualifying military exigencies, and certain safety-related reasons (limited to four weeks).  On April 1, 2028, payroll contributions begin, with costs shared by employers and employees, except that employers with ten or fewer employees are not required to pay the employer share.  The law includes job-protected leave for employees employed at least 120 days, anti-retaliation protections, written notice and posting requirements, and permits approved private plans.  Regulations must be issued by April 1, 2028.  (H.B. 1207 / S.B. 2)
• Cal. (Operative 7/1/28) – California expands paid family leave (a temporary disability insurance program that provides wage replacement benefits) to cover care for a seriously ill “designated person” (i.e., a person related by blood or whose association is equivalent of family).  (S.B. 590; Seyfarth Post)

2026

• Haw. (Eff. 7/1/26) – Hawaii expands its family leave law, which guarantees leave to include qualified military exigencies that relate to active duty services.  (S.B. 3082)
• Ariz. (Est. 9/28/26) – Arizona clarifies that employees are entitled to job-protected military leave when complying with “competent military orders” for active duty or training, rather than only specified drills or field training.  The law takes effect 90 days after adjournment (currently scheduled for approximately June 30, 2026).  (H.B. 2663)
• Conn. (Eff. 10/1/26) – Connecticut clarifies that the state’s military leave law applies to employees who are members of the Connecticut Army National Guard, resolving any ambiguity about coverage for Guard members.  (H.B. 5406)
• Md. (Eff. 10/1/26) – Maryland allows certain active-duty service members and military spouses to work in licensed occupations without obtaining a Maryland license, effectively waiving some state licensing requirements.  (S.B. 242)

On the Horizon

• Ala. (Eff. 1/1/27) – Alabama allows private employers to adopt a voluntary veterans’ preference employment policy that may be extended to the spouse of a veteran or active duty service member.  Employers that adopt such a policy must notify the Alabama Dep’t of Workforce.  (H.B. 307)

2026

• La. (Eff. 8/1/26) – Louisiana requires private employers to provide up to 30 days of unpaid leave for an employee who, upon written request, serves as a living organ or bone marrow donor.  Also, the law prohibits retaliation for requesting or taking such leave.  (S.B. 409)

2026

• New York, N.Y. (Eff. 7/23/26) – Rules amending New York City’s Earned Safe and Sick Time Act take effect, defining “protected time off”; expanding permissible uses of ESST to include caregiving, legal/housing matters, public disasters, and workplace violence; requiring employers to provide at least 32 hours of immediately available leave each year (which may be unpaid); and clarifying employer compliance obligations, paid prenatal leave requirements, and penalties.  (Announcement; Rules)

On the Horizon

• Conn. (Reminder: 1/1/27) – On January 1, 2027, the Connecticut sick leave mandate will apply to any employer with one or more employee. (H.B. 5005; Seyfarth Post; Notice Prototype; Poster; FAQs)
• Va. (Eff. 7/1/27) – Virginia expands its paid sick leave law to, by 2029, cover all private employers.  Beginning July 1, 2027, employers with 50+ employees in 2027 must provide paid sick leave that accrues at a rate of one hour for every 30 hours worked with a yearly accrual, usage, and carryover cap of 40 hours.  Employers may frontload leave.  Leave may be used for an employee’s own or a covered family member’s mental or physical illness, preventative care, or needs arising from domestic violence, sexual assault, or stalking.  There is a notice and posting requirement in addition to a three year recordkeeping requirement.  CBAs that provide a sufficient amount of paid leave that may be used for the same purposes are not required to provide additional paid sick leave.   (H.B. 5 / S.B. 199; Press Release; Seyfarth Post)

2026

• Va. (Eff. 7/1/26) – Virginia requires employers to disclose the wage or salary ranges, set in good faith, in each public and internal job posting, transfer, or other employment opportunity.  There is a 15-day cure period.  The law includes a one year statute of limitation and a dual enforcement scheme.  (H.B. 636 / S.B. 215; Seyfarth Post)
• Me. (Est. 7/28/26) – Maine’s pay transparency law requires employers with ten or more employees to include the prospective pay range, or if applicable, that compensation is based solely on commission, in job postings made by the employer or indirectly through a third party.  Also, upon an employee’s request, employers must disclose the pay range for the position that the employee holds.  The law takes effect 90 days after the legislative session ends.  (H.P. 18)
• Conn. (Eff. 10/1/26) – Connecticut amends its wage transparency law requirements, requiring employers to also disclose in a posting or ad a general description of benefits (health insurance, retirement, fringe benefits, paid leave, and any other compensation offered) or if a posting has not been made available to the applicant, then upon request or prior to any discussion or offer of compensation.  The requirement applies to any position performed in Connecticut or in which an employee working outside of Connecticut reports directly to a supervisor, office, or worksite in Connecticut.  (H.B. 5003; Seyfarth Post; Seyfarth Post RE: Pay Transparency)

