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Wednesday, May 20, 2026

Ones To Watch: Legislation Landscape for 2026 - Littler Mendelson P.C.

This article provides an overview of the thousands of labor and employment-related bills introduced in the United States in the first quarter of the year and looks at trends that appear to be emerging.

Ones To Watch is back with Littler’s fourth annual forecast of the year’s trendiest topics in federal and state labor and employment-related legislation. Three months into the year, with all but a handful of state legislatures currently in session, several trends have emerged for 2026. While we cannot know which of these will ultimately be enacted, the following themes stand out from the crowd.

Immigration

Just as in 2025, we see a significant amount of proposed legislation regarding immigration and employment at the state level. Many of these bills focus on the federal E-Verify program, which uses federal government records to confirm an employee’s authorization to work in the United States. While the program is voluntary, several states already require public employers and government contractors to use E-Verify. A handful of others require private sector employers to use the program for new hires. New proposed legislation would establish or enhance requirements for employers to use E-Verify. For example, New Jersey, Rhode Island, and South Dakota do not currently require E-Verify but are considering bills that would require most or all private employers to use the program.

No Tax on Tips / No Tax on Overtime

After the federal One Big Beautiful Bill Act (OBBBA) was enacted...



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