Happy New Laws: Some Employment Law Changes Taking Effect in 2026

The statute of limitations for wishing a Happy New Year has run out, according to the Hon. Larry David. Perhaps your resolution has already ended. As half the country digs out of ice and snow and we creep into February, maybe 2026 is starting off a little less “happy” than you had hoped (Larry would be proud).

The New Year does not always bring a fresh start. With more than 50 new workplace laws taking effect since January 1, 2026, spanning over half the states in the country, many employers may find the year beginning with more than they’d hoped for. While we can’t get you back to the gym or shovel your driveway, we can help you avoid an unwelcome surprise at work. Here’s a reminder of what’s new (so far) in 2026.

Paid Family and Medical Leave Programs Expand

Several states are launching or expanding paid family and medical leave (PFML) programs in 2026.

• Delaware’s Healthy Delaware Families Act took effect on January 1, 2026, and employers with 10 or more employees must allow covered employees to take up to 12 weeks of paid family and medical leave. The law was amended to prohibit employers from requiring employees to use accrued time off before accessing PFML benefits.

• Minnesota also launched a PFML program on January 1, 2026. Minnesota’s program allows up to 20 weeks of combined paid family and medical leave for eligible employees. The program covers both full- and part-time employees and is funded by contributions split evenly between employers and employees.

• Maine’s PFML program takes effect on May 1, 2026, requiring employers to allow covered employees to take up to 12 weeks of paid family and medical leave.

• Colorado has amended its PFML program to provide up to 12 additional weeks of paid leave for parents with a child in a neonatal intensive care unit starting January 1, 2026.

• Washington also has expanded its PFML program to broaden employment restoration protections and now requires employers to provide written notice regarding employment restoration.

Paid Sick Leave Laws

Relatedly, some states are also expanding paid sick leave laws.

• Connecticut’s paid sick leave law continues to incrementally cover employers. As of January 1, 2026, employers with 11 or more employees (down from 25) must comply with the state’s paid sick leave requirements, which were also amended to provide additional reasons for leave and change how leave was calculated. Next year, the law will cover any employer with one or more employees in the state.

• Oregon has expanded its paid sick leave law to allow employees to take paid leave to donate blood as part of a voluntary program approved or accredited by the American Association of Blood Banks or the American Red Cross.

• Illinois has amended its Nursing Mothers in the Workplace Act to clarify that employers must compensate employees at their regular rate of pay during lactation breaks. It also clarifies that employers cannot require employees to use paid leave during break time.

AI Regulation Takes Shape

The regulatory landscape for AI in the employment context continues to develop, even while the federal government appears to be taking steps towards preemption.

• Illinois has amended its Human Rights Act to make it a civil rights violation to use AI in ways that result in unlawful discrimination in employment decisions, including hiring, promotions, and discipline, even when discrimination is unintentional. The law also addresses the use of zip codes as a proxy for protected classes and requires employers to notify employees when AI is used for making employment decisions.

• Colorado’s AI Act, which was cited directly by the Trump administration and goes into effect on July 1, 2026, requires employers using “high-risk” AI systems to exercise “reasonable care” to prevent algorithmic discrimination. Employers can establish a rebuttable presumption that they’ve taken care to avoid discrimination by implementing specific safeguards.

• Texas’s new AI law, effective January 1, 2026, regulates the use of AI systems and establishes antidiscrimination and disclosure requirements for companies that use AI. While Texas may have a more relaxed AI policy than other states, its move toward regulation is a sign that other states may follow suit.

Other Notable Developments

• California has expanded its mini-WARN Act to require employers to provide additional information in their notices of mass layoffs, terminations, or relocations. Under this law, employers must disclose whether they plan to coordinate services through a local workforce development board or another entity and include specific contact information and descriptions of available services.

• Minnesota has amended its meal and rest break laws effective January 1, 2026. Employers must now provide employees with a paid rest break of at least 15 minutes, or enough time to utilize the nearest convenient restroom, whichever is longer, for every four consecutive hours worked. Employers must allow employees working six or more consecutive hours an unpaid meal break of at least 30 minutes. If an employer fails to provide those breaks, the employer must compensate the employee at the employee’s regular pay rate and is also liable for an equal amount in liquidated damages.

• Nevada has enacted new requirements for certain employers to monitor air quality and reduce employee exposure to wildfire smoke. Employers with 10 or more employees must establish a communication system that provides employees with notice when the air quality index reaches 150 or higher during their shift and notice of available protective measures to reduce exposure to harmful air conditions.

• Washington has expanded safety standards for “isolated” employees, such as janitors, security guards, and room service attendants. New employer obligations include added training, recordkeeping, and other requirements, including panic buttons.

• Oregon has enacted new workplace violence prevention requirements for certain healthcare entities, requiring employers to develop and implement workplace violence prevention plans, investigate incidents, and submit assessment reports to the state.

The Year Ahead

In addition to the very practical considerations we highlighted a few weeks ago, here are some other things to keep in mind as you navigate the year ahead:

• Confirm minimum wage and salary threshold updates. At least 19 states will see minimum wage increases on January 1, 2026. If you have employees in multiple states, make sure all employment records are up to date.
• Update leave policies. Review paid sick leave, family leave, and medical leave policies to ensure compliance with new and expanded requirements across all jurisdictions where your employees are located. Pay close attention to the multiple states creating new PFML programs.
• Review how AI is used in hiring. If your company uses AI for screening, interviewing, or other employment decisions, meet with your AI vendors to ensure compliance and establish appropriate retention protocols. Even if your state does not have laws on the subject now, it may still be appropriate to start this process, as additional laws will continue to proliferate.
• Review onboarding and notice practices, meal and rest break policies, and workplace safety obligations.

As always, if you have any questions, please call your favorite employment lawyer. And, on behalf of Bradley, may we be the last to wish you a Happy New Year.