On the Horizon

• Columbus, Ohio (Enforcement: 1/1/27) – Columbus, OH’s ordinance requires employers with 15 or more employees in Columbus, OH to include a reasonable salary range or scale in employment postings based on factors such as the anticipated range of experience, potential variation in the responsibilities of the position; cost of living; and opportunities for growth.  The ordinance does not apply to internal transfers and promotions or solicitations replicated and published without an employer’s consent.  (File No. 2898-2025; Amendments; Fact Sheet)
• Del. (Eff. 9/26/27) – Delaware’s pay transparency law, applicable to employers with more than ten employees, requires employers to make job opportunities known to all employees.  Job posts must include the hourly or salary compensation or range; the base/range for work paid on a tipped basis; or that the job is paid on a commission basis, plus a general description of the benefits.  If a posting has not been made available to an applicant, employers must provide this information prior to any offer or discussion of compensation or upon the applicant’s request.  The law includes a three year recordkeeping requirement.  (H.B. 105)

2026

• Colo. (Eff. 8/12/26) – Colorado requires private employers with 100 or more employees that conduct business in Colorado to include EEO-1 “demographic workforce data” (race, ethnicity, gender, and job category) in periodic reports filed with the Sec’y of State, beginning July 1, 2027, and to do so even if the federal EEO-1 reporting requirement is repealed or discontinued.  (H.B. 26-1207)

On the Horizon

• Cal. (Eff. 1/1/27) – California’s existing pay data reporting law expires and will be replaced with a comparable version that expands the list of job categories.  (S.B. 464; Seyfarth Post)
• Colo. (Reminder 7/1/27) – Beginning July 1, 2027, Colorado requires private employers with 100 or more employees that conduct business in Colorado to include EEO-1 reporting “demographic workforce data” in reports filed with the Sec’y of State.  (H.B. 26-1207)

2026

• Va. (Eff. 7/1/26) – Virginia prohibits employers from seeking or relying on a prospective employee’s wage or salary history.  Prospective employees may voluntarily disclose their wage or salary history after an initial offer is extended that includes compensation.  If a prospective employee voluntarily discloses their wage or salary history without prompting then the employer may seek to confirm their wages and may use it to support an initial offer.  (H.B. 636 / S.B. 215; Seyfarth Post)
• Me. (Est. 7/28/26) – Maine requires employers with ten or more employees maintain a record of an employee’s pay history for each position they held during employment and for three years after the termination of the employee’s employment.  The law takes effect 90 days after the legislative session ends.  (H.P. 18)

On the Horizon

• City of Bethlehem, Penn. (Est. 6/24/27) – Provided the city does not exclude Northampton County’s Ord. No. 794, employers may not ask job applicant what their salary is or was at any current or previous employment.  (Ord. No. 794)

2026

• Neb. (Est. 7/18/26) – Nebraska’s mini-WARN law takes effect, requiring employers with 100 or more employees to provide at least 90 days’ written notice before a business closing or mass layoff resulting in an employment loss of 100 or more full-time employees at a single site.  The notice must include detailed information about the layoff, affected employees, and copies of applicable employee handbook or employment policies (or unrestricted online access).  The 90-day notice period may be reduced by severance pay or wages in lieu of notice.  A CBA may designate a different notice period.  Regulations may be forthcoming.  The law takes effect three months after the legislative session ended on April 18, 2026.  (L.B. 921; Seyfarth Post)
• Conn. (Eff. 10/1/26) – Connecticut’s broad AI law adds a new disclosure requirement for employers filing under the federal WARN Act by requiring employers that submit a federal WARN notice to the Connecticut Dep’t. of Lab. to state whether the mass layoff or plant closing is related to the use of AI or other technological changes.  (S.B. 5)
• Cal. (Reminder: 12/31/26) – On December 31, 2026, California’s extended COVID-19 reemployment protections expire.  (A.B. 858; Seyfarth Post)

On the Horizon

• Conn. (Eff. 7/1/27) – Connecticut requires covered service contractors to provide advance notices on a compressed timeline in connection with certain termination or facility closures.  (H.B. 5003; Seyfarth Post)

2026

• Or. (Eff. 7/1/26) – Oregon increases penalties for child labor violations that will be adjusted for inflation every two years, beginning on July 1, 2027, and includes new penalties, including revoking an employer’s minor work permit for at least 12 months for certain penalties.  (H.B. 1644)
• Ind. (Eff. 7/1/26) – Indiana no longer requires employers to register with its Dep’t of Lab. if it hired, employed, or permitted at least five minors, between the ages of 14-17, to work.  (H.B. 1302)
• Tenn. (Eff. 7/1/26) – Tennessee regulate content creation by minors.  (S.B. 1469)
• Va. (Eff. 7/1/26) – Virginia permits children who are 16 years of age or older to serve in apprenticeship programs and other work-based learning experiences related to culinary arts or IT if certain conditions are met.  (H.B. 275 / S.B. 10; Seyfarth Post)
• Wash. (Eff. 7/1/26) –Washington allows certain 16 and 17 year olds to work longer hours (the same number if on a school vacation or holiday) if enrolled in a college program or a technical education program.  On July 1, 2026, the corresponding regulations take effect.  (H.B. 1121; Proposed Regulations; Notice; Final Rules)
• Wash. (Eff. 7/1/26) – Washington allows minors with certain licenses to work around bloodborne pathogens.  (Notice; Final Rules)
• Mich. (Reminder: 10/2/26) – A new registration system replaces the work permit system used when hiring minors. (H.B. 5594)

On the Horizon

• Or. (Eff. 1/1/27) – Oregon prohibits its Bureau of Lab. and Indus. from adopting regulations governing the total hours that a minor can work that are less restrictive than required under the federal FLSA.  (H.B. 4013)

