Expected Labor & Employment Changes for 2026

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As 2026 approaches, businesses, employees, and policymakers alike are preparing for a new year, and with it, anticipated shifts in the labor and employment landscape. Each year brings its own set of challenges and opportunities, from regulatory changes to evolving workplace trends, and 2026 is no exception. Understanding these expected developments is essential for organizations aiming to stay compliant and competitive, and for workers seeking to navigate a rapidly changing work environment. This article highlights the key labor and employment changes we expect to see and what they could mean for the year ahead.

Artificial-Intelligence

As artificial intelligence continues to reshape workplaces, 2026 is expected to bring heightened focus and debate around how AI intersects with labor and employment law. With clear federal guidance still in flux, states are increasingly taking the lead, enacting laws that require transparency, bias audits, and notifications when AI tools influence hiring, promotions, or other employment decisions, and imposing anti‑discrimination obligations on employers using AI systems. At the same time, recent federal actions aimed at limiting state‑level AI regulation have stirred deeper discussion about the proper balance between national and state authority over AI in the workplace. As a result, we expect more dialogue, legislative proposals, and state‑driven action on AI issues, including employment discrimination, automated decision‑making, and worker protections, making AI one of the central labor and employment topics heading into the New Year.

Immigration

Immigration and employment rules are shifting in 2026, particularly around visas. H‑1B registration may prioritize higher‑paid positions, while expanded screening and stricter work authorization rules increase scrutiny for foreign workers. Employers will need to navigate these changes carefully to ensure compliance and maintain access to skilled talent. At the same time, adjustments to employment authorization documents (EADs) and new pathways to permanent residency may affect workforce planning, while visa backlogs continue to create challenges for both employers and employees. These developments underscore the growing importance of proactive immigration strategies in the year ahead.

Labor Reform

Heading into 2026, Congress will begin debating a substantial labor reform package led by Senate Health, Education, Labor and Pensions (HELP) Committee Chair Bill Cassidy (R‑LA) and other Senate Republicans that could reshape key aspects of federal labor law. This legislative effort includes bills aimed at modernizing outdated labor rules. We will be watching closely as these proposals make their way through committee hearings and potential floor votes because successful passage could result in significant changes to union representation processes, collective bargaining frameworks, and workplace benefit structures—marking some of the most substantial labor law revisions in decades. Learn more here.

NLRB Regains Quorum

After nearly a year without a functioning quorum, the National Labor Relations Board was effectively sidelined throughout much of 2025. President Trump’s removal of Democratic Board Member Gwynne Wilcox and other senior officials left the NLRB without the minimum three members required to act, prompting legal challenges and leaving hundreds of cases in limbo. That impasse ended on December 18, 2025, when the Senate confirmed President Trump’s nominees, restoring a quorum and enabling the Board to resume full operations. Scott Mayer and James D. Murphy will serve as Board Members, with Murphy set to serve as the Board’s chair, and Crystal S. Carey will serve as the NLRB’s General Counsel. With the Board now reconstituted, we expect the NLRB to begin advancing policy priorities aligned with the Trump administration’s agenda, potentially reversing or narrowing several Biden-era labor protections and signaling a significant shift in how the Board interprets and enforces federal labor law.

State Changes on the Horizon

Several state-level labor and employment changes take effect at the start of 2026, reflecting a continued push toward higher wages and expanded worker protections. The following states are raising their minimum wage effective January 1, 2026.

  • Arizona – $15.15 /hour
  • California – $16.90 /hour
  • Colorado – $15.16 /hour
  • Connecticut – $16.94 /hour
  • Hawaii – $16.00 /hour
  • Maine – $15.10 /hour
  • Michigan – $13.73 /hour
  • Minnesota – $11.41 /hour
  • Missouri – $15.00 /hour
  • Montana – $10.85 /hour
  • Nebraska – $15.00 /hour
  • New Jersey – $15.92 /hour
  • New York – $17.00 /hour in NYC/Long Island/Westchester; $16.00 /hour elsewhere
  • Ohio – $11.00 /hour
  • Rhode Island – $16.00 /hour
  • South Dakota – $11.85 /hour
  • Vermont – $14.42 /hour
  • Virginia – $12.77 /hour
  • Washington – $17.13 /hour statewide; $21.30 in Seattle

As 2026 begins, the labor and employment landscape is poised for significant changes from state-level wage increases and paid leave expansions to evolving visa rules, AI regulations, and potential federal labor reforms. We will continue to monitor these developments closely and provide updates throughout the year to help employers and employees navigate the shifting workplace environment.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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