2026

• Conn. (Eff. 7/1/26) – Connecticut prohibits warehouse employers from adopting quotas that interfere with meal or bathroom breaks.  (S.B. 298)

2026

• Md. (Eff. 10/1/26) – Maryland amends its EWA: it now treats providers as regulated lenders; bans tips and gratuities; requires a no-cost access option; and tightens limits on fees, collections, and advertising practices.  (S.B. 94)

2026

• Va. (Eff. 7/1/26) – Virginia’s overtime law now covers an individual employed by a home care agency or other third-party provider of direct support services (e.g., assistance with daily living).  (H.B. 238; Seyfarth Post)

On the Horizon

• Va. (Eff. 7/1/28*) – Virginia expands its overtime protections to include “domestic workers” (e.g., housekeepers, nannies, landscapers, etc.).  *The provision takes effect only if reenacted by the 2027 General Assembly.  (S.B. 28)

2026

• Va. (Eff. 7/1/26) – Virginia requires employers to maintain paystub records for three years.  (H.B. 238; Seyfarth Post)
• Conn. (Eff. 10/1/26) – Connecticut requires employers with 100 or more employees to create, maintain, and post in English, Spanish, and other commonly used languages an overtime pay-code guide explaining overtime and at least ten commonly used pay differentials (e.g., on-call, call-back, holiday pay, etc.).  The guide must be provided to new hires and must be updated each time a new pay code is used.  (H.B. 5003; Seyfarth Post)

On the Horizon

• Nev. (Reminder: Exp. 10/31/2029) – Nevada incorporated provisions of the Portal-to-Portal Act into its wage-hour laws, clarifying that certain pre- and post-shift activities are not compensable.  On October 31, 2029, the provision requiring employers to pay employees for time donning and doffing uniforms or personal protective equipment if they cannot bring or wear it from home expires.  (S.B. 8)

2026

• D.C. (Eff. 7/1/26) – Starting on July 1, 2026, the tipped minimum wage will 56% of the D.C. minimum wage.  On July 1, 2028, it will be 60% of the D.C. minimum wage.  Then, it will increase 5% every two years until July 1, 2032, when the tipped minimum wage is 75% of the D.C. minimum wage.  (B26-0450)
• Ga. (Reminder: 7/1/26) – Georgia is phasing out subminimum wages for workers with disabilities with limited exceptions: beginning July 1, 2026, disabled workers must be earn at least 50% of the federal minimum wage per hour, earning full federal minimum wage by July 1, 2027.  (S.B. 55)

On the Horizon

• Mich. (Reminder: 1/1/27, 1/1/28, 1/1/29, 1/1/30, & 1/1/31) – Michigan is gradually increasing the tipped minimum wage.  On January 1^stof each year, the tipped minimum wage will equal a percent of the Michigan minimum wage: 42% in 2027, 44% in 2028, 46% in 2029, 48% in 2030, and 50% in 2031.  (S.B. 8)
• Chicago, Ill. (Reminder: 7/1/28, 7/1/29, 7/1/30, 7/1/31, 7/1/32, & 7/1/33) – In 2023, Chicago enacted an ordinance phasing out the tip minimum wage over five years by annually reducing, on July 1^st, the percentage of tips that are considered when calculating an employee’s pay.  Once phased out, employers may not account for tips when calculating employee pay and must pay each covered employee the applicable minimum wage.  On May 20, 2026, however, Chicago delayed implementation, extending the timeline for phasing out minimum wage and adding an employee threshold.  As of July 1, 2025, tips may not account for more than 24% of an employee’s pay, which will now hold steady for all covered employers through June 30, 2028.  For employers with 21 or more employees, the rate will decrease to 16% on July 1, 2028; which will further decrease to 8% on July 1, 2029; and be fully phased out beginning July 1, 2030.  For employers with less than 21 but more than 3 employees, the rate will remain at 24% until July 1, 2030 when it will reduce to 16% of an employee’s pay; which will further reduce to 12% on July 1, 2031; 6% on July 1, 2032; and be fully phased out beginning July 1, 2033.  (Ord. SO2023-2995; Seyfarth Post; Modified Timeline)
• Ga. (Reminder: 7/1/27) – Georgia phases out subminimum wages for workers with disabilities with limited exceptions: by July 1, 2027, disabled workers must be earn full federal minimum wage.  (S.B. 55)
• D.C. (Reminder: 7/1/28; 7/1/30; 7/1/32; 7/1/34) – On July 1, 2028, the tipped minimum wage will be 60% of the D.C. minimum wage.  Then, it will increase 5% every two years until July 1, 2034, when the tipped minimum wage is 75% of the D.C. minimum wage.  (B26-0450)
• Ill. (Reminder: 12/31/29) – Illinois completes phasing out subminimum wage for disabled workers.  (H.B. 793)

2026

• Va. (Eff. 7/1/26) – Virginia’s wage-payment law expands the definition of “wages” to expressly include not only wages and salaries, but also overtime pay, tips, and bonuses, and damages arising from employee misclassification.  (H.B. 238; Seyfarth Post)
• New York, NY (Est. 7/28/26) – New York City requires covered private employers of security guards to, beginning January 1, 2027, pay minimum wages tied to city public building service contracts, with additional requirements to provide minimum paid time off (2028) and supplemental benefits (2029), while imposing notice, recordkeeping, and anti-retaliation provisions.  (File No. Int. 1391-2025)
• Conn. (Eff. 10/1/26) – Connecticut expands its definition of “employee” to include minor league baseball players who are compensated pursuant to a CBA.  (H.B. 5003; Seyfarth Post)

2026

• Va. (Eff. 7/1/26) – Virgina updates its wage-payment law, amending covered “wages” to include wages, salaries, overtime, tips, bonuses, and damages due to misclassification.  Also, it updates its construction contracts law to hold general contractors and all subcontractors jointly and severally liable for violations of wage-payment timing and written statement requirements for qualified contracts entered into on or after July 1, 2026.  (H.B. 238; Seyfarth Post)

On the Horizon

• Or. (Eff. 1/1/27) – Oregon expands its criminal “theft of services” statute to include the intentional failure to make “full or partial” payment for services, including labor, with penalties ranging from a Class C misdemeanor to a Class B felony depending on the amount of unpaid wages.  (H.B. 4089)

2026

• Va. (Eff. 7/1/26) – Virginia’s Arbitration Fairness Act imposes new requirements on pre-dispute arbitration agreements between Virginia employees and their employers when a high‑volume arbitration service provider is used, including rules governing neutral arbitrator selection and disclosures, tolling of statutes of limitations, and consequences if an employer does not timely pay required arbitration fees (including waiver of the right to compel arbitration).  The law applies only to arbitration agreements entered into on or after July 1, 2026, and its requirements are deemed material terms of such agreements under Virginia contract law.  (S.B. 227)

2026

• Ga. (Eff. 7/1/26) – Georgia’s “Voluntary Portable Benefit Plan Act” allows any person to voluntarily contribute to an independent contractor’s portable benefit account, which may be used to fund benefit plans such as retirement and health, unemployment, disability, and life insurance.  Contributions require a written agreement that is clear, unambiguous, and prominently displayed in the hiring contract, requiring the independent contractor to opt in, and allows them to opt out at any time.  Any person may voluntarily contribute to the accounts without it causing the person or entity to be classified as an employer or independent contractor.   (H.B. 987)
• Idaho (Eff. 7/1/26) – Idaho’s “Portable Benefit Plan Act” allows any person to voluntarily contribute to an independent contractor’s portable benefit accounts.  Funds may be used for benefits such as retirement and disability, health, income replacement, life, and unemployment insurance.  Contributions may not be used as evidence of an employment relationship.  (H. 645)
• Kan. (Eff. 7/1/26) – Kansas authorizes the creation of voluntary portable benefit plan for independent contractors, allowing hiring parties or independent contractors to contribute to accounts that may fund retirement or health, income-replacement, disability, or life insurance.  If the funding is a percentage of owed compensation, there must be written agreement with clear, unambiguous, and prominently displayed language that allows the independent contractor to voluntarily opt-in with the ability to opt out at any time.  Contributions cannot be used as evidence of an employment relationship.  (H.B. 2602)
• Wyo. (Eff. 7/1/26) – Wyoming authorizes the creation and use of portable benefit accounts for independent contractors, which may be used to fund benefit plans such as retirement and health, dental, income replacement, or life insurance.  Any person may voluntarily contribute to the accounts without the contribution being used as a factor in determining employment status.  Necessary regulations will be adopted.  (S.F. 41)

On the Horizon

• Colo. (Eff. 1/1/27) – Colorado expands nondiscrimination obligations for transportation network companies and their drivers, requiring mandatory service‑animal and nondiscrimination training for drivers and adoption and posting of an anti‑discrimination policy.  (H.B. 26‑1043)

2026

• Va. (Eff. 7/1/26) – Virginia updates its misclassification law: general contractors and all subcontractors of construction contracts are jointly and severally liable for misclassification violations for qualifying contracts entered into on or after July 1, 2026.  (H.B. 238; Seyfarth Post)

On the Horizon

• Cal. (Reminder: 1/1/29) – The “ABC” test (which determined who is an independent contractor) carve out for licensed estheticians, electrologists, manicurists, barbers, cosmetologists, and commercial fisherman expires.  (A.B. 1514)
• Cal. (Reminder: 1/1/30) – The “ABC” test carve out for newspaper distributors working under a contract with a publisher or newspaper carriers expires.  (A.B. 224)

2026

• S.D. (Eff. 7/1/26) – South Dakota permits non-compete agreements between jointly owned business entities to remain valid if it restricts a former owner from competing within the geographic area where the entity conducts business for up to three years after the ownership transfer.  (H.B. 1180)
• Tenn. (Eff. 7/1/26) – Tennessee prohibits employers from requiring, requesting, or enforcing a non-compete against an employee earning less than $70,000 in annualized compensation (e.g., wages, commissions, and nondiscretionary bonuses), rendering agreements entered into, renewed, or amended after the effective date void and unenforceable.  Also, the law establishes a rebuttable presumption for determining whether the duration of a non-compete is reasonable, ranging from two to five years, depending on the relationship.  Employers may enforce a confidentiality or nondisclosure agreement and nonsolicitation agreements (customer and employee).  (H.B. 1034 / S.B. 995)
• Va. (Eff. 7/1/26) – Virginia’s non-compete law bars the enforcement of a non-compete against an employee discharged without cause unless the employer provides “severance benefits or other monetary payment,” which must be disclosed when the agreement is signed.  The law will not affect agreement entered into, amended, or renewed before July 1, 2026.  Also, the law expands the right to sue for violations to all employees.  (S.B. 170; Seyfarth Post; Seyfarth Post)
• Va. (Eff. 7/1/26) – Virginia bans post-termination non-compete provisions in franchise agreements.  The law does not alter, modify, or impair any contract entered into, extended, or amended prior to July 1, 2026.  (H.B. 69 / S.B. 240)
• Va. (Eff. 7/1/26) – Virginia prohibits an employer from entering into, enforcing, or threatening to enforce a non-compete agreement with a health care professional, defined as any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work.  Health care professional, upon departure, may share their new professional contact information and the patient’s right to choose a health care professional with existing patients.  (H.B. 627 / S.B. 128; Seyfarth Post)
• N.H. (Est. 7/7/26) – New Hampshire restricts non-compete agreements with a physician associate licensed to practice medicine in New Hampshire that restricts their ability to practice after the end of a partnership, employment, or other professional relationship, including any geographic limitation for any period of time.  The prohibition only applies to new contracts or those renewed after the law takes effect.  The law takes effect 60 days after passage.  (S.B. 402)
• Me. (Est. 7/14/26) – Maine enacted a law expanding its existing restrictions on medical non-competes to prohibit non-compete agreements with “health care practitioners,” defined broadly as any individual qualified or licensed to provide health care services in Maine.  Enforceable noncompetes must recognize an individual’s right to choose their own health care practitioner and may not take effect until after one-year of employment or six months after signing, whichever is later.  The law takes effect 90 days after adjournment.  (H.P. 1479 / L.D. 2200)
• La. (Eff. 8/1/26) – Louisiana prohibits non-compete agreements with interns and apprentices.  (H.B. 315)
• Md. (Eff. 10/1/26) – Maryland prohibits non-compete agreements with certain licensed architects.  (H.B. 1016)

On the Horizon

• Neb. (Est. 7/1/27) – Nebraska prohibits health care staffing agencies from including in any contract with a worker or health care entity, a non-compete clause restricting the employment opportunities of a worker.  (L.B. 921)
• Vt. (Eff. 1/1/27) – Vermont removes a provision regulating “agreements not to compete” between franchisors and franchisees from its franchisors laws.  (H. 733)

2026

• Conn. (Eff. 10/1/26) – Connecticut’s prohibits any employer, on or after October 1, 2026, from requiring an employee, as a condition of employment, to agree to pay an employer or their agent a sum of money if the employee leaves before a set period of time (e.g., reimbursement for training). (H.B. 5003; Seyfarth Post; Seyfarth Post: Stay-or-Pay)
• N.Y. (Eff. 12/19/26) – New York narrows its “Trapped at Work” law to apply to employees (vs. workers) employed for hire, thereby excluding independent contractors.  The law creates exceptions for many common compensation arrangements such as bonuses, relocation assistance, and other non-educational incentives not tied to job performance; qualified tuition repayment agreements; and agreements entered into with a collective bargaining representative.  Also, it provides factors to be used when assessing penalties.  (A. 9452; Seyfarth Post)

On the Horizon

• Neb. (Eff. 7/1/27) – Nebraska enacts a law regulating health care staffing agencies:  with limited exceptions, the law prohibits any contract with a worker from requiring payment for employment fees or other compensation if the worker is subsequently hired as a permanent employee.  (L.B. 921)

• Wash. (Eff. 6/30/27) – Washington bans all “noncompetition covenant” for Washington-based workers and businesses, which includes any provisions that require an individual to return, repay, or forfeit any right, benefit, or compensation as a consequence of engaging in a lawful profession, trade, or business.  The law excludes written agreements to repay out-of-pocket educational expenses if the agreement expires within 18 months of hire; pro rates repayment; and waives repayment if separation is for “good cause.”  (H.B. 1155; Seyfarth Post)

2026

• Conn. (Eff. 10/1/26) – Connecticut expands its consumer privacy laws to address automated decision-making in employment.  Although employees and applicants are generally excluded from the definition of “consumer,” employers using automated profiling to deny employment opportunities must provide enhanced rights, including explanations, correction of inaccurate or third-party data, and reevaluation of automated decisions.  (S.B. 4)
• Conn. (Eff. 10/1/26) – Connecticut’s new AI law, beginning October 1, 2027, imposes new notice and transparency requirements on employers that use automated systems to make or substantially assist with employment decisions, including hiring, promotion, discipline, and termination.  The law requires advance disclosures to applicants and employees and expressly ties AI use to the Connecticut anti-discrimination law.  (S.B. 5)

On the Horizon

• Colo. (Eff. 1/1/27) – Colorado regulates the use of automated decision-making technology that materially influences “consequential decisions,” including employment decisions, by requiring developer documentation, deployer notice and recordkeeping, post-adverse action disclosures, and consumer rights to data correction and meaningful human review.  (S.B. 26-189; Seyfarth Post)

2026

• Wash. (Reminder: 7/1/26) – Changes to the Washington Fair Chance Act, which apply to the collection and use of criminal history data, now apply to employers with 15 or more employees.  (H.B. 1747; Seyfarth Post)

On the Horizon

• Wash. (Reminder: 1/1/27) – Changes to the Washington Fair Chance Act, noted above, apply to employers with fewer than 15 employees.  (H.B. 1747; Seyfarth Post)

2026

• Conn. (Eff. 10/1/26) – Connecticut restricts the use of facial recognition technology by private entities that deploy such technology for security or loss-prevention purposes, permitting use only under limited conditions and requiring notice, a privacy policy and posting, and a process for individuals to request removal from facial recognition databases.  Also, the law clarifies definitions of biometric data.  (S.B. 4)

2026

• Ga. (Eff. 7/1/26) – Georgia renames “low THC oil” as “medical cannabis.”  While the law does not create employment protections, it expressly confirms that employers are not required to accommodate marijuana use and may maintain zero-tolerance drug policies, including for off-duty use and detectable THC at work.  (S.B. 220)
• Okla. (Eff. 11/1/26) – Oklahoma amends its medical marijuana law: employers may not refuse to hire or take an adverse action against an applicant or employee solely based on their status as a medical marijuana licensee or a positive marijuana test, with limited exceptions including actions taken pursuant to a written drug and alcohol testing policy.  Also, safety-sensitive positions are subject to a mandatory zero-tolerance standard, regardless of whether the policy permits impairment-based testing or alternative standards.  The law amends the definition of “safety-sensitive positions”; preserves employers’ ability to prohibit use or possession at work; and ties “positive” test results to DOT or Okla. cutoff levels.  (H.B. 3127; Seyfarth Post)

2026

• Idaho (Eff. 7/1/26) – Idaho’s Merit-Based Health Care Act prohibits health care providers that participate in Idaho Medicaid from considering race or sex-based DEI factors in hiring, promotions, compensation, training, or contracting decisions, and certain public-facing communications that promote DEI concepts, including value statements and social media.  Compliance is a condition of participating in Medicaid.  Also, health care professionals have a private right of action if retaliated against for refusing to participate in prohibited DEI conduct.  (H.B. 928)
• Iowa (Eff. 7/1/26) – Iowa repeals and narrows numerous affirmative action requirements tied to state contracting programs, while retaining equal employment opportunity requirements and continuing to allow preferences to the utilization of Iowa-based minority, women, and disadvantaged-owned businesses in state contracting and procurement programs.  (H.F. 2711)

On the Horizon

• Fla. (Eff. 1/1/27) – Florida prohibits counties and municipalities from funding, promoting, or taking official action related to DEI; voiding existing DEI-related ordinances or policies; and requires entities entering into contracts with county or municipal contracts to certify that it will not use public funds to require employees, contractors, or others to participate in DEI-related materials or instructions.  (S.B. 1134)

2026

• Ind. (Eff. 7/1/26) – Indiana makes it unlawful for an employer to knowingly or intentionally recruit, hire, or continue to employ an unauthorized alien in Indiana.  (S.B. 7)
• S.D. (Eff. 7/1/26) – South Dakota defines “sex,” with limited exceptions, as either male or female throughout its code.  (H.B. 1184)
• Va. (Eff. 7/1/26) – Virginia expands the reach of Virginia’s nondiscrimination laws to cover employers with five or more employees (down from 15) and lengthens the statute of limitations for filing a discrimination complaint from 300 days to two years.  (S.B. 637)
• Va. (Eff. 7/1/26) – Virginia prohibits employers from using coercion or threats based on an employee’s (or family member’s) immigration status to deter the employee from engaging in protected activities or exercising rights under Virginia’s wage payment and wage theft laws.  (H.B. 675; Press Release)
• La. (Eff. 8/1/26) – Louisiana’s Restoring Biological Truth Act takes effect, systematically replacing references to “gender” within its code with “sex,” and defines “sex” as an individual’s biological sex, male or female, as observed or clinically certified at birth.  The law affects state anti-discrimination provisions and workforce demographic reporting requirements by prohibiting the use of “gender identity” or “other subjective terms” as substitutes for “sex” under Louisiana law.  (H.B. 578)
• Minn. (Eff. 8/1/26) – Minnesota amends its anti-discrimination law to clarify that a failure to engage in the interactive process to determine whether a reasonable accommodation exists that would allow a person with a disability to fully participate in employment may be an unfair discriminatory practice.  (S.F. 3210)
• Conn. (Eff. 10/1/26) – Connecticut expressly prohibits employers from processing personal data in ways that violate state or federal anti-discrimination laws and making evidence of bias testing (or the last thereof) relevant in enforcement actions.  (S.B. 4)
• Conn. (Eff. 10/1/26) – Connecticut’s broad AI law amends the state’s anti-discrimination law to expressly address to use of AI in employment decisions. Separately, the law requires employers to provide advance notice when AI is used in hiring or other employment actions.  Courts are permitted to consider evidence of bias testing when evaluating discrimination claims involving AI.  (S.B. 5)

2026

• Iowa (Eff. 7/1/26) – Iowa expands when the federal E‑Verify system must be used, mandating that most public employers and education employers, including accredited nonpublic schools, use E‑Verify to confirm the work authorization of newly hired employees and, after an appeal process, transmit non‑confirmation results to federal immigration authorities. The law does not impose a general E‑Verify mandate on private employers outside the public and school contexts. (S.F. 2218)
• Ind. (Eff. 7/1/26) – Indiana, with limited exceptions, prohibits employers from knowingly or intentionally recruiting, hiring, or continuing to employ an unauthorized alien in Indiana.  Employers that engage in “reasonable diligence,” such as by using E-Verify, are not in violation of the law. Employers may not discharge or discriminate against an employee for cooperating with the AG.  (S.B. 76)
• Tenn. (Eff. 7/1/26) –Tennessee makes it a Class A misdemeanor for a direct employer to knowingly employ and allow a person unlawfully present in the United States to operate a commercial motor vehicle.  Employers are presumed not to have acted knowingly if they comply with state employment eligibility verification requirements.  (S.B. 1587; Ch. L. No. 1070)

On the Horizon

• Tenn. (Eff. 1/1/27) – Tennessee expands the definition of “private employer” under its Lawful Employment Act to include any employer that must report remuneration for at least one employee and would require suspension of a business license until the employer remedies employment verification requirements.  (H.B. 1194; S.B. 990)

2026

• Va. (Eff. 7/1/26) – Virginia makes it a misdemeanor to knowingly leave a handgun in an “unattended” vehicle or trunk unless the gun is out of plain view in a locked hard-sided container (e.g., glove compartment or console), including when a vehicle is parked in a commercial or retail parking area and any time the owner, operator, or passenger is unable to observe the vehicle.  (H.B. 110 / S.B. 496)

2026

• N.H. (Reminder: 7/1/26) – The one-time civil penalty for lactation accommodation violations takes effect.  Employers with six or more employees in New Hampshire must have a lactation policy; provide nursing employees a “reasonable break period” to pump for 30 minutes every three hours; and provide a reasonable, sufficient space that is not a bathroom, is clean, shielded from view and free from intrusion, and ideally includes an electrical outlet and chair for one year after the child’s birth, unless the break or space accommodation causes an undue hardship.  (H.B. 358)
• Conn. (Eff. 10/1/26) – Connecticut now requires employers to provide a reasonable break time to express milk in addition to scheduled breaks, no longer leaving it to an employer’s discretion.  (H.B. 5003; Seyfarth Post)

On the Horizon

• Wash. (Eff. 1/1/27) – Washington amends its pregnancy accommodations law, clarifying that “pregnancy” includes the need to express milk and that a reasonable accommodation includes a reasonable break to express milk.  All employers must pay an employee for break and travel time to express milk during work, in addition to meal and rest periods.  On February 17, 2026, the Washington Dep’t of Lab. & Indust. filed a notice of intent to adopt corresponding rules.  (S.B. 5217; Preproposal)

On the Horizon

• Philadelphia, Penn.  (Eff. 1/1/27) – Philadelphia’s Fair Practice Ordinance prohibits employers from discriminating on the basis of – and must provide reasonable accommodations for – menstruation, perimenopause, and menopause.  (File No. 250849)

2026

• Ala. (Eff. 10/1/26) – Alabama voids and makes unenforceable any provision in a nondisclosure, confidentiality, employment, settlement, or other type of agreement that prohibits an individual from disclosing certain acts of sexual abuse or related facts.  “Sexual abuse” is broadly defined.  The law applies to any agreement entered into, executed, or amended on or after October 1, 2026.  (S.B. 30)

On the Horizon

• Utah (Eff. 1/1/27) – Utah amends the definition of “sexual assault” used in its statute limiting the enforceability of nondisclosure and non-disparagement clauses, removing prior exclusions for certain sexual offenses.  Consequently, confidentiality clauses covering any conduct described in Utah’s Sexual Offenses chapter may now fall within the statute’s restrictions.  (H.B. 90)

2026

• La. (Eff. 8/1/26) – Louisiana prohibits employers, their agents, or union agents from providing voting assistance to their employees who are voter with a disability who is unable to sign their name or make a mark.  (H.B. 842)
• Md. (Eff. 10/1/26) – Maryland’s captive audience law, with limited exceptions, prohibits employers and their agents from discharging, disciplining, penalizing, or threatening to take an adverse employment action against an employee or for refusing to hire an applicant for declining to attend, participate in, or listen to employer-sponsored meetings or communications in which the primary purpose is to communicate the employer’s opinion about religious or political matters.  “Political matters” includes the decision to join a labor organization.  Also, employers must post and provide a notice to employees, which will be created by the Commissioner.  (S.B. 417)

On the Horizon

• Wash. (Eff. 1/1/27) – Washington’s new “Healthy Starts Act,” a pregnancy accommodations law that largely mirrors its existing pregnancy accommodation law, takes effect.  The new law expands several definitions: “employer” includes any employer with one or more employee;  “employee” effectually includes all employees; and “pregnancy” includes the need to express milk.  Also, it requires a reasonable accommodation for schedule flexibility for postpartum visits.  Corresponding regulations are pending.  (S.B. 5217; Initial Feedback)
• Wash. (Eff. 1/1/27) – Washington amends its pregnancy accommodation law to more clearly prohibit an employer from requiring a written certification from a healthcare professional for a reasonable accommodation to limit lifting over 17 lbs.  (S.B. 6014)

2026

• Los Angeles, Cal. (Reminder: Training 10/1/26) – The “Los Angeles County Hotel Worker Protections Ordinance,” applicable to the unincorporated areas of L.A. County, requires hotel employers, by October 1, 2026, to begin providing an annual housekeeping training for hotel workers.  Hotel workers may not work as a room attendant for more than 120 days until completing the training.  Employers must maintain a record of the training and who is assigned to be a room attendant.  (Ord. 2025-41; Seyfarth Post; Housekeeping Training Timeline)

2026

• Surveillance (Eff. 10/1/26) – Connecticut amends its electronic surveillance law, allowing third-party vendors that operate a self-service kiosk located in employer’s lounges (e.g., snack kiosk in a breakroom) to operate an electronic surveillance device or system.  Unless theft is alleged, employers may not request to view video in a disciplinary action.  (S.B. 439)
• Surveillance Notice (Eff. 10/1/26) – Connecticut expands its existing electronic surveillance notice law, requiring written, location-specific disclosures to employees; conspicuous workplace postings, including where surveillance occurs; and a (new) plain language notice to new hires identifying activities that may be monitored without prior notice.  (S.B. 472)
• Warehouse Quotas (Eff. 7/1/26; Reminder: 8/1/26) – Connecticut requires warehouse employers (250+ employees at a single site or 1,000+ statewide) to provide written descriptions of all production quotas and any potential adverse employment action for failure to satisfy such quota.  Written descriptions must be provided to current employees no later than August 1, 2026 and upon hire thereafter.  Quotas may not interfere with meal or bathroom breaks, measure output over periods shorter than a workday, or rely solely on employee ranking.  The law bars adverse action for failing to meet unlawful or undisclosed quotas and protects employees from retaliation for requesting quota or work-speed records.  There is a three year records requirement. (S.B. 298)
• Written Notice Requirement (Eff. 10/1/26) – Connecticut requires employers to provide employees with a written notice of their right to reasonable accommodations in the workplace.  Notice must be given to existing employees by approx. January 29, 2027; all new hires beginning October 1, 2026; and within ten days of an employee notifying the employer of a disability.  (H.B. 5003; Seyfarth Post)

2026

• SSN (Eff. 7/1/26) – Iowa prohibits employers from knowingly hiring or continuing to employ an individual who provided a Social Security number that does not belong to that individual. (S.F. 2218)

2026

• Trespass (Eff. 7/15/26) – Kentucky makes it a crime to enter or stay at a workplace after receiving verbal or written notice not to trespass while engaging in “threatening behavior” (i.e., engaging in conduct that intentionally places another person in reasonable apprehension of imminent physical injury).  (H.B. 521)

2026

• Surveillance (Est. 7/14/26) – Maine prohibits employers from using employer surveillance unless it notifies an employee before use.  With limited exceptions, surveillance is the monitoring of an employee through the use of an electronic device or system.  Employers using surveillance must inform prospective employees during the interview that the employer uses surveillance and must annually provide a written notice to employees.  (L.D. 61 / H.P. 25; Poster)
• Drug Testing (Est. 7/14/26) – Maine amends its employer substance use testing law by requiring the Dep’t. of Lab.’s approval of substance use testing programs (including labor-organization programs); tightens the rules for federal regulated employers (i.e., employers with at least one Maine-based employee subject to federally mandated testing, who must apply the same federal testing standards to non-mandated employees); revises key testing concepts (e.g., defining “random testing,” “observable behavior,” and recognizes lawful medical marijuana use as a legitimate medical explanation); and strengthens testing procedures (e.g., requiring an opportunity to contest certain results).  Employers must notify the Dep’t. if it discontinues approved substance use testing policies.  (H.P. 1425 / L.D. 2110)

2026

• Hospital Workplace Violence Prevention (Est. 9/18/26) – New York requires certain hospitals and nursing homes, by December 2026, to adopt workplace violence prevention plans after conducting an assessment.  Employees regularly assigned to provide security must be trained.  A written summary of the plan and information on how to report incidents of workplace violence must be provided to employees and their CBA representative, if applicable.  (A. 203; Seyfarth Post)

On the Horizon

• Retail Workplace Violence Prevention (Reminder: 1/1/27) – Retail employers with 500 or more retail employees in NY must install silence response buttons that request immediate assistance.  (A. 1678 / S. 740; Seyfarth Post)

2026

• Volunteer Emergency Responders (Eff. 7/1/26) –Virginia prohibits employers from taking an adverse or retaliatory action against an employee who fails to report to work because they are serving as a “volunteer emergency responder,” provided the employee gives required notice and documentation.  (S.B. 100; Seyfarth Post)
• Workplace Violence in Hospitals (Eff. 7/1/26) – Virginia expands workplace violence reporting requirements for certain hospitals with emergency departments and in doing so, also expands reporting requirements to cover contracted health care providers working in the hospital.  The Board of Health is directed to implement regulations by January 1, 2027.  (H.B. 1489)

On the Horizon

• Domestic Labor (Eff. 7/1/27) – A new Washington law, applicable to domestic workers who perform services in private homes (e.g., nannies, housekeepers, and home care providers), establishes minimum wage and overtime requirements; requires a written agreement that must contain certain information, such as a work schedule and agreed to benefits; requires two or four weeks advance notice of termination with limited exceptions; and has anti-retaliation provisions.  Regulations may be forthcoming.  (H.B. 2355; Preproposal Regs.)